[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1667 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1667
To establish a Vote by Mail grant program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2007
Mrs. Davis of California introduced the following bill; which was
referred to the Committee on House Administration, and in addition to
the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a Vote by Mail grant program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vote by Mail Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Supreme Court declared in Reynolds v. Sims that
``[i]t has been repeatedly recognized that all qualified voters
have a constitutionally protected right to vote . . . and to
have their votes counted.''.
(2) In the 2000 and 2004 presidential elections, voting
technology failures and procedural irregularities deprived some
Americans of their fundamental right to vote.
(3) In 2000, faulty punch card ballots and other equipment
failures prevented accurate vote counts nationwide. A report by
the Caltech/MIT Voting Technology Project estimates that
approximately 1,500,000 votes for president were intended to be
cast but not counted in the 2000 election because of equipment
failures.
(4) In 2004, software errors, malfunctioning electronic
voting systems, and long lines at the polls prevented accurate
vote counts and prevented some people from voting. For
instance, voters at Kenyon College in Gambier, Ohio waited in
line for up to 12 hours because there were only 2 machines
available for 1,300 voters.
(5) In 2006, election day problems plagued voters in a
number of States as well. For instance, in Denver, Colorado,
hundreds of voters were turned away when the database of
registered voters crashed. In Allegheny County, Pennsylvania,
malfunctioning machines and an inadequate number of provisional
ballots generated long lines, causing many voters to leave
without casting a vote.
(6) Under the Oregon Vote by Mail system, election
officials mail ballots to all registered voters at least 2
weeks before election day. Voters mark their ballots, seal the
ballots in both unmarked secrecy envelopes and signed return
envelopes, and return the ballots by mail or to secure drop
boxes. Once a ballot is received, election officials scan the
bar code on the ballot envelope, which brings up the voter's
signature on a computer screen. The election official compares
the signature on the screen and the signature on the ballot
envelope. Only if the signature on the ballot envelope is
determined to be authentic is the ballot forwarded on to be
counted.
(7) Oregon's Vote by Mail system has deterred voter fraud
because the system includes numerous security measures such as
the signature authentication system. Potential misconduct is
also discouraged by the power of the State to punish those who
engage in voter fraud with up to five years in prison, $100,000
in fines, and the loss of their vote.
(8) Oregon's Vote by Mail system promotes uniformity and
strict compliance with Federal and State voting laws because
ballot processing is centralized in county clerk's offices,
rather than at numerous polling places.
(9) Vote by Mail is one factor making voter turnout in
Oregon consistently higher than the average national voter
turnout. For example, Oregon experienced a record voting-age-
eligible population turnout of 70.6 percent in the 2004
presidential election, compared to 58.4 percent nationally.
Oregon's turnout of registered voters for that election was
86.48 percent.
(10) Women, younger voters, and homemakers also report that
they vote more often using Vote by Mail.
(11) Vote by Mail reduces election costs by eliminating the
need to transport equipment to polling stations and to hire and
train poll workers. Oregon has reduced its election-related
costs by 30 percent since implementing Vote by Mail.
(12) Vote by Mail allows voters to educate themselves
because they receive ballots well before election day, which
provides them with ample time to research issues, study
ballots, and deliberate in a way that is not possible at a
polling place.
(13) Vote by Mail is accurate--at least 2 studies comparing
voting technologies show that absentee voting methods,
including Vote by Mail systems, result in a more accurate vote
count.
(14) Vote by Mail results in more up-to-date voter rolls,
since election officials use forwarding information from the
post office to update voter registration.
(15) Vote by Mail allows voters to visually verify that
their votes were cast correctly and produces a paper trail for
recounts.
(16) In a survey taken 5 years after Oregon implemented the
Vote by Mail system, more than 8 in 10 Oregon voters said they
preferred voting by mail to traditional voting.
SEC. 3. DEFINITIONS.
