[Congressional Record Volume 147, Number 12 (Tuesday, January 30, 2001)]
[Senate]
[Pages S777-S780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself, Mr. Harkin, Mr. Biden, and Mr. 
        Jeffords):
  S. 216. A bill to establish a Commission for the comprehensive study 
of voting procedures in Federal, State, and local elections, and for 
other purposes; to the Committee on Rules and Administration.
  Mr. SPECTER. Mr. President, I have sought recognition to introduce 
legislation which seeks to modernize Federal election voting procedures 
throughout the United States. The 2000 election saga is now over and, 
in the words of President John F. Kennedy, ``Our task now is not to fix 
the blame for the past, but to fix the course for the future.''
  I believe that had we studied our country's voting and monitoring 
procedures after President Kennedy's election, we would have in place 
today a uniform Federal election system that would have avoided the 
very problem presented in Florida. The presidential election of the 
year 2000 has drawn attention to several issues relating to current 
voting technologies. The central question is, how can we ensure fair, 
reliable, prompt and secure voting procedures?
  In this electronic age--in a nation that has put a man on the moon 
and an ATM machine on every corner --we have no excuse not to ensure 
that we have an accurate voting system in which every person's vote 
counts. Thousands of my Pennsylvania constituents raise similar 
questions relating to the paradox of the ``Internet age'' and 
antiquated voting procedures. In order to move the voting process to 
the point we expect in the 21st century, we must establish a system 
that will improve the integrity of elections and facilitate faster, 
more accurate results and overcome the weaknesses of older election 
technology.
  It is not really practical for someone to layout an entire bill with 
the precise procedures to implement these objectives, but it seems to 
me that it will be useful to establish a Commission which would take up 
the question of how to reform our Federal election procedures. On 
November 14, 2000, the first legislative day following the presidential 
election, I introduced legislation addressing the issue of modernizing 
our voting procedures. Today, I am reintroducing essentially the same 
bill with my distinguished colleague, Senator Harkin, as the lead 
cosponsor. This bill would establish a Commission for the Comprehensive 
Study of Voting Procedures which would take up the very question of the 
best methods to ensure accurate, electronic, and timely reporting of 
vote counts. The Commission would then submit a report to the President 
and Congress which would include recommendations to reform or augment 
current voting procedures for Federal elections. Further, this bill 
would authorize matching grants for States and localities to implement 
the Commission's recommendations in relation to Federal elections. 
Congress should address this issue as least as to Federal elections, 
leaving the matters of State and local elections to State officials 
under Federalist concepts.
  Specifically, my bill would create a 6 member Commission with the 
President, Senate Majority Leader, Senate Minority Leader, Speaker of 
the House, and House Minority Leader each appointing one member; and 
the Director of the Office of Election Administration of the Federal 
Election Commission serving as a advisory, non-voting member. The 
Commission would conduct a thorough study of all issues relating to 
voting procedures in Federal, State, and local elections, including the 
following: (1) Voting procedures in Federal, State, and local 
government elections; (2) Current voting procedures which represent the 
best practices in Federal, State, and local government elections; (3) 
Current legislation and regulatory efforts which affect voting 
procedures; (4) Implementing standardized voting procedures, including 
technology, for Federal, State, and local government elections; (5) 
Speed and timeliness of reporting vote counts in Federal, State, and 
local government elections; (6) Accuracy of vote counts in Federal, 
State, and local government elections; (7) Security of voting 
procedures in Federal, State, and local

[[Page S778]]

government elections; (8) Accessibility of voting procedures for 
individuals with disabilities and the elderly; and (9) Level of 
matching grant funding necessary to enable States and localities to 
implement the recommendations of the Commission for the modernization 
of State and local voting procedures. The details of this bill are 
incorporated in the attached section-by-section analysis.
  Studies have shown that more than half of the nation's registered 
voters are currently using outdated voting systems. A recent USA Today 
article noted that most voters across our country still punch paper 
ballots, even though experts say that system is more vulnerable to 
voter error than any other. In addition, approximately 20% of voters 
use mechanical-lever machines that are no longer manufactured, while 
more than 25% of voters fill in a circle, square, or arrow next to 
their choice of candidates on a ballot.
  My bill is necessary to prevent a recurrence of the problems that 
threatened the 2000 presidential election whose problems could have 
been avoided if we had modernized voting and monitoring procedures. 
Voting is the fundamental safeguard of our democracy and we have the 
technological power to ensure that every person's vote does count. The 
time is now to repair the problems of our patchwork system in order to 
restore the faith of American voters in our Federal election process. 
Mr. President, I ask that the full text of the bill and a section by 
section analysis be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 216

