[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 737 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 737

    To amend the Help America Vote Act of 2002 in order to measure, 
  compare, and improve the quality of voter access to polls and voter 
   services in the administration of Federal elections in the States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2007

   Mr. Obama introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
    To amend the Help America Vote Act of 2002 in order to measure, 
  compare, and improve the quality of voter access to polls and voter 
   services in the administration of Federal elections in the States.

    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 ``Voter Advocate and Democracy Index 
Act of 2007''.

SEC. 2. OFFICE OF THE VOTER ADVOCATE AND STATE REQUIREMENT TO REPORT 
              VOTER DATA.

    (a) Office of the Voter Advocate.--
            (1) In general.--Subtitle A of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding 
        at the end the following new part:

                 ``PART 4--OFFICE OF THE VOTER ADVOCATE

``SEC. 223. OFFICE OF THE VOTER ADVOCATE.

    ``(a) In General.--There is established within the Commission an 
Office of the Voter Advocate (in this section referred to as the 
`Office').
    ``(b) Duties.--The Office shall develop and administer a program 
to--
            ``(1) collect the voter data described in subsection (c) 
        from States with respect to each election for Federal office;
            ``(2) develop, refine, and publish a Democracy Index (as 
        described in subsection (f));
            ``(3) make grants to eligible entities under section 224; 
        and
            ``(4) provide recommendations to States to improve their 
        performance in the administration of Federal elections (as 
        determined based on a State-by-State comparison of the voter 
        data collected under paragraph (1)).
    ``(c) Voter Data Described.--The voter data described in this 
subsection includes any data the Office determines appropriate for 
developing or refining the Democracy Index published under subsection 
(b), which may include the following:
            ``(1) The amount of time spent by voters waiting in line.
            ``(2) The number of voters who appeared at, or were 
        incorrectly directed to, the wrong polling place.
            ``(3) The rate of voter ballots discarded or not counted, 
        and the reasons those voter ballots were discarded or not 
        counted.
            ``(4) Provisional voting rates, including the percentage of 
        provisional ballots that were cast and not counted and the 
        reasons those provisional ballots were not counted.
            ``(5) The number and a description of registration and 
        election day complaints, including any problems faced by 
        individual voters in becoming involved and effectively 
        participating in the process and the reasons given for such 
        problems.
            ``(6) The rate of voting system malfunctions and the time 
        required on average to put malfunctioning voting systems back 
        online or otherwise correct the malfunction, or to replace 
        them.
    ``(d) Consultation.--
            ``(1) In general.--In developing and refining the Democracy 
        Index published under subsection (b), the Office shall consult 
        an independent Board of Advisors (as described in paragraph 
        (2)).
            ``(2) Independent board of advisors.--The Independent Board 
        of Advisors consulted under paragraph (1) shall be composed of 
        20 members, selected by the Office from--
                    ``(A) the academic, nonprofit, and election 
                administration communities; and
                    ``(B) Citizen Advisors nominated by the chief State 
                election official of each State.
    ``(e) Coordination With States.--The Office may, in coordination 
with a State, select precincts within the State on a sample basis from 
which to draw the information described in subsection (c) in order to 
form statistical conclusions. In forming such statistical conclusions, 
the Office may append the information collected from the samples to 
other information provided by the State that was collected with respect 
to elections for Federal office in that State.
    ``(f) Democracy Index.--The Democracy Index published under 
subsection (b) shall include the information described in subsection 
(c) with respect to each election for Federal office, presented on a 
State-by-State basis that allows for--
            ``(1) comparisons and rankings between States along each 
        category of voter data collected under this section; and
            ``(2) an aggregate ranking of each State across all 
        categories of such voter data.
    ``(g) Report.--The Office shall submit an annual report to Congress 
and to chief State elections officials of each State that includes the 
voter data collected under subsection (b), together with any 
recommendations for--
            ``(1) improving the types of voter data that are collected 
        and included in the Democracy Index published under such 
        subsection; and
            ``(2) taking into consideration the voter data collected 
        under such subsection, legislation or administrative action to 
        improve State performance in the administration of Federal 
        elections (as determined based on a State-by-State comparison 
        of such voter data).

``SEC. 224. DEMOCRACY INDEX PILOT PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Office shall establish a Democracy 
        Index Pilot Program (in this section referred to as the `pilot 
        program') for calendar year 2008 to make grants to eligible 
        entities for the purpose of creating a Democracy Index 
        (consistent with the requirements of section 223).
            ``(2) Eligible entity.--In this section, the term `eligible 
        entity' means--
                    ``(A) a State;
                    ``(B) a nonprofit voting rights organization; and
                    ``(C) any other organization the Office determines 
                appropriate for the purpose of carrying out this 
                section.
            ``(3) Duration.--The pilot program shall be conducted with 
        respect to the general election for Federal office held in 
        2008.
    ``(b) Use of Funds.--A grant awarded under subsection (a) shall be 
used for the following purposes:
            ``(1) For the collection of voter data described in section 
        223(c) through survey research.
            ``(2) The development and implementation of innovative 
        proposals for adding--
                    ``(A) to the types of voter data collected under 
                such section; and
                    ``(B) efficient mechanisms for collecting such 
                voter data.
            ``(3) The development and use of methodologies to check 
        such voter data for accuracy and uniformity.
    ``(c) Publication of Program Scope and Measures.--Not later than 6 
months before the general election held in 2008, the Commission shall 
publish a description of the scope of the program, including--
            ``(1) the voter data that will be included in the Democracy 
        Index (consistent with the requirements of section 223); and
            ``(2) which States will receive a grant and participate in 
        the pilot program under this section.
    ``(d) Report.--Not later than 6 months after the regularly 
scheduled general election for Federal office held in 2008, the Office 
shall submit a report to Congress and each chief State election 
officials on the pilot program conducted under this section, together 
with recommendations for such legislation and administrative action as 
the Secretary determines appropriate.

``SEC. 225. FUNDING.

    ``There are authorized to be appropriated such sums as are 
necessary to carry out this part.''.
            (2) Conforming amendment.--The table of contents of the 
        Help America Vote Act of 2002 is amended by inserting after the 
        item relating to section 222 the following:

                 ``PART 4--Office of the Voter Advocate

``Sec. 223. Office of the Voter Advocate.
``Sec. 224. Democracy Index Pilot Program.
``Sec. 225. Funding.''.
    (b) State Requirement.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 is amended--
                    (A) by redesignating sections 304 and 305 as 
                sections 305 and 306, respectively; and
                    (B) by inserting after section 303 the following 
                new section:

``SEC. 304. REPORTING OF STATE VOTER DATA.

    ``(a) In General.--Each State shall submit to the Office of the 
Voter Advocate the voter data described in section 223(c) with respect 
to each election for Federal office. Such voter data shall be submitted 
at the time and place, and in the manner, requested by the Office of 
the Voter Advocate.
    ``(b) Effective Date.--This section shall apply with respect to 
general elections for Federal office held after 2008.''.
            (2) Enforcement.--Section 401 of the Help America Vote Act 
        of 2002 is amended by striking ``and 303'' and inserting ``303, 
        and 304''.
            (3) Conforming amendment.--The table of contents of the 
        Help America Vote Act of 2002 is amended--
                    (A) by redesignating the items relating to sections 
                304 and 305 as relating to sections 305 and 306, 
                respectively; and
                    (B) by inserting after the item relating to section 
                303 the following:

``Sec. 304. Reporting of State voter data.''.
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