[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
April 11, 2002.
Resolved, That the bill from the House of Representatives (H.R.
3295) entitled ``An Act to establish a program to provide funds to
States to replace punch card voting systems, to establish the Election
Assistance Commission to assist in the administration of Federal
elections and to otherwise provide assistance with the administration
of certain Federal election laws and programs, to establish minimum
election administration standards for States and units of local
government with responsibility for the administration of Federal
elections, and for other purposes.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Martin Luther
King, Jr. Equal Protection of Voting Rights Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND
ADMINISTRATION REQUIREMENTS
Sec. 101. Voting systems standards.
Sec. 102. Provisional voting and voting information requirements.
Sec. 103. Computerized statewide voter registration list requirements
and requirements for voters who register by
mail.
Sec. 104. Enforcement by the Civil Rights Division of the Department of
Justice.
Sec. 105. Minimum Standards.
TITLE II--GRANT PROGRAMS
Subtitle A--Uniform and Nondiscriminatory Election Technology and
Administration Requirements Grant Program
Sec. 201. Establishment of the Uniform and Nondiscriminatory Election
Technology and Administration Requirements
Grant Program.
Sec. 202. State plans.
Sec. 203. Application.
Sec. 204. Approval of applications.
Sec. 205. Authorized activities.
Sec. 206. Payments.
Sec. 207. Audits and examinations of States and localities.
Sec. 208. Reports to Congress and the Attorney General.
Sec. 209. Authorization of appropriations.
Sec. 210. Effective date.
Subtitle B--Federal Election Reform Incentive Grant Program
Sec. 211. Establishment of the Federal Election Reform Incentive Grant
Program.
Sec. 212. Application.
Sec. 213. Approval of applications.
Sec. 214. Authorized activities.
Sec. 215. Payments; Federal share.
Sec. 216. Audits and examinations of States and localities.
Sec. 217. Reports to Congress and the Attorney General.
Sec. 218. Authorization of appropriations.
Sec. 219. Effective date.
Subtitle C--Federal Election Accessibility Grant Program
Sec. 221. Establishment of the Federal Election Accessibility Grant
Program.
Sec. 222. Application.
Sec. 223. Approval of applications.
Sec. 224. Authorized activities.
Sec. 225. Payments; Federal share.
Sec. 226. Audits and examinations of States and localities.
Sec. 227. Reports to Congress and the Attorney General.
Sec. 228. Authorization of appropriations.
Sec. 229. Effective date.
Subtitle D--National Student/Parent Mock Election
Sec. 231. National Student/Parent Mock Election.
Sec. 232. Authorization of appropriations.
TITLE III--ADMINISTRATION
Subtitle A--Election Administration Commission
Sec. 301. Establishment of the Election Administration Commission.
Sec. 302. Membership of the Commission.
Sec. 303. Duties of the Commission.
Sec. 304. Meetings of the Commission.
Sec. 305. Powers of the Commission.
Sec. 306. Commission personnel matters.
Sec. 307. Authorization of appropriations.
Subtitle B--Transition Provisions
Sec. 311. Equal Protection of Voting Rights Act of 2001.
Sec. 312. Federal Election Campaign Act of 1971.
Sec. 313. National Voter Registration Act of 1993.
Sec. 314. Transfer of property, records, and personnel.
Sec. 315. Coverage of Election Administration Commission under certain
laws and programs.
Sec. 316. Effective date; transition.
Subtitle C--Advisory Committee on Electronic Voting and the Electoral
Process
Sec. 321. Establishment of Committee.
Sec. 322. Duties of the Committee.
Sec. 323. Powers of the Committee.
Sec. 324. Committee personnel matters.
Sec. 325. Termination of the Committee.
Sec. 326. Authorization of appropriations.
TITLE IV--UNIFORMED SERVICES ELECTION REFORM
Sec. 401. Standard for invalidation of ballots cast by absent uniformed
services voters in Federal elections.
Sec. 402. Maximization of access of recently separated uniformed
services voters to the polls.
Sec. 403. Prohibition of refusal of voter registration and absentee
ballot applications on grounds of early
submission.
Sec. 404. Distribution of Federal military voter laws to the States.
Sec. 405. Effective dates.
Sec. 406. Study and report on permanent registration of overseas
voters; distribution of overseas voting
information by a single State office; study
and report on expansion of single State
office duties.
Sec. 407. Report on absentee ballots transmitted and received after
general elections.
Sec. 408. Other requirements to promote participation of overseas and
absent uniformed services voters.
Sec. 409. Study and report on the development of a standard oath for
use with overseas voting materials.
Sec. 410. Study and report on prohibiting notarization requirements.
TITLE V--CRIMINAL PENALTIES; MISCELLANEOUS
Sec. 501. Review and report on adequacy of existing electoral fraud
statutes and penalties.
Sec. 502. Other criminal penalties.
Sec. 503. Use of social security numbers for voter registration and
election administration.
Sec. 504. Delivery of mail from overseas preceding Federal elections.
Sec. 505. State responsibility to guarantee military voting rights.
Sec. 506. Sense of the Senate regarding State and local input into
changes made to the electoral process.
Sec. 507. Study and report on free absentee ballot postage
Sec. 508. Help America vote college program
Sec. 509. Relationship to other laws.
Sec. 510. Voters with disabilities.
Sec. 511. Election day holiday study.
Ses. 512. Sense of the Senate on compliance with election technology
and administration requirements.
Ses. 513. Broadcasting false election information.
Ses. 514. Sense of the Senate regarding changes made to the electoral
process and how such changes impact States.
TITLE I--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND
ADMINISTRATION REQUIREMENTS
SEC. 101. VOTING SYSTEMS STANDARDS.
(a) Requirements.--Each voting system used in an election for
Federal office shall meet the following requirements:
(1) In general.--
(A) Except as provided in subparagraph (B), the
voting system (including any lever voting system,
optical scanning voting system, or direct recording
electronic system) shall--
(i) permit the voter to verify the votes
selected by the voter on the ballot before the
ballot is cast and counted;
(ii) provide the voter with the opportunity
to change the ballot or correct any error
before the ballot is cast and counted
(including the opportunity to correct the error
through the issuance of a replacement ballot if
the voter was otherwise unable to change the
ballot or correct any error); and
(iii) if the voter selects votes for more
than 1 candidate for a single office, the
voting system shall--
(I) notify the voter that the voter
has selected more than 1 candidate for
a single office on the ballot;
(II) notify the voter before the
ballot is cast and counted of the
effect of casting multiple votes for
the office; and
(III) provide the voter with the
opportunity to correct the ballot
before the ballot is cast and counted.
(B) A State or locality that uses a paper ballot
voting system, a punchcard voting system, or a central
count voting system (including mail-in absentee ballots
or mail-in ballots), may meet the requirements of
subparagraph (A) by--
(i) establishing a voter education program
specific to that voting system that notifies
each voter of the effect of casting multiple
votes for an office; and
(ii) providing the voter with instructions
on how to correct the ballot before it is cast
and counted (including instructions on how to
correct the error through the issuance of a
replacement ballot if the voter was otherwise
unable to change the ballot or correct any
error).
(C) The voting system shall ensure that any
notification required under this paragraph preserves
the privacy of the voter and the confidentiality of the
ballot.
(2) Audit capacity.--
(A) In General.--The voting system shall produce a
record with an audit capacity for such system.
(B) Manual audit capacity.--
(i) Permanent paper record.--The voting
system shall produce a permanent paper record
with a manual audit capacity for such system.
(ii) Correction of errors.--The voting
system shall provide the voter with an
opportunity to change the ballot or correct any
error before the permanent paper record is
produced.
(iii) Official record for recounts.--The
printed record produced under subparagraph (A)
shall be available as an official record for
any recount conducted with respect to any
election for Federal office in which the system
is used.
(3) Accessibility for individuals with disabilities.--The
voting system shall--
(A) be accessible for individuals with
disabilities, including nonvisual accessibility for the
blind and visually impaired, in a manner that provides
the same opportunity for access and participation
(including privacy and independence) as for other
voters;
(B) satisfy the requirement of subparagraph (A)
through the use of at least 1 direct recording
electronic voting system or other voting system
equipped for individuals with disabilities at each
polling place; and
(C) meet the voting system standards for disability
access if purchased with funds made available under
title II on or after January 1, 2007.
(4) Multilingual voting materials.--
(A) In general.--Except as provided in subparagraph
(B), the voting system shall provide alternative
language accessibility--
(i) with respect to a language other than
English in a State or jurisdiction if, as
determined by the Director of the Bureau of the
Census--
(I)(aa) at least 5 percent of the
total number of voting-age citizens who
reside in such State or jurisdiction
speak that language as their first
language and who are limited-English
proficient; or
(bb) there are at least 10,000
voting-age citizens who reside in that
jurisdiction who speak that language as
their first language and who are
limited-English proficient; and
(II) the illiteracy rate of the
group of citizens who speak that
language is higher than the national
illiteracy rate; or
(ii) with respect to a language other than
English that is spoken by Native American or
Alaskan native citizens in a jurisdiction that
contains all or any part of an Indian
reservation if, as determined by the Director
of the Bureau of the Census--
(I) at least 5 percent of the total
number of citizens on the reservation
are voting-age Native American or
Alaskan native citizens who speak that
language as their first language and
who are limited-English proficient; and
(II) the illiteracy rate of the
group of citizens who speak that
language is higher than the national
illiteracy rate.
(B) Exceptions.--
(i) If a State meets the criteria of item
(aa) of subparagraph (A)(i)(I) with respect to
a language, a jurisdiction of that State shall
not be required to provide alternative language
accessibility under this paragraph with respect
to that language if--
(I) less than 5 percent of the
total number of voting-age citizens who
reside in that jurisdiction speak that
language as their first language and
are limited-English proficient; and
(II) the jurisdiction does not meet
the criteria of item (bb) of such
subparagraph with respect to that
language.
(ii) A State or locality that uses a lever
voting system and that would be required to
provide alternative language accessibility
under the preceding provisions of this
paragraph with respect to an additional
language that was not included in the voting
system of the State or locality before the date
of enactment of this Act may meet the
requirements of this paragraph with respect to
such additional language by providing
alternative language accessibility through the
voting systems used to meet the requirement of
paragraph (3)(B) if--
(I) it is not practicable to add
the alternative language to the lever
voting system or the addition of the
language would cause the voting system
to become more confusing or difficult
to read for other voters;
(II) the State or locality has
filed a request for a waiver with the
Office of Election Administration of
the Federal Election Commission or,
after the transition date (as defined
in section 316(a)(2)), with the
Election Administration Commission,
that describes the need for the waiver
and how the voting system under
paragraph (3)(B) would provide
alternative language accessibility; and
(III) the Office of Election
Administration or the Election
Administration Commission (as
appropriate) has approved the request
filed under subclause (II).
(5) Error rates.--The error rate of the voting system in
counting ballots (determined by taking into account only those
errors which are attributable to the voting system and not
attributable to an act of the voter) shall not exceed the error
rate standards established under the voting systems standards
issued and maintained by the Director of the Office of Election
Administration of the Federal Election Commission (as revised
by the Director of such Office under subsection (c)).
(b) Voting System Defined.--In this section, the term ``voting
system'' means--
(1) the total combination of mechanical, electromechanical,
or electronic equipment (including the software, firmware, and
documentation required to program, control, and support the
equipment) that is used--
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail
information;
(2) the practices and associated documentation used--
(A) to identify system components and versions of
such components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and
defects;
(D) to determine specific system changes to be made
to a system after the initial qualification of the
system; and
(E) to make available any materials to the voter
(such as notices, instructions, forms, or paper
ballots).