       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 ``Commission on the 
     Comprehensive Study of Voting Procedures Act of 2001''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Americans are increasingly concerned about current 
     voting procedures;
       (2) Americans are increasingly concerned about the speed 
     and timeliness of vote counts;
       (3) Americans are increasingly concerned about the accuracy 
     of vote counts;
       (4) Americans are increasingly concerned about the security 
     of voting procedures;
       (5) the shift in the United States is to the increasing use 
     of technology which calls for a reassessment of the use of 
     standardized technology for Federal elections; and
       (6) there is a need for Congress to establish a method for 
     standardizing voting procedures in order to ensure the 
     integrity of Federal elections.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       There is established the Commission on the Comprehensive 
     Study of Voting Procedures (in this Act referred to as the 
     ``Commission'').

     SEC. 4. DUTIES OF THE COMMISSION; MATCHING GRANT PROGRAM.

       (a) Study.--Not later than 1 year after the date on which 
     all of the members of the Commission have been appointed 
     under section 5, the Commission shall complete a thorough 
     study of all issues relating to voting procedures in Federal, 
     State, and local elections, including the following:
       (1) Voting procedures in Federal, State, and local 
     government elections.
       (2) Voting procedures that represent the best practices in 
     Federal, State, and local government elections.
       (3) Legislation and regulatory efforts that affect voting 
     procedures issues.
       (4) The implementation of standardized voting procedures, 
     including standardized technology, for Federal, State, and 
     local government elections.
       (5) The speed and timeliness of vote counts in Federal, 
     State and local elections.
       (6) The accuracy of vote counts in Federal, State and local 
     elections.
       (7) The security of voting procedures in Federal, State and 
     local elections.
       (8) The accessibility of voting procedures for individuals 
     with disabilities and the elderly.
       (9) The level of matching grant funding necessary to enable 
     States and localities to implement the recommendations made 
     by the Commission under subsection (b) for the modernization 
     of State and local voting procedures.
       (b) Recommendations.--The Commission shall develop 
     recommendations with respect to Federal elections matters.
       (c) Reports.--
       (1) Final report.--Not later than 180 days after the 
     expiration of the period referred to in subsection (a), the 
     Commission shall submit a report, that has been approved by a 
     majority of the members of the Commission, to the President 
     and Congress which shall contain a detailed statement of the 
     findings and conclusions of the Commission, together with its 
     recommendations for such legislation and administrative 
     actions as it considers appropriate.
       (2) Interim reports.--The Commission may submit to the 
     President and Congress any interim reports that are approved 
     by a majority of the members of the Commission.
       (3) Additional reports.--The Commission may, together with 
     the report submitted under paragraph (1), submit additional 
     reports that contain any dissenting or minority opinions of 
     the members of the Commission.
       (d) Matching Grant Program.--
       (1) Authority.--After the submission of the final report 
     under subsection (c)(1), the Attorney General, acting through 
     the Assistant Attorney General for the Office of Justice 
     Programs, shall award grants to State and local governments 
     to enable such governments to implement the recommendations 
     made by the Commission under subsection (b).
       (2) Application.--To be eligible to receive a grant under 
     paragraph (1), a State or local government shall prepare and 
     submit to the Attorney General an application at such time, 
     in such manner, and containing such information as the 
     Attorney General may require including an assurance that the 
     applicant will comply with the requirements of paragraph (3).
       (3) Matching funds.--The Attorney General may not award a 
     grant to a State or local government under this subsection 
     unless the government agrees to makes available (directly or 
     through donations from public or private entities) non-
     Federal contributions toward the activities to be conducted 
     under the grant in an amount equal to not less than $1 for 
     each $1 of Federal funds provided under the grant.
       (4) Amount of grant.--The Attorney General shall determine 
     the amount of each grant under this subsection based on the 
     recommendations made by the Commission under subsection (b).
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, the amounts 
     recommended for each fiscal year by the Commission under 
     subsection (b) as being necessary for the modernization of 
     State and local voting procedures with respect to Federal 
     elections.

     SEC. 5. MEMBERSHIP.

