[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 565 Reported in Senate (RS)]






                                                       Calendar No. 239
107th CONGRESS
  1st Session
                                 S. 565

 To establish the Commission on Voting Rights and Procedures to study 
  and make recommendations regarding election technology, voting, and 
 election administration, to establish a grant program under which the 
    Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
  in improving election technology and the administration of Federal 
  elections, to require States to meet uniform and nondiscriminatory 
   election technology and administration requirements for the 2004 
               Federal elections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2001

Mr. Dodd (for himself, Mr. Daschle, Mr. Inouye, Mr. Dayton, Mr. Kerry, 
Mr. Kennedy, Mr. Corzine, Mr. Leahy, Mr. Reid, Mrs. Clinton, Mr. Bayh, 
 Mr. Reed, Mr. Nelson of Florida, Mrs. Boxer, Mr. Edwards, Mr. Biden, 
 Mrs. Carnahan, Ms. Mikulski, Mrs. Murray, Mr. Sarbanes, Ms. Stabenow, 
 Mr. Wellstone, Mr. Torricelli, Ms. Landrieu, Mr. Johnson, Mr. Levin, 
Mr. Lieberman, Mr. Miller, Mr. Nelson of Nebraska, Mr. Rockefeller, Mr. 
 Wyden, Mr. Harkin, Ms. Cantwell, Mr. Akaka, Mr. Baucus, Mr. Bingaman, 
 Mr. Dorgan, Mr. Durbin, Mr. Feingold, Mrs. Feinstein, Mr. Graham, Mr. 
Hollings, Mrs. Lincoln, Mr. Schumer, Mr. Cleland, Mr. Kohl, Mr. Breaux, 
  Mr. Conrad, Mr. Byrd, Mr. Carper, and Mr. Jeffords) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

                           November 28, 2001

                Reported by Mr. Dodd, without amendment

_______________________________________________________________________

                                 A BILL


 
 To establish the Commission on Voting Rights and Procedures to study 
  and make recommendations regarding election technology, voting, and 
 election administration, to establish a grant program under which the 
    Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
  in improving election technology and the administration of Federal 
  elections, to require States to meet uniform and nondiscriminatory 
   election technology and administration requirements for the 2004 
               Federal elections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Equal Protection 
of Voting Rights Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
  TITLE I--ESTABLISHMENT OF COMMISSION ON VOTING RIGHTS AND PROCEDURES

Sec. 101. Establishment.
Sec. 102. Membership of the Commission.
Sec. 103. Duties of the Commission.
Sec. 104. Powers of the Commission.
Sec. 105. Commission personnel matters.
Sec. 106. Termination of the Commission.
Sec. 107. Authorization of appropriations for the Commission.
  TITLE II--ELECTION TECHNOLOGY AND ADMINISTRATION IMPROVEMENT GRANT 
                                PROGRAM

Sec. 201. Establishment of grant program.
Sec. 202. Authorized activities.
Sec. 203. General policies and criteria for the approval of 
                            applications of States and localities; 
                            requirements of State plans.
Sec. 204. Submission of applications of States and localities.
Sec. 205. Approval of applications of States and localities.
Sec. 206. Federal matching funds.
Sec. 207. Audits and examinations of States and localities.
Sec. 208. Reports to Congress and the Attorney General.
Sec. 209. Definitions of State and locality.
Sec. 210. Authorization of appropriations.
   TITLE III--REQUIREMENTS FOR ELECTION TECHNOLOGY AND ADMINISTRATION