(c) Administration by the Office of Election Administration.--
(1) In general.--Not later than January 1, 2004, the
Director of the Office of Election Administration of the
Federal Election Commission, in consultation with the
Architectural and Transportation Barriers Compliance Board (as
established under section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792)) and the Director of the National Institute of
Standards and Technology, shall promulgate standards revising
the voting systems standards issued and maintained by the
Director of such Office so that such standards meet the
requirements established under subsection (a).
(2) Quadrennial review.--The Director of the Office of
Election Administration of the Federal Election Commission, in
consultation with the Architectural and Transportation Barriers
Compliance Board and the Director of the National Institute of
Standards and Technology, shall review the voting systems
standards revised under paragraph (1) no less frequently than
once every 4 years.
(d) Construction.--Nothing in this section shall require a
jurisdiction to change the voting system or systems (including paper
balloting systems, including in-person, absentee, and mail-in paper
balloting systems, lever machine systems, punchcard systems, optical
scanning systems, and direct recording electronic systems) used in an
election in order to be in compliance with this Act.
(e) Effective Date.--Each State and locality shall be required to
comply with the requirements of this section on and after January 1,
2006.
SEC. 102. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.
(a) Requirements.--If an individual declares that such individual
is a registered voter in the jurisdiction in which the individual
desires to vote and that the individual is eligible to vote in an
election for Federal office, but the name of the individual does not
appear on the official list of eligible voters for the polling place,
or an election official asserts that the individual is not eligible to
vote, such individual shall be permitted to cast a provisional ballot
as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional
ballot in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at
the polling place stating that the individual is--
(A) a registered voter in the jurisdiction in which
the individual desires to vote; and
(B) eligible to vote in that election.
(3) An election official at the polling place shall
transmit the ballot cast by the individual or voter information
contained in the written affirmation executed by the individual
under paragraph (2) to an appropriate State or local election
official for prompt verification under paragraph (4).
(4) If the appropriate State or local election official to
whom the ballot or voter information is transmitted under
paragraph (3) determines that the individual is eligible under
State law to vote in the jurisdiction, the individual's
provisional ballot shall be counted as a vote in that election.
(5) At the time that an individual casts a provisional
ballot, the appropriate State or local election official shall
give the individual written information that states that any
individual who casts a provisional ballot will be able to
ascertain through a free access system (such as a toll-free
telephone number or an Internet website) whether the vote was
counted, and, if the vote was not counted, the reason that the
vote was not counted.
(6) The appropriate State or local election official shall
establish a free access system (such as a toll-free telephone
number or an Internet website) that any individual who casts a
provisional ballot may access to discover whether the vote of
that individual was counted, and, if the vote was not counted,
the reason that the vote was not counted.
States described in section 4(b) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this
subsection using voter registration procedures established under
applicable State law. The appropriate State or local official shall
establish and maintain reasonable procedures necessary to protect the
security, confidentiality, and integrity of personal information
collected, stored, or otherwise used by the free access system
established under paragraph (6)(B). Access to information about an
individual provisional ballot shall be restricted to the individual who
cast the ballot.
(b) Voting Information Requirements.--
(1) Public posting on election day.--The appropriate State
or local election official shall cause voting information to be
publicly posted at each polling place on the day of each
election for Federal office.
(2) Voting information defined.--In this section, the term
``voting information'' means--
(A) a sample version of the ballot that will be
used for that election;
(B) information regarding the date of the election
and the hours during which polling places will be open;
(C) instructions on how to vote, including how to
cast a vote and how to cast a provisional ballot;
(D) instructions for mail-in registrants and first-
time voters under section 103(b); and
(E) general information on voting rights under
applicable Federal and State laws, including
information on the right of an individual to cast a
provisional ballot and instructions on how to contact
the appropriate officials if these rights are alleged
to have been violated.
(c) Voters Who Vote After the Polls Close.--Any individual who
votes in an election for Federal office for any reason, including a
Federal or State court order, after the time set for closing the polls
by a State law in effect 10 days before the date of that election may
only vote in that election by casting a provisional ballot under
subsection (a).
(d) Administration by the Civil Rights Division.--Not later than
January 1, 2003, the Assistant Attorney General in charge of the Civil
Rights Division of the Department of Justice shall promulgate such
guidelines as are necessary to implement the requirements of subsection
(a).
(e) Effective Date.--
(1) Provisional voting.--Each State and locality shall be
required to comply with the requirements of subsection (a) on
and after January 1, 2004.
(2) Voting information.--Each State and locality shall be
required to comply with the requirements of subsection (b) on
and after the date of enactment of this Act.
SEC. 103. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS
AND REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.
(a) Computerized Statewide Voter Registration List Requirements.--
(1) Implementation.--
(A) In general.--Except as provided in subparagraph
(B), each State, acting through the chief State
election official, shall implement an interactive
computerized statewide voter registration list that
contains the name and registration information of every
legally registered voter in the State and assigns a
unique identifier to each legally registered voter in
the State (in this subsection referred to as the
``computerized list'').
(B) Exception.--The requirement under subparagraph
(A) shall not apply to a State in which, under a State
law in effect continuously on and after the date of
enactment of this Act, there is no voter registration
requirement for individuals in the State with respect
to elections for Federal office.
(2) Access.--The computerized list shall be accessible to
each State and local election official in the State.
(3) Computerized list maintenance.--
(A) In general.--The appropriate State or local
election official shall perform list maintenance with
respect to the computerized list on a regular basis as
follows:
(i) If an individual is to be removed from
the computerized list, such individual shall be
removed in accordance with the provisions of
the National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.), including subsections
(a)(4), (c)(2), (d), and (e) of section 8 of
such Act (42 U.S.C. 1973gg-6).
(ii) For purposes of removing names of
ineligible voters from the official list of
eligible voters--
(I) under section 8(a)(3)(B) of
such Act (42 U.S.C. 1973gg-6(a)(3)(B)),
the State shall coordinate the
computerized list with State agency
records on felony status; and
(II) by reason of the death of the
registrant under section 8(a)(4)(A) of
such Act (42 U.S.C. 1973gg-6(a)(4)(A)),
the State shall coordinate the
computerized list with State agency
records on death.
(iii) Notwithstanding the preceding
provisions of this subparagraph, if a State is
described in section 4(b) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-
2(b)), that State shall remove the names of
ineligible voters from the computerized list in
accordance with State law.
(B) Conduct.--The list maintenance performed under
subparagraph (A) shall be conducted in a manner that
ensures that--
(i) the name of each registered voter
appears in the computerized list;
(ii) only voters who are not registered or
who are not eligible to vote are removed from
the computerized list; and
(iii) duplicate names are eliminated from
the computerized list.
(4) Technological security of computerized list.--The
appropriate State or local official shall provide adequate
technological security measures to prevent the unauthorized
access to the computerized list established under this section.
(5) Interaction with federal information.--
(A) Access to federal information.--
(i) In general.--Notwithstanding any other
provision of law, the Commissioner of Social
Security shall provide, upon request from a
State or locality maintaining a computerized
centralized list implemented under paragraph
(1), only such information as is necessary to
determine the eligibility of an individual to
vote in such State or locality under the law of
the State. Any State or locality that receives
information under this clause may only share
such information with election officials.
(ii) Procedure.--The information under
clause (i) shall be provided in such place and
such manner as the Commissioner determines
appropriate to protect and prevent the misuse
of information.
(B) Applicable information.--For purposes of this
subsection, the term ``applicable information'' means
information regarding whether--
(i) the name and social security number of
an individual provided to the Commissioner
match the information contained in the
Commissioner's records; and
(ii) such individual is shown on the
records of the Commissioner as being deceased.
(C) Exception.--Subparagraph (A) shall not apply to
any request for a record of an individual if the
Commissioner determines there are exceptional
circumstances warranting an exception (such as safety
of the individual or interference with an
investigation).
(b) Requirements for Voters Who Register by Mail.--
(1) In general.--Notwithstanding section 6(c) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c))
and subject to paragraph (3), a State shall require an
individual to meet the requirements of paragraph (2) if--
(A) the individual registered to vote in a
jurisdiction by mail; and
(B)(i) the individual has not previously voted in
an election for Federal office in the State; or
(ii) the individual has not previously voted in
such an election in the jurisdiction and the
jurisdiction is located in a State that does not have a
computerized list that complies with the requirements
of section 103(a).
(2) Requirements.--
(A) In general.--An individual meets the
requirements of this paragraph if the individual--
(i) in the case of an individual who votes
in person--
(I) presents to the appropriate
State or local election official a
current and valid photo identification;
or
(II) presents to the appropriate
State or local election official a copy
of a current utility bill, bank
statement, Government check, paycheck,
or other Government document that shows
the name and address of the voter; or
(ii) in the case of an individual who votes
by mail, submits with the ballot--
(I) a copy of a current and valid
photo identification; or
(II) a copy of a current utility
bill, bank statement, Government check,
paycheck, or other Government document
that shows the name and address of the
voter.
(B) Fail-safe voting.--
(i) In person.--An individual who desires
to vote in person, but who does not meet the
requirements of subparagraph (A)(i), may cast a
provisional ballot under section 102(a).
(ii) By mail.--An individual who desires to
vote by mail but who does not meet the
requirements of subparagraph (A)(ii) may cast
such a ballot by mail and the ballot shall be
counted as a provisional ballot in accordance
with section 102(a).
(3) Inapplicability.--Paragraph (1) shall not apply in the
case of a person--
(A) who registers to vote by mail under section 6
of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-4) and submits as part of such
registration either--
(i) a copy of a current valid photo
identification; or
(ii) a copy of a current utility bill, bank
statement, Government check, paycheck, or
Government document that shows the name and
address of the voter;
(B)(i) who registers to vote by mail under section
6 of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-4) and submits with such registration
either--
(I) a driver's license number; or
(II) at least the last 4 digits of the
individual's social security number; and
(ii) with respect to whom a State or local election
official certifies that the information submitted under
clause (i) matches an existing State identification
record bearing the same number, name and date of birth
as provided in such registration; or
(C) who is--
(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1 et
seq.);
(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee-
1(b)(2)(B)(ii)); or
(iii) entitled to vote otherwise than in
person under any other Federal law.
(4) Contents of mail-in registration form.--The mail voter
registration form developed under section 6 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) shall
include:
(A) The question ``Are you a citizen of the United
States of America?'' and boxes for the applicant to
check to indicate whether the applicant is or is not a
citizen of the United States.
(B) The question ``Will you be 18 years of age on
or before election day?'' and boxes for the applicant
to check to indicate whether or not the applicant will
be 18 or older on election day.
(C) The statement ``If you checked `no' in response
to either of these questions, do not complete this
form''.
(5) Construction.--Nothing in this subsection shall be
construed to require a State that was not required to comply
with a provision of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg et seq.) before the date of enactment of this
Act to comply with such a provision after such date.
(c) Administration by the Civil Rights Division.--Not later than
October 1, 2003, the Assistant Attorney General in charge of the Civil
Rights Division of the Department of Justice shall promulgate such
guidelines as are necessary to implement the requirements of subsection
(a).
(d) Effective Date.--
(1) Computerized statewide voter registration list
requirements.--Each State and locality shall be required to
comply with the requirements of subsection (a) on and after
January 1, 2004.
(2) Requirement for voters who register by mail.--
(A) In general.--Each State and locality shall be
required to comply with the requirements of subsection
(b) on and after January 1, 2004, and shall be prepared
to receive registration materials submitted by
individuals described in subparagraph (B) on and after
the date described in such subparagraph.
(B) Applicability with respect to individuals.--The
provisions of section (b) shall apply to any individual
who registers to vote on or after January 1, 2003.
SEC. 104. ENFORCEMENT BY THE CIVIL RIGHTS DIVISION OF THE DEPARTMENT OF
JUSTICE.
(a) In General.--Subject to subsection (b), the Attorney General,
acting through the Assistant Attorney General in charge of the Civil
Rights Division of the Department of Justice, may bring a civil action
in an appropriate district court for such declaratory or injunctive
relief as may be necessary to carry out this title.