       (a) Number and Appointment.--The Commission shall be 
     composed of--
       (1) five voting members of whom--
       (A) one shall be appointed by the President;
       (B) one shall be appointed by the majority leader of the 
     Senate;
       (C) one shall be appointed by the minority leader of the 
     Senate;
       (D) one shall be appointed by the Speaker of the House of 
     Representatives; and
       (E) one shall be appointed by the minority leader of the 
     House of Representatives; and
       (2) the Director of the Office of Election Administration 
     of the Federal Election Commission who shall be an advisory, 
     nonvoting member.
       (b) Date of Appointment.--The appointments of the members 
     of the Commission shall be made not later than 30 days after 
     the date of enactment of this Act.
       (c) Terms.--Each member of the Commission shall be 
     appointed for the life of the Commission.
       (d) Vacancies.--A vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (e) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the Chairperson or a majority if its members.
       (2) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (g) Chairperson and Vice Chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among its 
     members.

     SEC. 6. POWERS OF THE COMMISSION.

       (a) Hearings and Sessions.--The Commission may hold such 
     hearings for the purpose of carrying out this Act, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this Act. The Commission may administer oaths 
     and affirmations to witnesses appearing before the 
     Commission.
       (b) 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 Act. Upon request of the Chairperson of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (c) Website.--For purposes of conducting the study under 
     section 4(a), the Commission shall establish a website to 
     facilitate public comment and participation.
       (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.
       (e) Administrative Support Services.--Upon the request of 
     the Chairperson of the Commission, the Administrator of the 
     General Services Administration shall provide to the 
     Commission, on a reimbursable basis, the

[[Page S779]]

     administrative support services that are necessary to enable 
     the Commission to carry out its duties under this Act.
       (f) Contracts.--The Commission may contract with and 
     compensate persons and Federal agencies for supplies and 
     services without regard to section 3709 of the Revised 
     Statutes (42 U.S.C. 5).
       (g) Gifts and Donations.--The Commission may accept, use, 
     and dispose of gifts or donations of services or property to 
     carry out this Act.

     SEC. 7. 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 of the Commission 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 of the Commission 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 of 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. 8. LIMITATION ON CONTRACTING AUTHORITY.

       Any new contracting authority provided for in this Act 
     shall be effective only to the extent, or in the amounts, 
     provided for in advance in appropriations Acts.

     SEC. 9. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 4.

     SEC. 10. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to prohibit the 
     enactment of an Act with respect to voting procedures during 
     the period in which the Commission is carrying out its duties 
     under this Act.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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


Section-by-Section Analysis--The Commission for the Comprehensive Study 
                    of Voting Procedures Act of 2001

       Sections 1-2. Denotes the title of the bill and enumerates 
     the findings, which include increasing concern over voting 
     procedures; increasing concern over the speed, timeliness, 
     and accuracy of voting counts; increasing use of technology 
     by American citizens; and increasing need for standardized 
     voting technology and standardized voting procedures in 
     Federal elections.
       Section 3. Establishes the Commission for the Comprehensive 
     Study of Voting Procedures.
       Section 4. Directs the Commission to conduct a study of 
     issues relating to voting procedures, which should take no 
     more than one year from the appointment of the full 
     Commission and should include the following:
       Monitoring voting procedures in Federal, State, and local 
     government elections;
       Current voting procedures which represent the best 
     practices in Federal, State, and local government elections;
       Current legislation and regulatory efforts which affect 
     voting procedures issues;
       Implementing standardized voting procedures, including 
     standardized technology, for Federal, State, and local 
     government elections;
       Speed and timeliness of reporting vote counts in Federal, 
     State, and local government elections;
       Accuracy of vote counts in Federal, State, and local 
     government elections;
       Security of voting procedures in Federal, State, and local 
     government elections;
       Accessibility of voting procedures for individuals with 
     disabilities and the elderly;
       Level of matching grant funding necessary to enable States 
     and localities to implement the recommendations of the 
     Commission for the modernization of State and local voting 
     procedures.
       Requires the Commission to submit a report to Congress on 
     its findings, including any recommendations for legislation 
     to reform or augment current voting procedures, within 180 
     days of completing their study.
       Establishes a matching grant program for States and 
     localities under the Assistant Attorney General for the 
     Office of Justice Programs, following the submissions of the 
     Commission's final report. Also, authorizes an amount to be 
     appropriated as the Commission finds necessary for States and 
     localities to implement the recommendations of the Commission 
     with respect to Federal elections.
       Section 5. Specifies the membership of the Commission. 
     Stipulates that the Commission consist of 6 members appointed 
     as follows:
       1 by the President
       1 by the Senate Majority Leader
       1 by the Senate Minority Leader
       1 by the Speaker of the House
       1 by the House Minority Leader
       the Director of the Office of Election Administration of 
     the Federal Election Commission.
       Sections 6-7. Authorizes powers to the Commission, 
     establishes a Web site to facilitate public participation and 
     comment, and provides for the hiring of a Director and staff.
       Section 8-9. Limits the contracting authority of the 
     Commission to those provided under appropriations and 
     specifies that the Commission terminate 30 days after the 
     final report is submitted.
       Section 10-11. Specifies the caveat that the Act will not 
     prohibit the enactment of legislation on voting procedure 
     issues during the existence of the Commission and authorizes 
     appropriations.

