[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 797 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. RES. 797

    Recognizing the importance of implementing any and all measures 
   necessary to ensure a democratic, transparent, and fair election 
              process for the 2004 Presidential election.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2004

Ms. Eddie Bernice Johnson of Texas (for herself, Ms. Lee, Mr. Cummings, 
Ms. Corrine Brown of Florida, Mr. Owens, and Mr. Lantos) submitted the 
  following resolution; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                               RESOLUTION


 
    Recognizing the importance of implementing any and all measures 
   necessary to ensure a democratic, transparent, and fair election 
              process for the 2004 Presidential election.

Whereas the right to vote and to have one's vote counted is the cornerstone of 
        representative government;
Whereas the establishment of a democratic, transparent, and fair election 
        process for the 2004 Presidential election in the United States will 
        serve to restore the integrity of the electoral process;
Whereas in 2001 the United States Commission on Civil Rights examined evidence 
        from the controversial 2000 elections and drew conclusions about the 
        Federal Government's responsibility to ensure voting rights for all 
        people in the United States;
Whereas, based on reports of widespread voter disenfranchisement in Florida, the 
        Commission conducted an extensive public investigation into allegations 
        of voting irregularities in that State, and during 3 days of hearings 
        and sworn testimony from witnesses, including State officials, local 
        election officials, county supervisors, poll workers, and registered 
        voters, the Commission probed accounts of problematic machinery, 
        inaccessible polling places, and inexperienced poll workers;
Whereas, in testimony before the Committee on Rules and Administration of the 
        Senate, the Commission urged Congress to consider its recommendations 
        and to enact legislation that prescribes the duties of the Federal 
        Government and State governments to promote the exercise of the right to 
        vote;
Whereas, after conducting additional research and consulting other organizations 
        that also studied the 2000 Presidential election, the Commission issued 
        a report, ``Election Reform: An Analysis of Proposals and the 
        Commission's Recommendations for Improving America's Election System'', 
        that presented a comprehensive list of 18 recommendations for Federal 
        election reform designed specifically to protect the right to vote and 
        the right to have one's vote counted;
Whereas the recommendations in that report centered on ensuring polling place 
        access for all voters, holding officials more accountable, and reforming 
        systems that register voters and record their intent to ensure greater 
        accuracy;
Whereas key recommendations included establishing a higher level of 
        accountability for elections, developing national equipment and 
        procedural standards, requiring provisional ballots, providing access 
        for individuals with disabilities and limited English proficiency, 
        reinstating voting rights for felons, and improving poll worker training 
        and voter education;
Whereas the Help America Vote Act of 2002 included most of the recommendations 
        of the Commission;
Whereas implementation of the Act has been slow and Congress has not 
        appropriated the full level of funding authorized under such Act;
Whereas 41 States have requested and been granted extensions to 2006 for 
        implementation of such Act's requirements for computerized statewide 
        voter registration lists that are considered vital to protecting voting 
        rights;
Whereas 24 States have asked for and received from the Federal Government 
        waivers from the requirement of such Act to replace punch card and lever 
        machines;
Whereas it is the duty of government and public authorities at all levels to act 
        in a manner consistent with all laws and regulations governing election 
        procedures and to ensure free and fair elections throughout the entire 
        country, including preventing activities aimed at undermining the free 
        exercise of political rights;
Whereas a genuinely free and fair election requires a period of political 
        campaigning conducted in an environment in which neither administrative 
        action nor violence, intimidation, or detention hinder the parties, 
        political associations, or the candidates from presenting their views 
        and qualifications to the citizenry, organizing supporters, conducting 
        public meetings and events throughout the country, and enjoying access 
        to television, radio, print, and Internet media on a nondiscriminatory 
        basis;
Whereas a genuinely free and fair election requires that citizens be guaranteed 
        the right and effective opportunity to exercise their civil and 
        political rights, including the right to vote free from intimidation, 
        threats of political retribution, or other forms of coercion by national 
        or local authorities or others;
Whereas a genuinely free and fair election requires the full transparency of 
        laws and regulations governing elections and unobstructed access by 
        candidates, political parties, and domestic and international observers 
        to all election procedures; and
Whereas efforts by national and local officials and others acting to impose 
        obstacles to free assembly, free speech, and a free and fair political 
        campaign could call into question the fairness of the upcoming 
        Presidential elections: Now, therefore, be it
    Resolved, That the House of Representatives recognizes the 
importance of implementing any and all measures necessary to ensure 
that eligible citizens can vote and be assured of having their votes 
counted, including measures to ensure--
            (1) the full transparency of election procedures before, 
        during, and after the 2004 Presidential election;
            (2) free access for national and international election 
        observers;
            (3) a transparent process for complaint and appeals through 
        administrative procedures and within the court system that 
        provides timely and effective remedies; and
            (4) the vigorous prosecution of any individual or 
        organization responsible for violations of election laws or 
        regulations.
                                 <all>