(b) Safe Harbor.--
(1) In general.--Except as provided in paragraph (2), if a
State or locality receives funds under a grant program under
subtitle A or B of title II for the purpose of meeting a
requirement under section 101, 102, or 103, such State or
locality shall be deemed to be in compliance with such
requirement until January 1, 2010, and no action may be brought
under this Act against such State or locality on the basis that
the State or locality is not in compliance with such
requirement before such date.
(2) Exception.--The safe harbor provision under paragraph
(1) shall not apply with respect to the requirement described
in section 101(a)(3).
(c) Relation to Other Laws.--The remedies established by this
section are in addition to all other rights and remedies provided by
law.
SEC. 105. MINIMUM STANDARDS.
The requirements established by this title are minimum requirements
and nothing in this title shall be construed to prevent a State from
establishing election technology and administration requirements, that
are more strict than the requirements established under this title, so
long as such State requirements are not inconsistent with the Federal
requirements under this title or any law described in section 509.
TITLE II--GRANT PROGRAMS
Subtitle A--Uniform and Nondiscriminatory Election Technology and
Administration Requirements Grant Program
SEC. 201. ESTABLISHMENT OF THE UNIFORM AND NONDISCRIMINATORY ELECTION
TECHNOLOGY AND ADMINISTRATION REQUIREMENTS GRANT PROGRAM.
(a) In General.--There is established a Uniform and
Nondiscriminatory Election Technology and Administration Requirements
Grant Program under which the Attorney General, subject to the general
policies and criteria for the approval of applications established
under section 204 and in consultation with the Federal Election
Commission and the Architectural and Transportation Barriers Compliance
Board (as established under section 502 of the Rehabilitation Act of
1973 (29 U.S.C. 792)), is authorized to make grants to States and
localities to pay the costs of the activities described in section 205.
(b) Action Through Office of Justice Programs and Civil Rights
Division.--In carrying out this subtitle, the Attorney General shall
act through the Assistant Attorney General in charge of the Office of
Justice Programs of the Department of Justice and the Assistant
Attorney General in charge of the Civil Rights Division of that
Department.
SEC. 202. STATE PLANS.
(a) In General.--Each State that desires to receive a grant under
this subtitle shall develop a State plan, in consultation with State
and local election officials of that State, that provides for each of
the following:
(1) Uniform and nondiscriminatory election technology and
administration requirements.--A description of how the State
will use the funds made available under this subtitle to meet
each of the following requirements:
(A) The voting system standards under section 101.
(B) The provisional voting requirements under
section 102.
(C) The computerized statewide voter registration
list requirements under section 103(a), including a
description of--
(i) how State and local election officials
will ensure the accuracy of the list of
eligible voters in the State to ensure that
only registered voters appear in such list; and
(ii) the precautions that the State will
take to prevent the removal of eligible voters
from the list.
(D) The requirements for voters who register by
mail under section 103(b), including the steps that the
State will take to ensure--
(i) the accuracy of mail-in and absentee
ballots; and
(ii) that the use of mail-in and absentee
ballots does not result in duplicate votes.
(2) Identification, deterrence, and investigation of voting
fraud.--An assessment of the susceptibility of elections for
Federal office in the State to voting fraud and a description
of how the State intends to identify, deter, and investigate
such fraud.
(3) Compliance with existing federal law.--Assurances that
the State will comply with existing Federal laws, as such laws
relate to the provisions of this Act, including the following:
(A) The Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.), including sections 4(f)(4) and 203 of such
Act (42 U.S.C. 1973b(f)(4) and 1973aa-1a).
(B) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(C) The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.).
(D) The National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.).
(E) The Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.).
(4) Timetable.--A timetable for meeting the elements of the
State plan.
(b) Availability of State Plans for Review and Comment.--A State
shall make the State plan developed under subsection (a) available for
public review and comment before the submission of an application under
section 203(a).
SEC. 203. APPLICATION.
(a) In General.--Each State or locality that desires to receive a
grant under this subtitle shall submit an application to the Attorney
General at such time and in such manner as the Attorney General may
require, and containing the information required under subsection (b)
and such other information as the Attorney General may require.
(b) Contents.--
(1) States.--Each application submitted by a State shall
contain the State plan developed under section 202 and a
description of how the State proposes to use funds made
available under this subtitle to implement such State plan.
(2) Localities.--Each application submitted by a locality
shall contain a description of how the locality proposes to use
the funds made available under this subtitle in a manner that
is consistent with the State plan developed under section 202.
(c) Safe Harbor.--No action may be brought under this Act against a
State or locality on the basis of any information contained in the
application submitted under subsection (a), including any information
contained in the State plan developed under section 202.
SEC. 204. APPROVAL OF APPLICATIONS.
The Attorney General shall establish general policies and criteria
with respect to the approval of applications submitted by States and
localities under section 203(a) (including a review of State plans
developed under section 202), the awarding of grants under this
subtitle, and the use of assistance made available under this subtitle.
SEC. 205. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received under this
subtitle for any of the following purposes:
(1) To implement voting system standards that meet the
requirements of section 101.
(2) To provide for provisional voting that meets the
requirements of section 102(a) and to meet the voting
information requirements under section 102(b).
(3) To establish a computerized statewide voter
registration list that meets the requirements of section 103(a)
and to meet the requirements for voters who register by mail
under section 103(b).
SEC. 206. PAYMENTS.
(a) Payments .--
(1) In general.--Subject to paragraph (2), the Attorney
General shall pay to each State having an application approved
under section 203 the cost of the activities described in that
application.
(2) Initial payment amount.--The Attorney General shall pay
to each State that submits an application under section 203 an
amount equal to 0.5 percent of the amount appropriated under
section 209 for the fiscal year during which such application
is submitted to be used by such State for the activities
authorized under section 205.
(b) Retroactive Payments.-- The Attorney General may make
retroactive payments to States and localities having an application
approved under section 203 for any costs for election technology or
administration that meets a requirement of section 101, 102, or 103
that were incurred during the period beginning on January 1, 2001, and
ending on the date on which such application was approved under such
section. A State or locality that is engaged in a multi-year contract
entered into prior to January 1, 2001, is eligible to apply for a grant
under section 203 for payments made on or after January 1, 2001,
pursuant to that contract.
(c) Protection and Advocacy Systems.--
(1) In general.--In addition to any other payments made
under this section, the Attorney General shall pay the
protection and advocacy system (as defined in section 102 of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15002)) of each State to ensure full
participation in the electoral process for individuals with
disabilities, including registering to vote, casting a vote and
accessing polling places. In providing such services,
protection and advocacy systems shall have the same general
authorities as they are afforded under part C of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15041 et seq.).
(2) Minimum grant amount.--The minimum amount of each grant
to a protection and advocacy system shall be determined and
allocated as set forth in subsections (c)(3), (c)(4), (c)(5),
(e), and (g) of section 509 of the Rehabilitation Act of 1973
(29 U.S.C. 794e), except that the amount of the grants to
systems referred to in subsections (c)(3)(B) and (c)(4)(B) of
that section shall be not less than $70,000 and $35,000,
respectively.
SEC. 207. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
(a) Recordkeeping Requirement.--Each recipient of a grant under
this subtitle shall keep such records as the Attorney General, in
consultation with the Federal Election Commission, shall prescribe.
(b) Audits and Examinations.--The Attorney General and the
Comptroller General, or any authorized representative of the Attorney
General or the Comptroller General, may audit or examine any recipient
of a grant under this subtitle and shall, for the purpose of conducting
an audit or examination, have access to any record of a recipient of a
grant under this subtitle that the Attorney General or the Comptroller
General determines may be related to the grant.
SEC. 208. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
(a) Reports to Congress.--
(1) In general.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the
President and Congress a report on the grant program
established under this subtitle for the preceding year.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the following:
(A) A description and analysis of any activities
funded by a grant awarded under this subtitle.
(B) Any recommendation for legislative or
administrative action that the Attorney General
considers appropriate.
(b) Reports to the Attorney General.--The Attorney General shall
require each recipient of a grant under this subtitle to submit reports
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General considers appropriate.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out the provisions of this subtitle the following amounts:
(1) For fiscal year 2003, $1,000,000,000.
(2) For fiscal year 2004, $1,300,000,000.
(3) For fiscal year 2005, $500,000,000.
(4) For fiscal year 2006, $200,000,000.
(5) For each subsequent fiscal year, such sums as may be
necessary.
(b) Protection and Advocacy Systems.--In addition to any other
amounts authorized to be appropriated under this section, there are
authorized to be appropriated $10,000,000 for each of the fiscal years
2003, 2004, 2005, and 2006, and for each subsequent fiscal year such
sums as may be necessary, for the purpose of making payments under
section 206(c): Provided, That none of the funds provided by this
subsection shall be used to commence any litigation related to
election-related disability access; notwithstanding the general
authorities of the protection and advocacy systems are otherwise
afforded under part C of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(c) Availability.--Any amounts appropriated pursuant to the
authority of this section shall remain available until expended.
SEC. 210. EFFECTIVE DATE.
The Attorney General shall establish the general policies and
criteria for the approval of applications under section 204 in a manner
that ensures that the Attorney General is able to approve applications
not later than October 1, 2002.
Subtitle B--Federal Election Reform Incentive Grant Program
SEC. 211. ESTABLISHMENT OF THE FEDERAL ELECTION REFORM INCENTIVE GRANT
PROGRAM.
(a) In General.--There is established a Federal Election Reform
Incentive Grant Program under which the Attorney General, subject to
the general policies and criteria for the approval of applications
established under section 213(a) and in consultation with the Federal
Election Commission and the Architectural and Transportation Barriers
Compliance Board (as established under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792)), is authorized to make
grants to States and localities to pay the costs of the activities
described in section 214.
(b) Action Through Office of Justice Programs and Civil Rights
Division.--In carrying out this subtitle, the Attorney General shall
act through--
(1) the Assistant Attorney General in charge of the Office
of Justice Programs of the Department of Justice; and
(2) the Assistant Attorney General in charge of the Civil
Rights Division of the Department of Justice (in this subtitle
referred to as the ``Assistant Attorney General for Civil
Rights'').
SEC. 212. APPLICATION.
(a) In General.--Each State or locality that desires to receive a
grant under this subtitle shall submit an application to the Attorney
General at such time, in such manner, and containing such information
as the Attorney General shall require, consistent with the provisions
of this section.
(b) Contents.--Each application submitted under subsection (a)
shall--
(1) describe the activities for which assistance under this
section is sought;
(2) contain a request for certification by the Assistant
Attorney General for Civil Rights described in subsection (c);
(3) provide assurances that the State or locality will pay
the non-Federal share of the cost of the activities for which
assistance is sought from non-Federal sources; and
(4) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this subtitle.
(c) Request for Certification by the Civil Rights Division.--
(1) Compliance with current federal election law.--
(A) In general.--Except as provided in subparagraph
(B), each request for certification described in
subsection (b)(2) shall contain a specific and detailed
demonstration that the State or locality is in
compliance with each of the following laws, as such
laws relate to the provisions of this Act:
(i) The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.), including sections
4(f)(4) and 203 of such Act (42 U.S.C.
1973b(f)(4) and 1973aa-1a).
(ii) The Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee
et seq.).
(iii) The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.).
(iv) The National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.).
(v) The Americans with Disabilities Act of
1990 (42 U.S.C. 1994 et seq.).
(vi) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(B) Applicants unable to meet requirements.--Each
State or locality that, at the time it applies for a
grant under this subtitle, does not demonstrate that it
meets each requirement described in subparagraph (A),
shall submit to the Attorney General a detailed and
specific demonstration of how the State or locality
intends to use grant funds to meet each such
requirement.