In this Act:
(1) Election.--The term ``election'' means any general,
special, primary, or runoff election.
(2) Participating state.--The term ``participating State''
means a State receiving a grant under the Vote by Mail grant
program under section 4.
(3) Residual vote rate.--The term ``residual vote rate''
means the sum of all votes that cannot be counted in an
election (overvotes, undervotes, and otherwise spoiled ballots)
divided by the total number of votes cast.
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a territory or possession of the United States.
(5) Voting system.--The term ``voting system'' has the
meaning given such term under section 301(b) of the Help
America Vote Act of 2002 (42 U.S.C. 15481(b)).
SEC. 4. VOTE BY MAIL GRANT PROGRAM.
(a) Establishment.--Not later than 270 days after the date of
enactment of this Act, the Election Assistance Commission shall
establish a Vote by Mail grant program (in this section referred to as
the ``program'').
(b) Purpose.--The purpose of the program is to make implementation
grants to participating States solely for the implementation of
procedures for the conduct of all elections by mail at the State or
local government level.
(c) Limitation on Use of Funds.--In no case may grants made under
this section be used to reimburse a State for costs incurred in
implementing mail-in voting for elections at the State or local
government level if such costs were incurred prior to the date of
enactment of this Act.
(d) Application.--A State seeking to participate in the program
under this section shall submit an application to the Election
Assistance Commission containing such information, and at such time, as
the Election Assistance Commission may specify.
(e) Amount and Awarding of Implementation Grants; Duration of
Program.--
(1) Amount of implementation grants.--
(A) In general.--Subject to subparagraph (B), the
amount of an implementation grant made to a
participating State shall be, in the case of a State
that certifies that it will implement all elections by
mail in accordance with the requirements of subsection
(f), with respect to--
(i) the entire State, $2,000,000; or
(ii) any single unit or multiple units of
local government within the State, $1,000,000.
(B) Excess funds.--
(i) In general.--To the extent that there
are excess funds in either of the first 2 years
of the program, such funds may be used to award
implementation grants to participating States
in subsequent years.
(ii) Excess funds defined.--For purposes of
clause (i), the term ``excess funds'' means any
amounts appropriated pursuant to the
authorization under subsection (h)(1) with
respect to a fiscal year that are not awarded
to a participating State under an
implementation grant during such fiscal year.
(C) Continuing availability of funds after
appropriation.--An implementation grant made to a
participating State under this section shall be
available to the State without fiscal year limitation.
(2) Awarding of implementation grants.--
(A) In general.--The Election Assistance Commission
shall award implementation grants during each year in
which the program is conducted.
(B) One grant per state.--The Election Assistance
Commission shall not award more than 1 implementation
grant to any participating State under this section
over the duration of the program.
(3) Duration.--The program shall be conducted for a period
of 3 years.
(f) Requirements.--
(1) Required procedures.--A participating State shall
establish and implement procedures for conducting all elections
by mail in the area with respect to which it receives an
implementation grant to conduct such elections, including the
following:
(A) A process for recording electronically each
voter's registration information and signature.
(B) A process for mailing ballots to all eligible
voters.
(C) The designation of places for the deposit of
ballots cast in an election.
(D) A process for ensuring the secrecy and
integrity of ballots cast in the election.
(E) Procedures and penalties for preventing
election fraud and ballot tampering, including
procedures for the verification of the signature of the
voter accompanying the ballot through comparison of
such signature with the signature of the voter
maintained by the State in accordance with subparagraph
(A).
(F) Procedures for verifying that a ballot has been
received by the appropriate authority.
(G) Procedures for obtaining a replacement ballot
in the case of a ballot which is destroyed, spoiled,
lost, or not received by the voter.
(H) A plan for training election workers in
signature verification techniques.