Sec. 301. Uniform and nondiscriminatory requirements for election 
                            technology and administration.
Sec. 302. Guidelines and technical specifications.
Sec. 303. Requiring States to meet requirements.
Sec. 304. Enforcement by Attorney General.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Relationship to other laws.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The right to vote is a fundamental and incontrovertible 
        right under the Constitution.
            (2) There is a need for Congress to encourage and enable 
        every eligible American to vote by reaffirming that the right 
        to vote is a fundamental right under the Constitution.
            (3) There is a need for Congress to encourage and enable 
        every eligible American to vote by reaffirming that the United 
        States is a democratic Government ``of the people, by the 
        people, and for the people'' where every vote counts.
            (4) There is a need for Congress to encourage and enable 
        every eligible American to vote by eliminating procedural, 
        physical, and technological obstacles to voting.
            (5) There is a need to counter discrimination in voting by 
        removing barriers to the exercise of the constitutionally 
        protected right to vote.
            (6) There is a concern that persons with disabilities and 
        impairments face difficulties in voting.
            (7) There are practices designed to purge illegal voters 
        from voter rolls which result in the elimination of legal 
        voters as well.
            (8) State governments have already begun to examine ways to 
        improve the administration of elections and to modernize 
        mechanisms and machinery for voting.
            (9) Congress has authority under section 4 of article I of 
        the Constitution of the United States, section 5 of the 14th 
        amendment to the Constitution of the United States, and section 
        2 of the 15th amendment to the Constitution of the United 
        States to enact legislation to address the equal protection 
        violations that may be caused by outdated voting systems.
            (10) Congress has an obligation to ensure that the 
        necessary resources are available to States and localities to 
        improve election technology and election administration and to 
        ensure the integrity of and full participation of all Americans 
        in the democratic elections process.

  TITLE I--ESTABLISHMENT OF COMMISSION ON VOTING RIGHTS AND PROCEDURES

SEC. 101. ESTABLISHMENT.

    There is established the Commission on Voting Rights and Procedures 
(in this title referred to as the ``Commission'').

SEC. 102. MEMBERSHIP OF THE COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 12 
members of whom--
            (1) 6 members shall be appointed by the President;
            (2) 3 members shall be appointed by the Minority Leader of 
        the Senate (or, if the Minority Leader is a member of the same 
        political party as the President, by the Majority Leader of the 
        Senate); and
            (3) 3 members shall be appointed by the Minority Leader of 
        the House of Representatives (or, if the Minority Leader is a 
        member of the same political party as the President, by the 
        Majority Leader of the House of Representatives).
    (b) Qualifications.--Each member appointed under subsection (a) 
shall be chosen on the basis of--
            (1) experience with, and knowledge of--
                    (A) election law;
                    (B) election technology;
                    (C) Federal, State, or local election 
                administration;
                    (D) the Constitution; or
                    (E) the history of the United States; and
            (2) integrity, impartiality, and good judgment.
    (c) Period of Appointment; Vacancies.--
            (1) Period of appointment.--Each member shall be appointed 
        for the life of the Commission.
            (2) Vacancies.--
                    (A) In general.--A vacancy in the Commission shall 
                not affect its powers.
                    (B) Manner of replacement.--Not later than 60 days 
                after the date of the vacancy, a vacancy on the 
                Commission shall be filled in the same manner as the 
                original appointment was made and shall be subject to 
                any conditions which applied with respect to the 
                original appointment.
    (d) Chairperson; Vice Chairperson.--
            (1) In general.--The Commission shall elect a chairperson 
        and vice chairperson from among its members.
            (2) Political affiliation.--The chairperson and vice 
        chairperson may not be affiliated with the same political 
        party.
    (e) Date of Appointment.--The appointments of the members of the 
Commission shall be made not later than 45 days after the date of 
enactment of this Act.
    (f) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the chairperson.
            (2) Initial meeting.--Not later than 20 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
    (g) Voting.--Each action of the Commission shall be approved by a 
majority vote of the entire Commission. Each member shall have 1 vote.