(2) Uniform and nondiscriminatory requirements for election
technology and administration.--In addition to the
demonstration required under paragraph (1), each request for
certification described in subsection (b)(2) shall contain a
specific and detailed demonstration that the proposed use of
grant funds by the State or locality is not inconsistent with
the requirements under section 101, 102, or 103.
(d) Safe Harbor.--No action may be brought under this Act against a
State or locality on the basis of any information contained in the
application submitted under subsection (a), including any information
contained in the request for certification described in subsection (c).
SEC. 213. APPROVAL OF APPLICATIONS.
(a) In General.--Subject to subsection (b), the Attorney General
shall establish general policies and criteria for the approval of
applications submitted under section 212(a).
(b) Certification Procedure.--
(1) In general.--The Attorney General may not approve an
application of a State or locality submitted under section
212(a) unless the Attorney General has received a certification
from the Assistant Attorney General for Civil Rights under
paragraph (4) with respect to such State or locality.
(2) Transmittal of request.--Upon receipt of the request
for certification submitted under section 212(b)(2), the
Attorney General shall transmit such request to the Assistant
Attorney General for Civil Rights.
(3) Certification; noncertification.--
(A) Certification.--If the Assistant Attorney
General for Civil Rights finds that the request for
certification demonstrates that--
(i) a State or locality meets the
requirements of subparagraph (A) of section
212(c)(1), or that a State or locality has
provided a detailed and specific demonstration
of how it will use funds received under this
section to meet such requirements under
subparagraph (B) of such section; and
(ii) the proposed use of grant funds by the
State or locality meets the requirements of
section 212(c)(2),
the Assistant Attorney General for Civil Rights shall
certify that the State or locality is eligible to
receive a grant under this subtitle.
(B) Noncertification.--If the Assistant Attorney
General for Civil Rights finds that the request for
certification does not demonstrate that a State or
locality meets the requirements described in
subparagraph (A), the Assistant Attorney General for
Civil Rights shall not certify that the State or
locality is eligible to receive a grant under this
subtitle.
(4) Transmittal of certification.--The Assistant Attorney
General for Civil Rights shall transmit to the Attorney General
either--
(A) a certification under subparagraph (A) of
paragraph (3); or
(B) a notice of noncertification under subparagraph
(B) of such paragraph, together with a report
identifying the relevant deficiencies in the State's or
locality's system for voting or administering elections
for Federal office or in the request for certification
submitted by the State or locality.
SEC. 214. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received under this
subtitle--
(1) to improve, acquire, lease, modify, or replace voting
systems and technology and to improve the accessibility of
polling places, including providing physical access for
individuals with disabilities, providing nonvisual access for
individuals with visual impairments, and providing assistance
to individuals with limited proficiency in the English
language;
(2) to implement new election administration procedures to
increase voter participation and to reduce disenfranchisement,
such as ``same-day'' voter registration procedures;
(3) to educate voters concerning voting procedures, voting
rights or voting technology, and to train election officials,
poll workers, and election volunteers;
(4) to implement new election administration procedures
such as requiring individuals to present identification at the
polls and programs to identify, to deter, and to investigate
voting fraud and to refer allegations of voting fraud to the
appropriate authority;
(5) to meet the requirements of current Federal election
law in accordance with the demonstration submitted under
section 212(c)(1)(B) of such section;
(6) to establish toll-free telephone hotlines that voters
may use to report possible voting fraud and voting rights
violations and general election information; or
(7) to meet the requirements under section 101, 102, or
103.
SEC. 215. PAYMENTS; FEDERAL SHARE.
(a) Payments.--
(1) In general.--Subject to paragraph (2), the Attorney
General shall pay to each State or locality having an
application approved under section 213 the Federal share of the
costs of the activities described in that application.
(2) Initial payment amount.--The Attorney General shall pay
to each State that submits an application under section 212 an
amount equal to 0.5 percent of the amount appropriated under
section 218 for the fiscal year in which such application is
submitted to be used by such State for the activities
authorized under section 214.
(3) Retroactive payments.--The Attorney General may make
retroactive payments to States and localities having an
application approved under section 213 for the Federal share of
any costs for election technology or administration that meets
the requirements of sections 101, 102, and 103 that were
incurred during the period beginning on January 1, 2001, and
ending on the date on which such application was approved under
such section.
(b) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the costs shall be a percentage determined by
the Attorney General that does not exceed 80 percent.
(2) Exception.--The Attorney General may provide for a
Federal share of greater than 80 percent of the costs for a
State or locality if the Attorney General determines that such
greater percentage is necessary due to the lack of resources of
the State or locality.
SEC. 216. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
(a) Recordkeeping Requirement.--Each recipient of a grant under
this subtitle shall keep such records as the Attorney General, in
consultation with the Federal Election Commission, shall prescribe.
(b) Audits and Examinations.--The Attorney General and the
Comptroller General, or any authorized representative of the Attorney
General or the Comptroller General, may audit or examine any recipient
of a grant under this subtitle and shall, for the purpose of conducting
an audit or examination, have access to any record of a recipient of a
grant under this subtitle that the Attorney General or the Comptroller
General determines may be related to the grant.
(c) Other Audits.--If the Assistant Attorney General for Civil
Rights has certified a State or locality as eligible to receive a grant
under this subtitle in order to meet a certification requirement
described in section 212(c)(1)(A) (as permitted under section 214(5))
and such State or locality is a recipient of such a grant, such
Assistant Attorney General, in consultation with the Federal Election
Commission shall--
(1) audit such recipient to ensure that the recipient has
achieved, or is achieving, compliance with the certification
requirements described in section 212(c)(1)(A); and
(2) have access to any record of the recipient that the
Attorney General determines may be related to such a grant for
the purpose of conducting such an audit.
SEC. 217. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
(a) Reports to Congress.--
(1) In general.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the
President and Congress a report on the grant program
established under this subtitle for the preceding year.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the following:
(A) A description and analysis of any activities
funded by a grant awarded under this subtitle.
(B) Any recommendation for legislative or
administrative action that the Attorney General
considers appropriate.
(b) Reports to the Attorney General.--The Attorney General shall
require each recipient of a grant under this subtitle to submit reports
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General considers appropriate.
SEC. 218. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$400,000,000 for fiscal year 2002 to carry out the provisions of this
subtitle.
(b) Availability.--Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without fiscal year
limitation until expended.
SEC. 219. EFFECTIVE DATE.
The Attorney General shall establish the general policies and
criteria for the approval of applications under section 213(a) in a
manner that ensures that the Attorney General is able to approve
applications not later than October 1, 2002.
Subtitle C--Federal Election Accessibility Grant Program
SEC. 221. ESTABLISHMENT OF THE FEDERAL ELECTION ACCESSIBILITY GRANT
PROGRAM.
(a) In General.--There is established a Federal Election
Accessibility Grant Program under which the Attorney General, subject
to the general policies and criteria for the approval of applications
established under section 223 by the Architectural and Transportation
Barriers Compliance Board (as established under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792)) (in this subtitle referred
to as the ``Access Board''), is authorized to make grants to States and
localities to pay the costs of the activities described in section 224.
(b) Action Through Office of Justice Programs and Civil Rights
Division.--In carrying out this subtitle, the Attorney General shall
act through--
(1) the Assistant Attorney General in charge of the Office
of Justice Programs of the Department of Justice; and
(2) the Assistant Attorney General in charge of the Civil
Rights Division of that Department.
SEC. 222. APPLICATION.
(a) In General.--Each State or locality that desires to receive a
grant under this subtitle shall submit an application to the Attorney
General at such time, in such manner, and containing such information
as the Attorney General shall require, consistent with the provisions
of this section.
(b) Contents.--Each application submitted under subsection (a)
shall--
(1) describe the activities for which assistance under this
section is sought;
(2) provide assurances that the State or locality will pay
the non-Federal share of the cost of the activities for which
assistance is sought from non-Federal sources; and
(3) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this subtitle.
(c) Relation to Federal Election Reform Incentive Grant Program.--A
State or locality that desires to do so may submit an application under
this section as part of any application submitted under section 212(a).
(d) Safe Harbor.--No action may be brought under this Act against a
State or locality on the basis of any information contained in the
application submitted under subsection (a).
SEC. 223. APPROVAL OF APPLICATIONS.
The Access Board shall establish general policies and criteria for
the approval of applications submitted under section 222(a).
SEC. 224. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received under this
subtitle--
(1) to make polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
(2) to provide individuals with disabilities and the other
individuals described in paragraph (1) with information about
the accessibility of polling places, including outreach
programs to inform the individuals about the availability of
accessible polling places and to train election officials, poll
workers, and election volunteers on how best to promote the
access and participation of the individuals in elections for
Federal office.
SEC. 225. PAYMENTS; FEDERAL SHARE.
(a) Payments.--
(1) In general.--Subject to paragraph (2), the Attorney
General shall pay to each State or locality having an
application approved under section 223 the Federal share of the
costs of the activities described in that application.
(2) Initial payment amount.--The Attorney General shall pay
to each State that submits an application under section 222 an
amount equal to 0.5 percent of the amount appropriated under
section 228 for the fiscal year in which such application is
submitted to be used by such State for the activities
authorized under section 224.
(b) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the costs shall be a percentage determined by
the Attorney General that does not exceed 80 percent.
(2) Exception.--The Attorney General may provide for a
Federal share of greater than 80 percent of the costs for a
State or locality if the Attorney General determines that such
greater percentage is necessary due to the lack of resources of
the State or locality.
SEC. 226. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
(a) Recordkeeping Requirement.--Each recipient of a grant under
this subtitle shall keep such records as the Attorney General, in
consultation with the Access Board, shall prescribe.
(b) Audits and Examinations.--The Attorney General and the
Comptroller General, or any authorized representative of the Attorney
General or the Comptroller General, may audit or examine any recipient
of a grant under this subtitle and shall, for the purpose of conducting
an audit or examination, have access to any record of a recipient of a
grant under this subtitle that the Attorney General or the Comptroller
General determines may be related to the grant.
SEC. 227. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
(a) Reports to Congress.--
(1) In general.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the
President and Congress a report on the grant program
established under this subtitle for the preceding year.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the following:
(A) A description and analysis of any activities
funded by a grant awarded under this subtitle.
(B) Any recommendation for legislative or
administrative action that the Attorney General
considers appropriate.
(b) Reports to the Attorney General.--The Attorney General shall
require each recipient of a grant under this subtitle to submit reports
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General considers appropriate.
SEC. 228. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$100,000,000 for fiscal year 2002 to carry out the provisions of this
subtitle.
(b) Availability.--Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without fiscal year
limitation until expended.
SEC. 229. EFFECTIVE DATE.
The Access Board shall establish the general policies and criteria
for the approval of applications under section 223 in a manner that
ensures that the Attorney General is able to approve applications not
later than October 1, 2002.
Subtitle D--National Student/Parent Mock Election
SEC. 231. NATIONAL STUDENT/PARENT MOCK ELECTION.
(a) In General.--The Election Administration Commission is
authorized to award grants to the National Student/Parent Mock
Election, a national nonprofit, nonpartisan organization that works to
promote voter participation in American elections to enable it to carry
out voter education activities for students and their parents. Such
activities may--
(1) include simulated national elections at least 5 days
before the actual election that permit participation by
students and parents from each of the 50 States in the United
States, its territories, the District of Columbia, and United
States schools overseas; and
(2) consist of--
(A) school forums and local cable call-in shows on
the national issues to be voted upon in an ``issues
forum'';
(B) speeches and debates before students and
parents by local candidates or stand-ins for such
candidates;
(C) quiz team competitions, mock press conferences,
and speech writing competitions;
(D) weekly meetings to follow the course of the
campaign; or
(E) school and neighborhood campaigns to increase
voter turnout, including newsletters, posters,
telephone chains, and transportation.
(b) Requirement.--The National Student/Parent Mock Election shall
present awards to outstanding student and parent mock election
projects.