(I) Plans and procedures to ensure that voters who
are blind, visually-impaired, or otherwise disabled
have the opportunity to participate in elections
conducted by mail and to ensure compliance with the
Help America Vote Act of 2002. Such plans and
procedures shall be developed in consultation with
disabled and other civil rights organizations, voting
rights groups, State election officials, voter
protection groups, and other interested community
organizations.
(J) Plans and procedures to ensure the translation
of ballots and voting materials in accordance with
section 203 of the Voting Rights Act of 1965 (42 U.S.C.
1973aa-1a)).
(g) Best Practices, Technical Assistance, and Reports.--
(1) In general.--The Election Assistance Commission shall--
(A) develop, periodically issue, and, as
appropriate, update best practices for conducting
elections by mail;
(B) provide technical assistance to participating
States for the purpose of implementing procedures for
conducting elections by mail; and
(C) submit to the appropriate committees of
Congress--
(i) annual reports on the implementation of
such procedures by participating States during
each year in which the program is conducted;
and
(ii) upon completion of the program
conducted under this section, a final report on
the program, together with recommendations for
such legislation or administrative action as
the Election Assistance Commission determines
to be appropriate.
(2) Consultation.--In developing, issuing, and updating
best practices, developing materials to provide technical
assistance to participating States, and developing the annual
and final reports under paragraph (1), the Election Assistance
Commission shall consult with interested parties, including--
(A) State and local election officials;
(B) the United States Postal Service;
(C) the Postal Regulatory Commission established
under section 501 of title 39, United States Code; and
(D) voting rights groups, voter protection groups,
groups representing the disabled, and other civil
rights or community organizations.
(h) Authorization of Appropriations.--
(1) Grants.--There are authorized to be appropriated to
award grants under this section, for each of fiscal years 2007
through 2009, $6,000,000, to remain available without fiscal
year limitation until expended.
(2) Administration.--There are authorized to be
appropriated to administer the program under this section,
$200,000 for the period of fiscal years 2007 through 2009, to
remain available without fiscal year limitation until expended.
(i) Rule of Construction.--Nothing in this Act may be construed to
authorize or require conduct prohibited under any of the following
laws, or to supersede, restrict, or limit the application of such laws:
(1) The Help America Vote Act of 2002 (42 U.S.C. 15301 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 National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(6) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
SEC. 5. STUDY ON IMPLEMENTATION OF MAIL-IN VOTING FOR ELECTIONS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller
General'') shall conduct a study evaluating the benefits of
broader implementation of mail-in voting in elections, taking
into consideration the annual reports submitted by the Election
Assistance Commission under section 4(g)(1)(C)(i) before
November 1, 2009.
(2) Specific issues studied.--The study conducted under
paragraph (1) shall include a comparison of traditional voting
methods and mail-in voting with respect to--
(A) the likelihood of voter fraud and misconduct;
(B) the accuracy of voter rolls;
(C) the accuracy of election results;
(D) voter participation in urban and rural
communities and by minorities, language minorities (as
defined in section 203 of the Voting Rights Act of 1965
(42 U.S.C. 1973aa-1a)), and individuals with
disabilities and by individuals who are homeless or who
frequently change their official residences;
(E) public confidence in the election system;
(F) the residual vote rate, including such rate
based on voter age, education, income, race, or
ethnicity or whether a voter lives in an urban or rural
community, is disabled, or is a language minority (as
so defined); and
(G) cost savings.
(3) Consultation.--In conducting the study under paragraph
(1), the Comptroller General shall consult with interested
parties, including--
(A) State and local election officials;
(B) the United States Postal Service;
(C) the Postal Regulatory Commission established
under section 501 of title 39, United States Code; and
(D) voting rights groups, voter protection groups,
groups representing the disabled, and other civil
rights or community organizations.
(b) Report.--Not later than November 1, 2009, the Comptroller
General shall prepare and submit to the appropriate committees of
Congress a report on the study conducted under subsection (a), together
with such recommendations for legislation or administrative action as
the Comptroller General determines to be appropriate.
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