SEC. 103. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall conduct a thorough 
        study of--
                    (A) election technology and systems;
                    (B) designs of ballots and the uniformity of 
                ballots;
                    (C) access to ballots and polling places, including 
                timely notice of voting locations and matters relating 
                to access for--
                            (i) voters with disabilities;
                            (ii) voters with visual impairments;
                            (iii) voters with limited English language 
                        proficiency;
                            (iv) voters who need assistance in order to 
                        understand the voting process or how to cast a 
                        ballot; and
                            (v) other voters with special needs;
                    (D) the effect of the capacity of voting systems on 
                the efficiency of election administration, including 
                how the number of ballots which may be processed by a 
                single machine over a period of time affects the number 
                of machines needed to carry out an election at a 
                particular polling place and the number of polling 
                places and other facilities necessary to serve the 
                voters;
                    (E) voter registration and maintenance of voter 
                rolls, including the use of provisional voting and 
                standards for reenfranchisement of voters;
                    (F) alternative voting methods;
                    (G) voter intimidation, both real and perceived;
                    (H) accuracy of voting, election procedures, and 
                election technology;
                    (I) voter education;
                    (J) election personnel and volunteer training;
                    (K)(i) the implementation of title I of the 
                Uniformed and Overseas Citizens Absentee Voting Act (42 
                U.S.C. 1973ff et seq.) and the amendments made by title 
                II of that Act by--
                            (I) the Secretary of Defense, acting as the 
                        Presidential designee under section 101 of that 
                        Act (42 U.S.C. 1973ff);
                            (II) each other Federal Government official 
                        having responsibilities under that Act; and
                            (III) each State; and
                    (ii) whether any legislative or administrative 
                action is necessary to provide a meaningful opportunity 
                for each absent uniformed services voter (as defined in 
                section 107(1) of that Act (42 U.S.C. 1973ff-6(1))) and 
                each overseas voter (as defined in section 107(5) of 
                that Act (42 U.S.C. 1973ff-6(5))) to register to vote 
                and vote in elections for Federal office;
                    (L) the feasibility and advisability of 
                establishing the date on which elections for Federal 
                office are held as a Federal or State holiday;
                    (M) the feasibility and advisability of 
                establishing modified polling place hours, and the 
                effects thereof; and
                    (N)(i) how the Federal Government can, on a 
                permanent basis, best provide ongoing assistance to 
                State and local authorities to improve the 
                administration of elections for Federal office;
                    (ii) how the requirements for voting systems, 
                provisional voting, and sample ballots described in 
                section 301 can, on a permanent basis, best be 
                administered; and
                    (iii) whether an existing or a new Federal agency 
                should provide such assistance.
            (2) Website.--In addition to any other publication 
        activities the Commission may be required to carry out, for 
        purposes of conducting the study under this subsection the 
        Commission shall establish an Internet website to facilitate 
        public comment and participation.
    (b) Recommendations.--
            (1) Recommendations of best practices in voting and 
        election administration.--The Commission shall develop specific 
        recommendations with respect to the matters studied under 
        subsection (a) that identify those methods of voting and 
        administering elections studied by the Commission that would--
                    (A) be convenient, accessible, nondiscriminatory, 
                and easy to use for voters in elections for Federal 
                office, including voters with disabilities, voters with 
                visual impairments, absent uniformed services voters, 
                overseas voters, and other voters with special needs, 
                including voters with limited English language 
                proficiency or who otherwise need assistance in order 
                to understand the voting process or to cast a ballot;
                    (B) yield the broadest participation; and
                    (C) produce accurate results.
            (2) Recommendations for providing assistance in federal 
        elections.--The Commission shall develop specific 
        recommendations with respect to the matters studied under 
        subsection (a)(1)(N) on how the Federal Government can, on a 
        permanent basis, best provide ongoing assistance to State and 
        local authorities to improve the administration of elections 
        for Federal office, and identify whether an existing or a new 
        Federal agency should provide such assistance.
            (3) Recommendations for voter participation in federal 
        elections.--The Commission shall develop specific 
        recommendations with respect to the matters studied under 
        subsection (a) on methods--
                    (A) to increase voter registration;
                    (B) to increase the accuracy of voter rolls and 
                participation and inclusion of legal voters;
                    (C) to improve voter education; and
                    (D) to improve the training of election personnel 
                and volunteers.
            (4) Consistency with election technology and administration 
        requirements.--The Commission shall ensure that the specific 
        recommendations developed under this subsection are consistent 
        with the uniform and nondiscriminatory election technology and 
        administration requirements under section 301.
    (c) Reports.--
            (1) Interim reports.--Not later than the date on which the 
        Commission submits the final report under paragraph (2), the 
        Commission may submit to the President and Congress such 
        interim reports as a majority of the members of the Commission 
        determine appropriate.
            (2) Final report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Commission shall 
                submit to the President and Congress a final report 
                that has received the approval of a majority of the 
                members of the Commission.
                    (B) Content.--The final report shall contain--
                            (i) a detailed statement of the findings 
                        and conclusions of the Commission on the 
                        matters studied under subsection (a);
                            (ii) a detailed statement of the 
                        recommendations developed under subsection (b) 
                        which received a majority vote of the members 
                        of the Commission; and
                            (iii) any dissenting or minority opinions 
                        of the members of the Commission.