SEC. 232. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the provisions
of this subtitle $650,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years.
TITLE III--ADMINISTRATION
Subtitle A--Election Administration Commission
SEC. 301. ESTABLISHMENT OF THE ELECTION ADMINISTRATION COMMISSION.
There is established the Election Administration Commission (in
this subtitle referred to as the ``Commission'') as an independent
establishment (as defined in section 104 of title 5, United States
Code).
SEC. 302. MEMBERSHIP OF THE COMMISSION.
(a) Number and Appointment.--
(1) Composition.--The Commission shall be composed of 4
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Recommendations.--Before the initial appointment of the
members of the Commission and before the appointment of any
individual to fill a vacancy on the Commission, the Majority
Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives shall each
submit to the President a candidate recommendation with respect
to each vacancy on the Commission affiliated with the political
party of the officer involved.
(b) Qualifications.--
(1) In general.--Each member appointed under subsection (a)
shall be appointed on the basis of--
(A) knowledge of--
(i) and experience with, election law;
(ii) and experience with, election
technology;
(iii) and experience with, Federal, State,
or local election administration;
(iv) the Constitution; or
(v) the history of the United States; and
(B) integrity, impartiality, and good judgment.
(2) Party affiliation.--Not more than 2 of the 4 members
appointed under subsection (a) may be affiliated with the same
political party.
(3) Federal officers and employees.--Members appointed
under subsection (a) shall be individuals who, at the time
appointed to the Commission, are not elected or appointed
officers or employees of the Federal Government.
(4) Other activities.--No member appointed to the
Commission under subsection (a) may engage in any other
business, vocation, or employment while serving as a member of
the Commission and shall terminate or liquidate such business,
vocation, or employment not later than the date on which the
Commission first meets.
(c) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than the date that is 90 days after
the date of enactment of this Act.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--Members shall be appointed for
a term of 6 years, except that, of the members first appointed,
2 of the members who are not affiliated with the same political
party shall be appointed for a term of 4 years. Except as
provided in paragraph (2), a member may only serve 1 term.
(2) Vacancies.--
(A) In general.--A vacancy on the Commission shall
not affect its powers, but shall be filled in the
manner in which the original appointment was made. The
appointment made to fill the vacancy shall be subject
to any conditions which applied with respect to the
original appointment.
(B) Expired terms.--A member of the Commission may
serve on the Commission after the expiration of the
member's term until the successor of such member has
taken office as a member of the Commission.
(C) Unexpired terms.--An individual appointed to
fill a vacancy on the Commission occurring before the
expiration of the term for which the individual's
predecessor was appointed shall be appointed for the
unexpired term of the member replaced. Such individual
may be appointed to a full term in addition to the
unexpired term for which that individual is appointed.
(e) Chairperson; Vice Chairperson.--
(1) In general.--The Commission shall elect a chairperson
and vice chairperson from among its members for a term of 1
year.
(2) Number of terms.--A member of the Commission may serve
as the chairperson only twice during the term of office to
which such member is appointed.
(3) Political affiliation.--The chairperson and vice
chairperson may not be affiliated with the same political
party.
SEC. 303. DUTIES OF THE COMMISSION.
(a) In General.--The Commission--
(1) shall serve as a clearinghouse, gather information,
conduct studies, and issue reports concerning issues relating
to elections for Federal office;
(2) shall carry out the provisions of section 9 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7);
(3) shall make available information regarding the Federal
election system to the public and media;
(4) shall compile and make available to the public the
official certified results of elections for Federal office and
statistics regarding national voter registration and turnout;
(5) shall establish an Internet website to facilitate
public access, public comment, and public participation in the
activities of the Commission, and shall make all information on
such website available in print;
(6) shall conduct the study on election technology and
administration under subsection (b)(1) and submit the report
under subsection (b)(2); and
(7) beginning on the transition date (as defined in section
316(a)(2)), shall administer--
(A) the voting systems standards under section 101;
(B) the provisional voting requirements under
section 102;
(C) the computerized statewide voter registration
list requirements and requirements for voters who
register by mail under section 103;
(D) the Uniform and Nondiscriminatory Election
Technology and Administration Requirements Grant
Program under subtitle A of title II;
(E) the Federal Election Reform Incentive Grant
Program under subtitle C of title II; and
(F) the Federal Election Accessibility Grant
Program under subtitle B of title II.
(b) Studies and Reports on Election Technology and
Administration.--
(1) Study of first time voters who register by mail.--
(A) Study.--
(i) In general.--The Commission shall
conduct a study of the impact of section 103(b)
on voters who register by mail.
(ii) Specific issues studied.--The study
conducted under clause (i) shall include--
(I) an examination of the impact of
section 103(b) on first time mail
registrant voters who vote in person,
including the impact of such section on
voter registration;
(II) an examination of the impact
of such section on the accuracy of
voter rolls, including preventing
ineligible names from being placed on
voter rolls and ensuring that all
eligible names are placed on voter
rolls; and
(III) an analysis of the impact of
such section on existing State
practices, such as the use of signature
verification or attestation procedures
to verify the identity of voters in
elections for Federal office, and an
analysis of other changes that may be
made to improve the voter registration
process, such as verification or
additional information on the
registration card.
(B) Report.--Not later than 18 months after the
date on which section 103(b)(2)(A) takes effect, the
Commission shall submit a report to the President and
Congress on the study conducted under subparagraph
(A)(i) together with such recommendations for
administrative and legislative action as the Commission
determines is appropriate.
(2) Studies.--The Commission shall conduct periodic studies
of--
(A) methods of election technology and voting
systems in elections for Federal office, including the
over-vote and under-vote notification capabilities of
such technology and systems;
(B) ballot designs for elections for Federal
office;
(C) methods of ensuring the accessibility of
voting, registration, polling places, and voting
equipment to all voters, including blind and disabled
voters, and voters with limited proficiency in the
English language;
(D) nationwide statistics and methods of
identifying, deterring, and investigating voting fraud
in elections for Federal office;
(E) methods of voter intimidation;
(F) the recruitment and training of poll workers;
(G) the feasibility and advisability of conducting
elections for Federal office on different days, at
different places, and during different hours, including
the advisability of establishing a uniform poll closing
time and establishing election day as a Federal
holiday;
(H) ways that the Federal Government can best
assist State and local authorities to improve the
administration of elections for Federal office and what
levels of funding would be necessary to provide such
assistance;
(I)(i) the laws and procedures used by each State
that govern--
(I) recounts of ballots cast in elections
for Federal office;
(II) contests of determinations regarding
whether votes are counted in such elections;
and
(III) standards that define what will
constitute a vote on each type of voting
equipment used in the State to conduct
elections for Federal office;
(ii) the best practices (as identified by the
Commission) that are used by States with respect to the
recounts and contests described in clause (i); and
(iii) whether or not there is a need for more
consistency among State recount and contest procedures
used with respect to elections for Federal office;
(J) such other matters as the Commission determines
are appropriate; and
(K) the technical feasibility of providing voting
materials in 8 or more languages for voters who speak
those languages and who are limited English proficient.
(3) Reports.--The Commission shall submit to the President
and Congress a report on each study conducted under paragraph
(2) together with such recommendations for administrative and
legislative action as the Commission determines is appropriate.
SEC. 304. MEETINGS OF THE COMMISSION.
The Commission shall meet at the call of any member of the
Commission, but may not meet less often than monthly.
SEC. 305. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this subtitle hold such hearings, sit and act at such
times and places, take such testimony, receive such evidence,
administer such oaths as the Commission or such subcommittee or member
considers advisable.
(b) Voting.--
(1) In general.--Each action of the Commission shall be
approved by a majority vote of the members of the Commission
and each member of the Commission shall have 1 vote.
(2) Special rules.--
(A) Uniform and nondiscriminatory election
technology and administration requirements.--
(i) Adoption or revision of standards and
guidelines.--If standards or guidelines have
been promulgated under section 101, 102, or 103
as of the transition date (as defined in
section 316(a)(2)), not later than 30 days
after the transition date, the Commission
shall--
(I) adopt such standards or
guidelines by a majority vote of the
members of the Commission; or
(II) promulgate revisions to such
standards or guidelines and such
revisions shall take effect only upon
the approval of a majority of the
members of the Commission.
(ii) Establishment of standards and
guidelines.--
(I) If standards or guidelines have
not been promulgated under section 101,
102, or 103 as of the transition date
(as defined in section 316(a)(2)), the
Commission shall promulgate such
standards or guidelines not later than
the date described in subclause (II)
and such standards or guidelines shall
take effect only upon the approval of a
majority of the members of the
Commission.
(II) The date described this
subclause is the later of--
(aa) the date described in
section 101(c)(1), 102(c), or
103(c) (as applicable); or
(bb) the date that is 30
days after the transition date
(as defined in section
316(a)(2)).
(B) Grant programs.--
(i) Approval or denial.--The grants shall
be approved or denied under sections 204, 213,
and 223 by a majority vote of the members of
the Commission not later than the date that is
30 days after the date on which the application
is submitted to the Commission under section
203, 212, or 222.
(ii) Adoption or revision of general
policies and criteria.--If general policies and
criteria for the approval of applications have
been established under section 204, 213, or 223
as of the transition date (as defined in
section 316(a)(2)), not later than 30 days
after the transition date, the Commission
shall--
(I) adopt such general policies and
criteria by a majority vote of the
members of the Commission; or
(II) promulgate revisions to such
general policies and criteria and such
revisions shall take effect only upon
the approval of a majority of the
members of the Commission.
(iii) Establishment of general policies and
criteria.--
(I) If general policies and
criteria for the approval of
applications have been established
under section 204, 213, or 223 as of
the transition date (as defined in
section 316(a)(2)), the Commission
shall promulgate such general policies
and criteria not later than the date
described in subclause (II) and such
general policies and criteria shall
take effect only upon the approval of a
majority of the members of the
Commission.
(II) The date described this
subclause is the later of--
(aa) the date described in
section 101(c)(1), 102(c), or
103(c) (as applicable); or
(bb) the date that is 30
days after the transition date
(as defined in section
316(a)(2)).
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this subtitle. Upon request
of the Commission, the head of such department or agency shall furnish
such information to the Commission.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 306. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission shall
be compensated at the annual rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5, United States
Code.
(b) Staff.--
(1) Appointment and termination.--Subject to paragraph (2),
the Commission may, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, appoint and terminate an Executive
Director, a General Counsel, and such other personnel as may be
necessary to enable the Commission to perform its duties.
(2) Executive director; general counsel.--
(A) Appointment and termination.--The appointment
and termination of the Executive Director and General
Counsel under paragraph (1) shall be approved by a
majority of the members of the Commission.
(B) Initial appointment.--Beginning on the
transition date (as defined in section 316(a)(2)), the
Director of the Office of Election Administration of
the Federal Election Commission shall serve as the
Executive Director of the Commission until such date as
a successor is appointed under paragraph (1).
(C) Term.--The term of the Executive Director and
the General Counsel shall be for a period of 6 years.
An individual may not serve for more than 2 terms as
the Executive Director or the General Counsel. The
appointment of an individual with respect to each term
shall be approved by a majority of the members of the
Commission.
(D) Continuance in office.--Notwithstanding
subparagraph (C), the Executive Director and General
Counsel shall continue in office until a successor is
appointed under paragraph (1).
(3) Compensation.--The Commission may fix the compensation
of the Executive Director, General Counsel, and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the Executive Director, General Counsel, and other
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(c) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as may be necessary to carry out this subtitle.
Subtitle B--Transition Provisions
SEC. 311. EQUAL PROTECTION OF VOTING RIGHTS ACT OF 2001.
(a) Transfer of Certain Functions of Federal Election Commission.--
There are transferred to the Election Administration Commission
established under section 301 all functions of the Federal Election
Commission under section 101 and under subtitles A and B of title II
before the transition date (as defined in section 316(a)(2)).
(b) Transfer of Certain Functions of the Attorney General.--
(1) Title i functions.--There are transferred to the
Election Administration Commission established under section
301 all functions of the Assistant Attorney General in charge
of the Civil Rights Division of the Department of Justice under
sections 102 and 103 before the transition date (as defined in
section 316(a)(2)).
(2) Grantmaking Functions.--
(A) In general.--Except as provided in paragraph
(2), there are transferred to the Election
Administration Commission established under section 301
all functions of the Attorney General, the Assistant
Attorney General in charge of the Office of Justice
Programs of the Department of Justice, and the
Assistant Attorney General in charge of the Civil
Rights Division of the Department of Justice under
subtitles A, B, and C of title II before the transition
date (as defined in section 316(a)(2)).
(B) Exception.--The functions of the Attorney
General relating to the review of State plans under
section 204 and the certification requirements under
section 213 shall not be transferred under paragraph
(1).
(3) Enforcement.--The Attorney General shall remain
responsible for any enforcement action required under this Act,
including the enforcement of the voting systems standards
through the Assistant Attorney General in charge of the Civil
Rights Division of the Department of Justice under section 104
and the criminal penalties under section 502.
(c) Transfer of Certain Functions of the Access Board.--There are
transferred to the Election Administration Commission established under
section 301 all functions of the Architectural and Transportation
Barriers Compliance Board (as established under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792)) under section 101 and under
subtitles A, B, and C of title II before the transition date (as
defined in section 316(a)(2)), except that--
(1) the Architectural and Transportation Barriers
Compliance Board shall remain responsible under section 223 for
the general policies and criteria for the approval of
applications submitted under section 222(a); and
(2) in revising the voting systems standards under section
101(c)(2) the Commission shall consult with the Architectural
and Transportation Barriers Compliance Board.
SEC. 312. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Transfer of Functions of Office of Election Administration.--
There are transferred to the Election Administration Commission
established under section 301 all functions of the Director of the
Office of the Election Administration of the Federal Election
Commission before the transition date (as defined in section
316(a)(2)).
(b) Conforming Amendment.--Section 311(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) in paragraph (8), by inserting ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (10) and the second and third
sentences.
SEC. 313. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) Transfer of Functions.--There are transferred to the Election
Administration Commission established under section 301 all functions
of the Federal Election Commission under the National Voter
Registration Act of 1993 before the transition date (as defined in
section 316(a)(2)).
(b) Conforming Amendment.--For purposes of section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)), the
reference to the Federal Election Commission shall be deemed to be a
reference to the Election Administration Commission.
SEC. 314. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) Property and Records.--The contracts, liabilities, records,
property, and other assets and interests of, or made available in
connection with, the offices and functions of the Federal Election
Commission which are transferred by this subtitle are transferred to
the Election Administration Commission for appropriate allocation.
(b) Personnel.--The personnel employed in connection with the
offices and functions of the Federal Election Commission which are
transferred by this subtitle are transferred to the Election
Administration Commission.
SEC. 315. COVERAGE OF ELECTION ADMINISTRATION COMMISSION UNDER CERTAIN
LAWS AND PROGRAMS.
(a) Treatment of Commission Personnel Under Certain Civil Service
Laws.--
(1) Coverage under hatch act.--Section 7323(b)(2)(B)(i)(I)
of title 5, United States Code, is amended by inserting ``or
the Election Administration Commission'' after ``Commission''.
(2) Exclusion from senior executive service.--Section
3132(a)(1)(C) of title 5, United States Code, is amended by
inserting ``or the Election Administration Commission'' after
``Commission''.
(b) Coverage Under Inspector General Act of 1978.--Section 8G(a)(2)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by
inserting ``, the Election Administration Commission,'' after ``Federal
Election Commission,''.
SEC. 316. EFFECTIVE DATE; TRANSITION.
(a) Effective Date.--
(1) In general.--This subtitle and the amendments made by
this subtitle shall take effect on the transition date (as
defined in paragraph (2)).
(2) Transition date defined.--In this section, the term
``transition date'' means the earlier of--
(A) the date that is 1 year after the date of
enactment of this Act; or
(B) the date that is 60 days after the first date
on which all of the members of the Election
Administration Commission have been appointed under
section 302.
(b) Transition.--With the consent of the entity involved, the
Election Administration Commission is authorized to utilize the
services of such officers, employees, and other personnel of the
entities from which functions have been transferred to the Commission
under this title or the amendments made by this title for such period
of time as may reasonably be needed to facilitate the orderly transfer
of such functions.
Subtitle C--Advisory Committee on Electronic Voting and the Electoral
Process
SEC. 321. ESTABLISHMENT OF COMMITTEE.
(a) Establishment.--There is established the Advisory Committee on
Electronic Voting and the Electoral Process (in this subtitle referred
to as the ``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall be composed of 16
members as follows:
(A) Federal representatives.--Four representatives
of the Federal Government, comprised of the Attorney
General, the Secretary of Defense, the Director of the
Federal Bureau of Investigation, and the Chairman of
the Federal Election Commission, or an individual
designated by the respective representative.
(B) Internet representatives.--Four representatives
of the Internet and information technology industries
(at least 2 of whom shall represent a company that is
engaged in the provision of electronic voting services
on the date on which the representative is appointed,
and at least 2 of whom shall possess special expertise
in Internet or communications systems security).
(C) State and local representatives.--Four
representatives from State and local governments (2 of
whom shall be from States that have made preliminary
inquiries into the use of the Internet in the electoral
process).
(D) Private sector representatives.--Four
representatives not affiliated with the Government (2
of whom shall have expertise in election law, and 2 of
whom shall have expertise in political speech).
(2) Appointments.--Appointments to the Committee shall be
made not later than the date that is 30 days after the date of
enactment of this Act and such appointments shall be made in
the following manner:
(A) Senate majority leader.--Two individuals shall
be appointed by the Majority Leader of the Senate, of
whom 1 shall be an individual described in paragraph
(1)(B) and 1 shall be an individual described in
paragraph (1)(C).
(B) Senate minority leader.--Two individuals shall
be appointed by the Minority Leader of the Senate, of
whom 1 shall be an individual described in paragraph
(1)(B) and 1 shall be an individual described in
paragraph (1)(C).
(C) Speaker of the house.--Two individuals shall be
appointed by the Speaker of the House of
Representatives, of whom 1 shall be an individual
described in paragraph (1)(B) and 1 shall be an
individual described in paragraph (1)(C).
(D) House minority leader.--Two individuals shall
be appointed by the Minority Leader of the House of
Representatives, of whom 1 shall be an individual
described in paragraph (1)(B) and 1 shall be an
individual described in paragraph (1)(C).
(E) Senate majority and house minority jointly.--
Two individuals described in paragraph (1)(D) shall be
appointed jointly by the Majority Leader of the Senate
and the Minority Leader of the House of
Representatives.
(F) House majority and senate minority jointly.--
Two individuals described in paragraph (1)(D) shall be
appointed jointly by the Speaker of the House of
Representatives and the Minority Leader of the Senate.
(3) Date.--The appointments of the members of the Committee
shall be made not later than the date that is 30 days after the
date of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Committee. Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all of the members of the Committee have been appointed, the
Committee shall hold its first meeting.
(e) Meetings.--
(1) In general.--The Committee shall meet at the call of
the Chairperson or upon the written request of a majority of
the members of the Committee.
(2) Notice.--Not later than the date that is 14 days before
the date of each meeting of the Committee, the Chairperson
shall cause notice thereof to be published in the Federal
Register.
(3) Open meetings.--Each Committee meeting shall be open to
the public.
(f) Quorum.--Eight members of the Committee shall constitute a
quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The Committee shall select a Chairperson from
among its members by a majority vote of the members of the Committee.
(h) Additional Rules.--The Committee may adopt such other rules as
the Committee determines to be appropriate by a majority vote of the
members of the Committee.
SEC. 322. DUTIES OF THE COMMITTEE.
(a) Study.--
(1) In general.--The Committee shall conduct a thorough
study of issues and challenges, specifically to include the
potential for election fraud, presented by incorporating
communications and Internet technologies in the Federal, State,
and local electoral process.
(2) Issues to be studied.--The Committee may include in the
study conducted under paragraph (1) an examination of--
(A) the appropriate security measures required and
minimum standards for certification of systems or
technologies in order to minimize the potential for
fraud in voting or in the registration of qualified
citizens to register and vote;
(B) the possible methods, such as Internet or other
communications technologies, that may be utilized in
the electoral process, including the use of those
technologies to register voters and enable citizens to
vote online, and recommendations concerning statutes
and rules to be adopted in order to implement an online
or Internet system in the electoral process;
(C) the impact that new communications or Internet
technology systems for use in the electoral process
could have on voter participation rates, voter
education, public accessibility, potential external
influences during the elections process, voter privacy
and anonymity, and other issues related to the conduct
and administration of elections;
(D) whether other aspects of the electoral process,
such as public availability of candidate information
and citizen communication with candidates, could
benefit from the increased use of online or Internet
technologies;
(E) the requirements for authorization of
collection, storage, and processing of electronically
generated and transmitted digital messages to permit
any eligible person to register to vote or vote in an
election, including applying for and casting an
absentee ballot;
(F) the implementation cost of an online or
Internet voting or voter registration system and the
costs of elections after implementation (including a
comparison of total cost savings for the administration
of the electoral process by using Internet technologies
or systems);
(G) identification of current and foreseeable
online and Internet technologies for use in the
registration of voters, for voting, or for the purpose
of reducing election fraud, currently available or in
use by election authorities;
(H) the means by which to ensure and achieve equity
of access to online or Internet voting or voter
registration systems and address the fairness of such
systems to all citizens; and
(I) the impact of technology on the speed,
timeliness, and accuracy of vote counts in Federal,
State, and local elections.
(b) Report.--
(1) Transmission.--Not later than 20 months after the date
of enactment of this Act, the Committee shall transmit to
Congress and the Election Administration Commission established
under section 301, for the consideration of such bodies, a
report reflecting the results of the study required by
subsection (a), including such legislative recommendations or
model State laws as are required to address the findings of the
Committee.
(2) Approval of report.--Any finding or recommendation
included in the report shall be agreed to by at least \2/3\ of
the members of the Committee serving at the time the finding or
recommendation is made.
(3) Internet posting.--The Election Administration
Commission shall post the report transmitted under paragraph
(1) on the Internet website established under section
303(a)(5).
SEC. 323. POWERS OF THE COMMITTEE.
(a) Hearings.--
(1) In general.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out this subtitle.
(2) Opportunities to testify.--The Committee shall provide
opportunities for representatives of the general public, State
and local government officials, and other groups to testify at
hearings.
(b) Information From Federal Agencies.--The Committee may secure
directly from any Federal department or agency such information as the
Committee considers necessary to carry out this subtitle. Upon request
of the Chairperson of the Committee, the head of such department or
agency shall furnish such information to the Committee.
(c) Postal Services.--The Committee may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--
(1) In general.--The Committee may accept, use, and dispose
of gifts or donations of services or property.
(2) Unused gifts.--Gifts or grants not used at the
expiration of the Committee shall be returned to the donor or
grantor.
SEC. 324. COMMITTEE PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Committee shall
serve without compensation.
(b) Travel Expenses.--The members of the Committee shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Committee.
(c) Staff.--
(1) In general.--The Chairperson of the Committee may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Committee to perform its duties. The employment of an executive
director shall be subject to confirmation by the Committee.
(2) Compensation.--The Chairperson of the Committee may fix
the compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Committee who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of committee.--Subparagraph (A) shall
not be construed to apply to members of the Committee.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Committee without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Committee may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 325. TERMINATION OF THE COMMITTEE.
The Committee shall terminate 90 days after the date on which the
Committee transmits its report under section 322(b)(1).