SEC. 104. 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 title--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony, receive such evidence, and 
        administer such oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses and the production of such books, 
        records, correspondence, memoranda, papers, documents, tapes, 
        and materials as the Commission or such subcommittee or member 
        considers advisable.
    (b) Issuance and Enforcement of Subpoenas.--
            (1) Issuance.--Any subpoena issued under subsection (a) 
        shall be issued by the chairperson and vice chairperson of the 
        Commission acting jointly. Each subpoena shall bear the 
        signature of the chairperson of the Commission and shall be 
        served by any person or class of persons designated by the 
        chairperson for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a), the United States 
        district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found may issue 
        an order requiring such person to appear at any designated 
        place to testify or to produce documentary or other evidence. 
        Any failure to obey the order of the court may be punished by 
        the court as a contempt of that court.
    (c) Witness Allowances and Fees.--Section 1821 of title 28, United 
States Code, shall apply to witnesses requested or subpoenaed to appear 
at any hearing  of the Commission. The per diem and mileage allowances 
for witnesses shall be paid from funds available to pay the expenses of 
the Commission.
    (d) 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 title. Upon request of 
the chairperson and vice chairperson of the Commission acting jointly, 
the head of such department or agency shall furnish such information to 
the Commission.
    (e) 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.
    (f) Administrative Support Services.--Upon the request of the 
chairperson and vice chairperson of the Commission acting jointly, the 
Administrator of the General Services Administration shall provide to 
the Commission, on a reimbursable basis, the administrative support 
services that are necessary to enable the Commission to carry out its 
duties under this title.
    (g) Gifts and Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property to carry out this 
title.
    (h) Application of Federal Advisory Committee Act.--Except as 
otherwise provided in this Act, the Commission shall be subject to the 
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 105. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission 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 
Commission.
    (c) Staff.--
            (1) In general.--The chairperson and vice chairperson of 
        the Commission, acting jointly, 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 Commission to perform its duties. 
        The employment of an executive director shall be subject to 
        confirmation by the Commission.
            (2) Compensation.--The chairperson and vice chairperson of 
        the Commission, acting jointly, 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.
    (d) 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.
    (e) Procurement of Temporary and Intermittent Services.--The 
chairperson and vice chairperson of the Commission, acting jointly, 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. 106. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 45 days after the date on which the 
Commission submits its final report and recommendations under section 
103(c)(2).

SEC. 107. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out the purposes of this title.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until expended.

  TITLE II--ELECTION TECHNOLOGY AND ADMINISTRATION IMPROVEMENT GRANT 
                                PROGRAM

SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.

    (a) In General.--The Attorney General, subject to the general 
policies and criteria for the approval of applications established 
under section 203 and in consultation with the Federal Election 
Commission, is authorized to make grants to States and localities to 
pay the Federal share of the costs of the activities described in 
section 202.
    (b) Action Through Office of Justice Programs and Assistant 
Attorney General for Civil Rights.--In carrying out this title, the 
Attorney General shall act through the Assistant Attorney General for 
the Office of Justice Programs and the Assistant Attorney General for 
the Civil Rights Division.

SEC. 202. AUTHORIZED ACTIVITIES.

    (a) In General.--A State or locality may use grant payments 
received under this title--
            (1) to improve, acquire, or replace voting equipment or 
        technology and improve the accessibility of polling places, 
        including providing physical access for persons with 
        disabilities and to other individuals with special needs, and 
        nonvisual access for voters with visual impairments, and 
        assistance to voters with limited proficiency in the English 
        language;
            (2) to implement new election administration procedures to 
        increase voter participation and 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 personnel; 
        or
            (4) upon completion of the final report under section 
        103(c)(2), to implement recommendations contained in such 
        report under section 103(c)(2)(B)(ii).
    (b) Requirements for Election Technology and Administration.--A 
State or locality may use grant payments received under this title--
            (1) on or after the date on which the voting system 
        requirements specifications are issued under section 302(a), to 
        implement the requirements under section 301(a);
            (2) on or after the date on which the provisional voting 
        requirements guidelines are issued under section 302(b), to 
        implement the requirements under section 301(b); and
            (3) on or after the date on which the sample ballot 
        requirements guidelines are issued under section 302(c), to 
        implement the requirements under section 301(c).

SEC. 203. GENERAL POLICIES AND CRITERIA FOR THE APPROVAL OF 
              APPLICATIONS OF STATES AND LOCALITIES; REQUIREMENTS OF 
              STATE PLANS.