SEC. 326. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this subtitle not less than $2,000,000 from the funds appropriated
under section 307.
(b) Availability.--Any sums appropriated under the authorization
contained in this subtitle shall remain available, without fiscal year
limitation, until expended.
TITLE IV--UNIFORMED SERVICES ELECTION REFORM
SEC. 401. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED
SERVICES VOTERS IN FEDERAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section
1606(a)(1) of the National Defense Authorization Act for Fiscal Year
2002 (Public Law 107-107; 115 Stat. 1278), is amended--
(1) by striking ``Each State'' and inserting ``(a) In
General.--Each State''; and
(2) by adding at the end the following:
``(b) Standards for Invalidation of Certain Ballots.--
``(1) In general.--A State may not refuse to count a ballot
submitted in an election for Federal office by an absent
uniformed services voter--
``(A) solely on the grounds that the ballot
lacked--
``(i) a notarized witness signature;
``(ii) an address (other than on a Federal
write-in absentee ballot, commonly known as
`SF186');
``(iii) a postmark if there are any other
indicia that the vote was cast in a timely
manner; or
``(iv) an overseas postmark; or
``(B) solely on the basis of a comparison of
signatures on ballots, envelopes, or registration forms
unless there is a lack of reasonable similarity between
the signatures.
``(2) No effect on filing deadlines under state law.--
Nothing in this subsection may be construed to affect the
application to ballots submitted by absent uniformed services
voters of any ballot submission deadline applicable under State
law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to ballots described in section 102(b) of the
Uniformed and Overseas Citizens Absentee Voting Act (as added by such
subsection) that are submitted with respect to elections that occur
after the date of enactment of this Act.
SEC. 402. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED UNIFORMED
SERVICES VOTERS TO THE POLLS.
(a) In General.--Section 102(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by
section 401(a) of this Act and section 1606(a)(1) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1278), is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(5) in addition to using the postcard form for the
purpose described in paragraph (4), accept and process any
otherwise valid voter registration application submitted by a
uniformed service voter for the purpose of voting in an
election for Federal office; and
``(6) permit each recently separated uniformed services
voter to vote in any election for which a voter registration
application has been accepted and processed under this section
if that voter--
``(A) has registered to vote under this section;
and
``(B) is eligible to vote in that election under
State law.''.
(b) Definitions.--Section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (10), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) The term `recently separated uniformed services
voter' means any individual who was a uniformed services voter
on the date that is 60 days before the date on which the
individual seeks to vote and who--
``(A) presents to the election official Department
of Defense form 214 evidencing their former status as
such a voter, or any other official proof of such
status;
``(B) is no longer such a voter; and
``(C) is otherwise qualified to vote in that
election.'';
(3) by redesignating paragraph (10) (as redesignated by
paragraph (1)) as paragraph (11); and
(4) by inserting after paragraph (9) the following new
paragraph:
``(10) The term `uniformed services voter' means--
``(A) a member of a uniformed service in active
service;
``(B) a member of the merchant marine; and
``(C) a spouse or dependent of a member referred to
in subparagraph (A) or (B) who is qualified to vote.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections for Federal office that occur after the
date of enactment of this Act.
SEC. 403. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATIONS ON GROUNDS OF EARLY SUBMISSION.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3), as amended by section 1606(b)
of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1279), is amended by adding at the end the
following new subsection:
``(e) Prohibition of Refusal of Applications on Grounds of Early
Submission.--A State may not refuse to accept or process, with respect
to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter during a year on the grounds that the voter
submitted the application before the first date on which the State
otherwise accepts or processes such applications for that year
submitted by absentee voters who are not members of the uniformed
services.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections for Federal office that occur after the
date of enactment of this Act.
SEC. 404. DISTRIBUTION OF FEDERAL MILITARY VOTER LAWS TO THE STATES.
Not later than the date that is 60 days after the date of enactment
of this Act, the Secretary of Defense (in this section referred to as
the ``Secretary''), as part of any voting assistance program conducted
by the Secretary, shall distribute to each State (as defined in section
107 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-6) enough copies of the Federal military voting laws (as
identified by the Secretary) so that the State is able to distribute a
copy of such laws to each jurisdiction of the State.
SEC. 405. EFFECTIVE DATES.
Notwithstanding the preceding provisions of this title, each
effective date otherwise provided under this title shall take effect 1
day after such effective date.
SEC. 406. STUDY AND REPORT ON PERMANENT REGISTRATION OF OVERSEAS
VOTERS; DISTRIBUTION OF OVERSEAS VOTING INFORMATION BY A
SINGLE STATE OFFICE; STUDY AND REPORT ON EXPANSION OF
SINGLE STATE OFFICE DUTIES.
(a) Study and Report on Permanent Registration of Overseas
Voters.--
(1) Study.--The Election Administration Commission
established under section 301 (in this subsection referred to
as the ``Commission''), shall conduct a study on the
feasibility and advisability of providing for permanent
registration of overseas voters under section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-3), as amended by section 1606(b) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1279) and this title.
(2) Report.--The Commission shall submit a report to
Congress on the study conducted under paragraph (1) together
with such recommendations for legislative and administrative
action as the Commission determines appropriate.
(b) Distribution of Overseas Voting Information by a Single State
Office.--Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1), as amended by section 1606(a)(1) of
the National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1278) and the preceding provisions of this title, is
amended by adding at the end the following new subsection:
``(c) Designation of Single State Office To Provide Information on
Registration and Absentee Ballot Procedures for All Voters in the
State.--Each State shall designate a single office which shall be
responsible for providing information regarding voter registration
procedures and absentee ballot procedures to be used by absent
uniformed services voters and overseas voters with respect to elections
for Federal office (including procedures relating to the use of the
Federal write-in absentee ballot) to all absent uniformed services
voters and overseas voters who wish to register to vote or vote in any
jurisdiction in the State.''.
(c) Study and Report on Expansion of Single State Office Duties.--
(1) Study.--The Election Administration Commission
established under section 301 (in this subsection referred to
as the ``Commission''), shall conduct a study on the
feasibility and advisability of making the State office
designated under section 102(c) of the Uniformed and Overseas
Citizens Absentee Voting Act (as added by subsection (b))
responsible for the acceptance of valid voter registration
applications, absentee ballot applications, and absentee
ballots (including Federal write-in absentee ballots) from each
absent uniformed services voter or overseas voter who wishes to
register to vote or vote in any jurisdiction in the State.
(2) Report.--The Commission shall submit a report to
Congress on the study conducted under paragraph (1) together
with such recommendations for legislative and administrative
action as the Commission determines appropriate.
SEC. 407. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER
GENERAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by the preceding
provisions of this title, is amended by adding at the end the following
new subsection:
``(d) Report on Number of Absentee Ballots Transmitted and
Received.--Not later than 120 days after the date of each regularly
scheduled general election for Federal office, each State and unit of
local government that administered the election shall (through the
State, in the case of a unit of local government) submit a report to
the Election Administration Commission (established under the Martin
Luther King, Jr. Equal Protection of Voting Rights Act of 2002) on the
number of absentee ballots transmitted to absent uniformed services
voters and overseas voters for the election and the number of such
ballots that were returned by such voters and cast in the election, and
shall make such report available to the general public.''.
(b) Development of Standardized Format for Reports.--The Election
Administration Commission shall develop a standardized format for the
reports submitted by States and units of local government under section
102(d) of the Uniformed and Overseas Citizens Absentee Voting Act (as
added by subsection (a)), and shall make the format available to the
States and units of local government submitting such reports.
SEC. 408. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF OVERSEAS AND
ABSENT UNIFORMED SERVICES VOTERS.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-1), as amended by the preceding provisions of
this title, is amended by adding at the end the following new
subsection:
``(e) Registration Notification.--With respect to each absent
uniformed services voter and each overseas voter who submits a voter
registration application or an absentee ballot request, if the State
rejects the application or request, the State shall provide the voter
with the reasons for the rejection.''.
SEC. 409. STUDY AND REPORT ON THE DEVELOPMENT OF A STANDARD OATH FOR
USE WITH OVERSEAS VOTING MATERIALS.
(a) Study.--The Election Administration Commission established
under section 301 (in this section referred to as the ``Commission''),
shall conduct a study on the feasibility and advisability of--
(1) prescribing a standard oath for use with any document
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq) affirming that a material
misstatement of fact in the completion of such a document may
constitute grounds for a conviction for perjury; and
(2) if the State requires an oath or affirmation to
accompany any document under such Act, to require the State to
use the standard oath described in paragraph (1).
(b) Report.--The Commission shall submit a report to Congress on
the study conducted under subsection (a) together with such
recommendations for legislative and administrative action as the
Commission determines appropriate.
SEC. 410. STUDY AND REPORT ON PROHIBITING NOTARIZATION REQUIREMENTS.
(a) Study.--The Election Administration Commission established
under section 301 (in this section referred to as the ``Commission''),
shall conduct a study on the feasibility and advisability of
prohibiting a State from refusing to accept any voter registration
application, absentee ballot request, or absentee ballot submitted by
an absent uniformed services voter or overseas voter on the grounds
that the document involved is not notarized.
(b) Report.--The Commission shall submit a report to Congress on
the study conducted under subsection (a) together with such
recommendations for legislative and administrative action as the
Commission determines appropriate.
TITLE V--CRIMINAL PENALTIES; MISCELLANEOUS
SEC. 501. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL FRAUD
STATUTES AND PENALTIES.
(a) Review.--The Attorney General shall conduct a review of
existing criminal statutes concerning election offenses to determine--
(1) whether additional statutory offenses are needed to
secure the use of the Internet for election purposes; and
(2) whether existing penalties provide adequate punishment
and deterrence with respect to such offenses.
(b) Report.--The Attorney General shall submit a report to the
Judiciary Committees of the Senate and the House of Representatives,
the Senate Committee on Rules and Administration, and the House
Committee on Administration on the review conducted under subsection
(a) together with such recommendations for legislative and
administrative action as the Attorney General determines appropriate.
SEC. 502. OTHER CRIMINAL PENALTIES.
(a) Conspiracy To Deprive Voters of a Fair Election.--Any
individual who knowingly and willfully gives false information in
registering or voting in violation of section 11(c) of the National
Voting Rights Act of 1965 (42 U.S.C. 1973i(c)), or conspires with
another to violate such section, shall be fined or imprisoned, or both,
in accordance with such section.
(b) False Information in Registering and Voting.--Any individual
who knowingly commits fraud or knowingly makes a false statement with
respect to the naturalization, citizenry, or alien registry of such
individual in violation of section 1015 of title 18, United States
Code, shall be fined or imprisoned, or both, in accordance with such
section.
SEC. 503. USE OF SOCIAL SECURITY NUMBERS FOR VOTER REGISTRATION AND
ELECTION ADMINISTRATION.
(a) In General.--Section 205(c)(2) of the Social Security Act (42
U.S.C. 405(c)(2)) is amended by adding at the end the following new
subparagraph:
``(I)(i) It is the policy of the United States that any State (or
political subdivision thereof) may, in the administration of any voter
registration or other election law, use the social security account
numbers issued by the Commissioner of Social Security for the purpose
of establishing the identification of individuals affected by such law,
and may require any individual who is, or appears to be, so affected to
furnish to such State (or political subdivision thereof) or any agency
thereof having administrative responsibility for the law involved, the
social security account number (or numbers, if such individual has more
than one such number) issued to such individual by the Commissioner of
Social Security.
``(ii) For purposes of clause (i), an agency of a State (or
political subdivision thereof) charged with the administration of any
voter registration or other election law that did not use the social
security account number for identification under a law or regulation
adopted before January 1, 2002, may require an individual to disclose
his or her social security number to such agency solely for the purpose
of administering the laws referred to in such clause.