    (a) General Policies.--The Attorney General shall establish general 
policies with respect to the approval of applications of States and 
localities, the awarding of grants, and the use of assistance made 
available under this title.
    (b) Criteria.--
            (1) In general.--The Attorney General shall establish 
        criteria with respect to the approval of applications of States 
        and localities submitted under section 204, including the 
        requirements for State plans under paragraph (2).
            (2) Requirements of state plans.--The Attorney General 
        shall not approve an application of a State unless the State 
        plan of that State provides for each of the following:
                    (A) Uniform nondiscriminatory voting standards 
                within the State for election administration and 
                technology that--
                            (i) meet the requirements for voting 
                        systems, provisional voting, and sample ballots 
                        described in section 301;
                            (ii) provide for ease and convenience of 
                        voting for all voters, including accuracy, 
                        nonintimidation, and nondiscrimination;
                            (iii) ensure conditions for voters with 
                        disabilities, including nonvisual access for 
                        voters with visual impairments, provide the 
                        same opportunity for access and participation 
                        by such voters, including privacy and 
                        independence;
                            (iv) ensure access for voters with limited 
                        English language proficiency, voters who need 
                        assistance in order to understand the voting 
                        process or how to cast a ballot, and other 
                        voters with special needs;
                            (v) ensure compliance with the Voting 
                        Accessibility for the Elderly and Handicapped 
                        Act (42 U.S.C. 1973ee et seq.);
                            (vi) ensure compliance with 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);
                            (vii) ensure compliance with the National 
                        Voter Registration Act of 1993 (42 U.S.C. 
                        1973gg et seq.); and
                            (viii) ensure that overseas voters and 
                        absent uniformed service voters (as such terms 
                        are defined in section 107 of the Uniformed and 
                        Overseas Citizens Absentee Voting Act (42 
                        U.S.C. 1973ff-6)) have a meaningful opportunity 
                        to exercise their voting rights as citizens of 
                        the United States.
                    (B) Accuracy of the records of eligible voters in 
                the States to ensure that legally registered voters 
                appear in such records and prevent any purging of such 
                records to remove illegal voters that result in the 
                elimination of legal voters as well.
                    (C) Voter education programs regarding the right to 
                vote and methodology and procedures for participating 
                in elections and training programs for election 
                personnel and volunteers, including procedures to carry 
                out subparagraph (D).
                    (D) An effective method of notifying voters at 
                polling places on the day of election of basic voting 
                procedures to effectuate their vote as provided for in 
                State and Federal law.
                    (E) A timetable for meeting the elements of the 
                plan.
            (3) Consistency with election technology and administration 
        requirements.--The criteria established by the Attorney General 
        under this subsection and the State plans required under this 
        subsection shall be consistent with the uniform and 
        nondiscriminatory election technology and administration 
        requirements under section 301.
    (c) Consultation.--In establishing the general policies and 
criteria under this section, the Attorney General shall consult with 
the Federal Election Commission.

SEC. 204. SUBMISSION OF APPLICATIONS OF STATES AND LOCALITIES.

    (a) Submission of Applications by States.--
            (1) In general.--Subject to paragraph (3), the chief 
        executive officer of each State desiring to receive a grant 
        under this title shall submit an application to the Attorney 
        General at such time, in such manner, and accompanied by such 
        additional information as the Attorney General, in consultation 
        with the Federal Election Commission, may reasonably require.
            (2) Contents of applications.--Each application submitted 
        under paragraph (1) shall include the following:
                    (A) State plan.--A State plan that--
                            (i) is developed in consultation with State 
                        and local election officials;
                            (ii) describes the activities authorized 
                        under section 202 for which assistance under 
                        this title is sought; and
                            (iii) contains a detailed explanation of 
                        how the State will comply with the requirements 
                        described in section 203(b).
                    (B) Compliance with federal matching 
                requirements.--An assurance that the State will pay the 
                non-Federal share of the costs of the activities for 
                which assistance is sought from non-Federal sources 
                that may be accompanied by a request for a waiver of 
                the matching requirements under section 206(b)(2).
                    (C) Additional assurances.--Such additional 
                assurances as the Attorney General, in consultation 
                with the Federal Election Commission, determines to be 
                essential to ensure compliance with the requirements of 
                this title.
            (3) Availability of state plans for review and comment.--A 
        State submitting an application under this section shall make 
        the State plan proposed to be included in that application 
        available to the public for review and comment prior to the 
        submission of the application.
    (b) Submission of Applications by Localities.--
            (1) In general.--If a State has submitted an application 
        under subsection (a), a locality of that State may submit an 
        application for assistance to the Attorney General at such 
        time, in such manner, and accompanied by such additional 
        information as the Attorney General, in consultation with the 
        Federal Election Commission, may reasonably require.
            (2) Contents of applications.--Each application submitted 
        by a locality under paragraph (1) shall include the following:
                    (A) Consistency with state plan.--Information 
                similar to the information required to be submitted 
                under the State plan under subsection (a)(2)(A) that is 
                not inconsistent with that plan.
                    (B) Nonduplication of effort.--Assurances that any 
                assistance directly provided to the locality under this 
                title is not available to that locality through the 
                State.
                    (C) Compliance with federal matching 
                requirements.--A description of how the locality will 
                pay the non-Federal share from non-Federal sources that 
                may be accompanied by a request for a waiver of the 
                matching requirements under section 206(b)(2).
                    (D) Additional assurances.--Such additional 
                assurances as the Attorney General, in consultation 
                with the Federal Election Commission, determines to be 
                essential to ensure compliance with the requirements of 
                this title.

SEC. 205. APPROVAL OF APPLICATIONS OF STATES AND LOCALITIES.

    (a) Approval of State Applications.--
            (1) In general.--The Attorney General, in consultation with 
        the Federal Election Commission, shall approve applications in 
        accordance with the general policies and criteria for the 
        approval of applications established under section 203.
            (2) Publication of state plans and solicitation of 
        comments.--After receiving an application of a State submitted 
        under section 204(a)(1), the Attorney General shall publish the 
        State plan contained in that application in the Federal 
        Register and solicit comments on the plan from the public. The 
        publication of and the solicitation of comments on such a plan 
        pursuant to this subsection shall not be treated as an exercise 
        of rulemaking authority by the Attorney General for purposes of 
        subchapter II of chapter 5 of title 5, United States Code.
            (3) Approval.--At any time after the expiration of the 30-
        day period which begins on the date the State plan is published 
        in the Federal Register under subsection (a), and taking into 
        consideration any comments received under such subsection, the 
        Attorney General, in consultation with the Federal Election 
        Commission, shall approve or disapprove the application that 
        contains the State plan published under paragraph (2) in 
        accordance with the general policies and criteria established 
        under section 203.
    (b) Approval of Applications of Localities.--If the Attorney 
General has approved the application of a State under subsection (a), 
the Attorney General, in consultation with the Federal Election 
Commission, may approve an application submitted by a locality of that 
State under section 204(b) in accordance with the general policies and 
criteria established under section 203.

SEC. 206. FEDERAL MATCHING FUNDS.

    (a) Payments.--The Attorney General shall pay to each State or 
locality having an application approved under section 205 the Federal 
share of the cost of the activities described in that application.
    (b) Federal Share.--
            (1) In general.--Subject to paragraphs (2), (3), and (4), 
        for purposes of subsection (a), the Federal share shall be 80 
        percent.
            (2) Waiver.--The Attorney General may specify a Federal 
        share greater than 80 percent under terms and conditions 
        consistent with this title.
            (3) Incentive for early action.--For any recipient of a 
        grant whose application was received prior to March 1, 2002, 
        the Federal share shall be 90 percent.
            (4) Reimbursement for cost of meeting requirements.--With 
        respect to the authorized activities described in section 
        202(b) insofar as a State or locality incurs expenses to meet 
        the requirements of section 301, the Federal share shall be 100 
        percent.
    (c) Non-Federal Share.--The non-Federal share of payments under 
this title may be in cash or in kind fairly evaluated, including 
planned equipment or services.

SEC. 207. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.

    (a) Recordkeeping Requirement.--Each recipient of a grant under 
this title shall keep such records as the Attorney General, in 
consultation with the Federal Election Commission, shall prescribe.
    (b) Audit and Examination.--The Attorney General and the 
Comptroller General, or any authorized representative of the Attorney 
General or the Comptroller General, shall audit any recipient of a 
grant under this title and shall have access to any record of a 
recipient of a grant under this title that the Attorney General or the 
Comptroller General determines may be related to a grant received under 
this title for the purpose of conducting an audit or examination.