``(iii) If, and to the extent that, any provision of Federal law
enacted before the date of enactment of the Equal Protection of Voting
Rights Act of 2002 is inconsistent with the policy set forth in clause
(i), such provision shall, on and after the date of the enactment of
such Act, be null, void, and of no effect.''.
(b) Construction.--Nothing in this section may be construed to
supersede any privacy guarantee under any Federal or State law that
applies with respect to a social security number.
SEC. 504. DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL ELECTIONS.
(a) Responsibilities of Secretary of Defense.--
(1) Additional duties.--Section 1566(g) of title 10, United
States Code, as added by section 1602(a)(1) of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1274), is amended--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by striking paragraph (2) and inserting the
following new paragraphs:
``(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at all times.
The Secretary shall, to the maximum extent practicable, implement
measures to ensure that a postmark or other official proof of mailing
date is provided on each absentee ballot collected at any overseas
location or vessel at sea whenever the Department of Defense is
responsible for collecting mail for return shipment to the United
States. The Secretary shall ensure that the measures implemented under
the preceding sentence do not result in the delivery of absentee
ballots to the final destination of such ballots after the date on
which the election for Federal office is held.
``(3) The Secretary of each military department shall, to the
maximum extent practicable, provide notice to members of the armed
forces stationed at that installation of the last date before a general
Federal election for which absentee ballots mailed from a postal
facility located at that installation can reasonably be expected to be
timely delivered to the appropriate State and local election
officials.''.
(2) Report.--The Secretary of Defense shall submit to
Congress a report describing the measures to be implemented
under section 1566(g)(2) of title 10, United States Code (as
added by paragraph (1)), to ensure the timely transmittal and
postmarking of voting materials and identifying the persons
responsible for implementing such measures.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 1602 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1274) upon the enactment of that Act.
SEC. 505. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING RIGHTS.
(a) Registration and Balloting.--Section 102 of the Uniformed and
Overseas Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by
section 1606(a)(1) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1278), is amended--
(1) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(2) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and runoff elections for State
and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(b) Conforming Amendment.--The heading for title I of such Act is
amended by striking ``FOR FEDERAL OFFICE''.
SEC. 506. SENSE OF THE SENATE REGARDING STATE AND LOCAL INPUT INTO
CHANGES MADE TO THE ELECTORAL PROCESS.
(a) Findings.--Congress finds the following:
(1) Although Congress has the responsibility to ensure that
our citizens' right to vote is protected, and that votes are
counted in a fair and accurate manner, States and localities
have a vested interest in the electoral process.
(2) The Federal Government should ensure that States and
localities have some say in any election mandates placed upon
the States and localities.
(3) Congress should ensure that any election reform laws
contain provisions for input by State and local election
officials.
(b) Sense of the Senate.--It is the sense of the Senate that the
Department of Justice and the Committee on Election Reform should take
steps to ensure that States and localities are allowed some input into
any changes that are made to the electoral process, preferably through
some type of advisory committee or commission.
SEC. 507. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE.
(a) Study on the Establishment of a Free Absentee Ballot Postage
Program.--
(1) In general.--The Election Administration Commission
established under section 301 shall conduct a study on the
feasibility and advisability of the establishment by the
Federal Election Commission and the Postal Service of a program
under which the Postal Service shall waive the amount of
postage applicable with respect to absentee ballots submitted
by voters in general elections for Federal office (other than
balloting materials mailed under section 3406 of title 39,
United States Code) that does not apply with respect to the
postage required to send the absentee ballots to voters.
(2) Public survey.--As part of the study conducted under
paragraph (1), the Election Administration Commission shall
conduct a survey of potential beneficiaries under the program
described in such paragraph, including the elderly and
disabled, and shall take into account the results of such
survey in determining the feasibility and advisability of
establishing such a program.
(b) Report.--
(1) Submission.--Not later than the date that is 1 year
after the date of enactment of this Act, the Election
Administration Commission shall submit to Congress a report on
the study conducted under subsection (a)(1) together with
recommendations for such legislative and administrative action
as the Commission determines appropriate.
(2) Costs.--The report submitted under paragraph (1) shall
contain an estimate of the costs of establishing the program
described in subsection (a)(1).
(3) Implementation.--The report submitted under paragraph
(1) shall contain an analysis of the feasibility of
implementing the program described in subsection (a)(1) with
respect to the absentee ballots submitted in the general
election for Federal office held in 2004.
(4) Recommendations regarding the elderly and disabled.--
The report submitted under paragraph (1) shall--
(A) include recommendations of the Federal Election
Commission on ways that program described in subsection
(a)(1) would target elderly individuals and individuals
with disabilities; and
(B) identify methods to increase the number of such
individuals who vote in elections for Federal office.
(c) Postal Service Defined.--The term ``Postal Service'' means the
United States Postal Service established under section 201 of title 39,
United States Code.
SEC. 508. HELP AMERICA VOTE COLLEGE PROGRAM.
(a) Establishment of Program.--
(1) In general.--Not later than 1 year after the
appointment of its members, the Election Administration
Commission (in this section referred to as the ``Commission'')
shall develop a program to be known as the ``Help America Vote
College Program'' (in this section referred to as the
``Program'').
(2) Purposes of program.--The purpose of the Program shall
be--
(A) to encourage students enrolled at institutions
of higher education (including community colleges) to
assist State and local governments in the
administration of elections by serving as nonpartisan
poll workers or assistants; and
(B) to encourage State and local governments to use
the services of the students participating in the
Program.
(b) Activities Under Program.--
(1) In general.--In carrying out the Program, the
Commission (in consultation with the chief election official of
each State) shall develop materials, sponsor seminars and
workshops, engage in advertising targeted at students, make
grants, and take such other actions as it considers appropriate
to meet the purposes described in subsection (a)(2).
(2) Requirements for grant recipients.--In making grants
under the Program, the Commission shall ensure that the funds
provided are spent for projects and activities which are
carried out without partisan bias or without promoting any
particular point of view regarding any issue, and that each
recipient is governed in a balanced manner which does not
reflect any partisan bias.
(3) Coordination with institutions of higher education.--
The Commission shall encourage institutions of higher education
(including community colleges) to participate in the Program,
and shall make all necessary materials and other assistance
(including materials and assistance to enable the institution
to hold workshops and poll worker training sessions) available
without charge to any institution which desires to participate
in the Program.
(c) Authorization of Appropriations.--In addition to any other
funds authorized to be appropriated to the Commission, there are
authorized to be appropriated to carry out this section such sums as
may be necessary for fiscal year 2002 and each succeeding fiscal year.
SEC. 509. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Except as specifically provided in section 103(b)
of this Act with regard to the National Voter Registration Act of 1993
(42 U.S.C. 1973gg et seq.), nothing in this Act may be construed to
authorize or require conduct prohibited under the following laws, or
supersede, restrict, or limit such laws:
(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(4) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
1994 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by the Attorney General of a State's
application for a grant under title II, or any other action taken by
the Attorney General or a State under such title, shall not be
considered to have any effect on requirements for preclearance under
section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) or any
other requirements of such Act.
SEC. 510. VOTERS WITH DISABILITIES.
(a) Findings.--Congress makes the following findings:
(1) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) requires that people with disabilities have the
same kind of access to public places as the general public.
(2) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) requires that all
polling places for Federal elections be accessible to the
elderly and the handicapped.
(3) The General Accounting Office in 2001 issued a report
based on their election day random survey of 496 polling places
during the 2000 election across the country and found that 84
percent of those polling places had one or more potential
impediments that prevented individuals with disabilities,
especially those who use wheelchairs, from independently and
privately voting at the polling place in the same manner as
everyone else.
(4) The Department of Justice has interpreted accessible
voting to allow curbside voting or absentee voting in lieu of
making polling places physically accessible.
(5) Curbside voting does not allow the voter the right to
vote in privacy.
(b) Sense of Congress.--It is the sense of Congress that the right
to vote in a private and independent manner is a right that should be
afforded to all eligible citizens, including citizens with
disabilities, and that curbside voting should only be an alternative of
the last resort in providing equal voting access to all eligible
American citizens.
SEC. 511. ELECTION DAY HOLIDAY STUDY.
(a) In General.--In carrying out its duty under section
303(a)(1)(G), the Commission, within 6 months after its establishment,
shall provide a detailed report to the Congress on the advisability of
establishing an election day holiday, including options for holding
elections for Federal offices on an existing legal public holiday such
as Veterans Day, as proclaimed by the President, or of establishing
uniform weekend voting hours.
(b) Factors Considered.--In conducting that study, the Commission
shall take into consideration the following factors:
(1) Only 51 percent of registered voters in the United
States turned out to vote during the November 2000 Presidential
election--well-below the worldwide turnout average of 72.9
percent for Presidential elections between 1999 and 2000. After
the 2000 election, the Census Bureau asked thousands of non-
voters why they did not vote. The top reason for not voting,
given by 22.6 percent of the respondents, was that they were
too busy or had a conflicting work or school schedule.
(2) One of the recommendations of the National Commission
on Election Reform led by former President's Carter and Ford is
``Congress should enact legislation to hold presidential and
congressional elections on a national holiday''. Holding
elections on the legal public holiday of Veterans Day, as
proclaimed by the President and observed by the Federal
Government or on the weekends, may allow election day to be a
national holiday without adding the cost and administrative
burden of an additional holiday.
(3) Holding elections on a holiday or weekend could allow
more working people to vote more easily, potentially increasing
voter turnout. It could increase the pool of available poll
workers and make public buildings more available for use as
polling places. Holding elections over a weekend could provide
flexibility needed for uniform polling hours.
(4) Several proposals to make election day a holiday or to
shift election day to a weekend have been offered in the 107th
Congress. Any new voting day options should be sensitive to the
religious observances of voters of all faiths and to our
Nation's veterans.
SEC. 512. SENSE OF THE SENATE ON COMPLIANCE WITH ELECTION TECHNOLOGY
AND ADMINISTRATION REQUIREMENTS.
It is the sense of the Senate that full funding shall be provided
to each State and locality to meet the requirements relating to
compliance with election technology and administration pursuant to this
Act.
SEC. 513. BROADCASTING FALSE ELECTION INFORMATION.
In carrying out its duty under section 303(a)(1)(G), the
Commission, within 6 months after its establishment shall provide a
detailed report to the Congress on issues regarding the broadcasting or
transmitting by cable of Federal election results including
broadcasting practices that may result in the broadcast of false
information concerning the location or time of operation of a polling
place.
SEC. 514. SENSE OF THE SENATE REGARDING CHANGES MADE TO THE ELECTORAL
PROCESS AND HOW SUCH CHANGES IMPACT STATES.
It is the sense of the Senate that--
(1) the provisions of this Act shall not prohibit States to
use curbside voting as a last resort to satisfy the voter
accessibility requirements under section 101(a)(3);
(2) the provisions of this Act permit States--
(A) to use Federal funds to purchase new voting
machines; and
(B) to elect to retrofit existing voting machines
in lieu of purchasing new machines to meet the voting
machine accessibility requirements under section
101(a)(3);
(3) nothing in this Act requires States to replace existing
voting machines;
(4) nothing under section 101(a) of this Act specifically
requires States to install wheelchair ramps or pave parking
lots at each polling location for the accessibility needs of
individuals with disabilities; and
(5) the Election Administration Commission, the Attorney
General, and the Architectural and Transportation Barriers
Compliance Board should recognize the differences that exist
between urban and rural areas with respect to the
administration of Federal elections under this Act.
Amend the title so as to read: ``An Act to require States
and localities to meet uniform and nondiscriminatory election
technology and administration requirements applicable to
Federal elections, to establish grant programs to provide
assistance to States and localities to meet those requirements
and to improve election technology and the administration of
Federal elections, to establish the Election Administration
Commission, and for other purposes.''.
Attest:
Secretary.
107th CONGRESS
2d Session
H. R. 3295
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AMENDMENTS