SEC. 208. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.

    (a) Reports to Congress.--Not later than January 31, 2003, and each 
year thereafter, the Attorney General shall submit to the President and 
Congress a report on the program under this title for the preceding 
year. Each report shall contain the following:
            (1) A description and analysis of any activities funded by 
        a grant awarded under this title.
            (2) 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 title 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. DEFINITIONS OF STATE AND LOCALITY.

    In this title:
            (1) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, Guam, and the United States Virgin 
        Islands.
            (2) Locality.--The term ``locality'' means a political 
        subdivision of a State.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Justice such sums as may be necessary for 
        each of fiscal years 2002, 2003, 2004, 2005, and 2006.
            (2) Use of amounts.--Amounts appropriated under paragraph 
        (1) shall be for the purpose of--
                    (A) awarding grants under this Act; and
                    (B) paying for the costs of administering the 
                program to award such grants.
            (3) Federal election commission.--There are authorized to 
        be appropriated to the Federal Election Commission for each of 
        fiscal years 2002, 2003, 2004, 2005, and 2006 such sums as may 
        be necessary for the purpose of carrying out the provisions of 
        this Act.
    (b) Limitation.--Not more than 1 percent of any sums appropriated 
under paragraph (1) of subsection (a) may be used to pay for the 
administrative costs described in paragraph (2)(B) of such subsection.
    (c) Supplemental Appropriations.--There are authorized to be 
appropriated as supplemental appropriations for fiscal year 2001, such 
sums as the Department of Justice and the Federal Election Commission 
consider necessary to carry out the provisions of this Act.

   TITLE III--REQUIREMENTS FOR ELECTION TECHNOLOGY AND ADMINISTRATION

SEC. 301. UNIFORM AND NONDISCRIMINATORY REQUIREMENTS FOR ELECTION 
              TECHNOLOGY AND ADMINISTRATION.

    (a) Voting Systems.--Each voting system used in an election for 
Federal office shall meet the following requirements:
            (1) The voting system shall permit the voter to verify the 
        votes selected by the voter on a ballot before the ballot is 
        cast and tabulated, and shall provide the voter with the 
        opportunity to correct any error before the ballot is cast and 
        tabulated.
            (2) If the voter selects votes for more than one candidate 
        for a single office, the voting system shall notify the voter 
        before the ballot is cast and tabulated of the effect of 
        casting multiple votes for the office, and shall provide the 
        voter with the opportunity to correct the ballot before the 
        ballot is cast and tabulated.
            (3) If the voter selects votes for fewer than the number of 
        candidates for which votes may be cast, the voting system shall 
        notify the voter before the ballot is cast and tabulated of the 
        effect of such selection, and shall provide the voter with the 
        opportunity to correct the ballot before the ballot is cast and 
        tabulated.
            (4) The voting system shall produce a record with an audit 
        capacity for each ballot cast.
            (5) The voting system shall be accessible for individuals 
        with disabilities and other individuals with special needs, 
        including providing nonvisual accessibility for the blind and 
        visually impaired, which provides the same opportunity for 
        access and participation (including privacy and independence) 
        as for other voters, and shall provide alternative language 
        accessibility for individuals with limited proficiency in the 
        English language.
            (6) The error rate of a voting system in counting and 
        tabulating ballots (determined by taking into account only 
        those errors which are attributable to the voting system and 
        not attributable to the act of the voter) shall not exceed the 
        error rate standards as established in the national Voting 
        Systems Standards issued and maintained by the Office of 
        Election Administration of the Federal Election Commission in 
        effect on the date of enactment of this Act and shall not be 
        inconsistent with respect to the requirements under section 
        301.
    (b) Provisional Voting.--If the name of an individual who declares 
to be a registrant eligible to vote at a polling place in an election 
for Federal office does not appear on the official list of registrants 
eligible to vote at the polling place, or it is otherwise asserted by 
an election official that the individual is not eligible to vote at the 
polling place--
            (1) an election official at the polling place shall notify 
        the individual that the individual may cast a provisional 
        ballot in the election;
            (2) the individual shall be permitted to cast a vote at 
        that polling place upon written affirmation by the individual 
        before an election official at that polling place that the 
        individual is so eligible;
            (3) an election official at the polling place shall 
        transfer the ballot cast by the individual to an appropriate 
        State or local election official for prompt verification of the 
        declaration made by the individual in the affirmation required 
        under paragraph (2);
            (4) if the appropriate State or local election official 
        verifies the declaration made by the individual in the 
        affirmation, the individual's vote shall be tabulated; and
            (5) the appropriate State or local election official shall 
        notify the individual in writing of the final  disposition of 
the individual's affirmation and the treatment of the individual's 
vote.
    (c) Sample Ballot.--
            (1) Mailings to voters.--Not later than 10 days prior to 
        the date of an election for Federal office, the appropriate 
        election official shall mail to each individual who is 
        registered to vote in such election a sample version of the 
        ballot which will be used for the election together with--
                    (A) information regarding the date of the election 
                and the hours during which polling places will be open;
                    (B) instructions on how to cast a vote on the 
                ballot; and
                    (C) general information on voting rights under 
                Federal and applicable State laws and instructions on 
                how to contact the appropriate officials if these 
                rights are alleged to be violated.
            (2) Publication and posting.--The sample version of the 
        ballot which will be used for an election for Federal office 
        and which is mailed under paragraph (1) shall be published in a 
        newspaper of general circulation in the applicable geographic 
        area not later than 10 days prior to the date of the election, 
        and shall be posted publicly at each polling place on the date 
        of the election.

SEC. 302. GUIDELINES AND TECHNICAL SPECIFICATIONS.

    (a) Voting Systems Requirement Specifications.--In accordance with 
the requirements of this title regarding technical specifications, the 
Office of Election Administration of the Federal Election Commission 
shall develop national Voting Systems Specifications with respect to 
the voting systems requirement provided under section 301(a).
    (b) Provisional Voting Guidelines.--In accordance with the 
requirements of this title regarding provisional voting, the Civil 
Rights Division of the Department of Justice shall develop initial 
guidelines with respect to the provisional voting requirement provided 
for under section 301(b).
    (c) Sample Ballot Guidelines.--In accordance with the requirements 
of this title regarding sample ballots, the Civil Rights Division of 
the Department of Justice shall develop initial guidelines with respect 
to the sample ballot requirement provided for under section 301(c).

SEC. 303. REQUIRING STATES TO MEET REQUIREMENTS.

    (a) In General.--Subject to subsection (b), a State or locality 
shall meet the requirements of section 301 with respect to the 
regularly scheduled election for Federal office held in the State in 
2004 and each subsequent election for Federal office held in the State, 
except that a State is not required to meet the guidelines and 
technical specifications under section 302 prior to the publication of 
such guidelines and specifications.
    (b) Treatment of Activities Relating to Voting Systems Under Grant 
Program.--To the extent that a State has used funds provided under the 
Election Technology and Administration Improvement grant program under 
section 202(a) to purchase or modify voting systems in accordance with 
the State plan contained in its approved application under such 
program, the State shall be deemed to meet the requirements of section 
301(a).

SEC. 304. ENFORCEMENT BY ATTORNEY GENERAL.

    (a) In General.--The Attorney General may bring a civil action in 
an appropriate district court for such relief (including declaratory or 
injunctive relief) as may be necessary to carry out this title.
    (b) Action Through Office of Civil Rights.--The Attorney General 
shall carry out this section through the Office of Civil Rights of the 
Department of Justice.
    (c) Relation to Other Laws.--The remedies established by this 
section are in addition to all other rights and remedies provided by 
law.

                        TITLE IV--MISCELLANEOUS

SEC. 401. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--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 National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg et seq.).
            (2) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
            (3) The Voting Accessibility for the Elderly and 
        Handicapped Act (42 U.S.C. 1973ee et seq.).
            (4) The Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        1994 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 or any other requirements of 
such Act.




                                                       Calendar No. 239

107th CONGRESS

  1st Session

                                 S. 565

_______________________________________________________________________

                                 A BILL

 To establish the Commission on Voting Rights and Procedures to study 
  and make recommendations regarding election technology, voting, and 
 election administration, to establish a grant program under which the 
    Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
  in improving election technology and the administration of Federal 
  elections, to require States to meet uniform and nondiscriminatory 
   election technology and administration requirements for the 2004 
               Federal elections, and for other purposes.

_______________________________________________________________________

                           November 28, 2001

                       Reported without amendment