  Mr. HARKIN. Mr. President, I am pleased to join with Senator Specter 
on the introduction of the Commission on the Comprehensive Study of 
Voting Procedures Act of 2001. This measure is very similar to the one 
we introduced soon after last year's election. I think that we can all 
agree that this year's Presidential election has exposed a number of 
serious flaws in Florida's voting system, as well as in those of many 
states around the country.
  First, thousands of ballots were not counted due to voter error. Some 
people voted for two candidates. Some voted for no candidate. And 
thousands who voted for just one candidate did so in such a way that 
their ballots could not be accurately read by vote-counting machines.
  Second, the systems we traditionally use to decide elections--systems 
that can determine the results of an election that is won by one 
percent or two percent or five percent of the vote--simply aren't 
accurate enough to decide an election based on a margin of just 
hundredths of one percent. For example, ask any election expert in the 
country, and they'll tell you that punch card machines just aren't up 
to such a task. The press late last year was filled with reports and 
analysis showing that punch card systems have a far greater proportion 
of undercounted votes than other systems.
  We also now know that butterfly ballots were not the wisest idea. And 
it's not just a matter of avoiding that particular design. We've also 
got to develop a mechanism to ensure that ballots are designed in ways 
that voter error is minimized. In addition, we learned that some 
Floridians thought they were registered to vote. However, when they 
arrived at the polls, they found that their names were not listed on 
the registration roles. These citizens were not allowed to vote in 
Florida.
  Clearly, our voting system has flaws. However there's nothing wrong 
with our voting system that can't be fixed by what's right with it. For 
example, in Iowa, we have a law that allows any potential voter who is 
not found on the registration roles to cast a ``challenged ballot.'' 
This challenged ballot is like an absentee ballot. It's put in an 
envelope, and election officials spend the days immediately after the 
election rechecking registration roles for clerical errors.
  If an error was made, and a person was indeed registered to vote, 
then his or her challenged ballot is counted. This isn't a perfect 
solution, but it ensures that fewer people fall through the

[[Page S780]]

cracks. And there are more creative answers like this just waiting to 
be discovered in innovative, forward-thinking counties throughout 
America. That's why Senator Specter and I have introduced a bill 
designed to revamp our election systems to make them as clear, 
accessible and accurate as possible.

  The Specter-Harkin bill establishes a bipartisan commission which 
would spend one year examining election practices throughout America. 
The Commission would seek to discover the strengths and weaknesses in 
our election system in order to determine the best course of action for 
the future.
  The Commission would specifically be responsible for studying the 
following:
  (1) Voting procedures in Federal, State, and local government 
elections.
  (2) Voting procedures that represent the best practices in Federal, 
State, and local government elections.
  (3) Legislation and regulatory efforts that affect voting procedures 
issues.
  (4) The implementation of standardized voting procedures, including 
standardized technology for Federal, State, and local government 
elections.
  (5) The speed and timeliness of vote counts in Federal, State and 
local elections.
  (6) The accuracy of vote counts in Federal, State and local 
elections.
  (7) The security of voting procedures in Federal, State and local 
elections.
  (8) The accessibility of voting procedures for individuals with 
disabilities and the elderly.
  (9) The level of matching grant funding necessary to implement the 
Commission's recommendations.
  Lastly, the bill authorizes a one-to-one matching grant program 
subject to the appropriation of the funds.
  The commission would seek to answer questions like the following: 
What are the latest innovations in voting technology? What are the best 
failsafe systems we can install to alert voters that they've voted for 
too many candidates or too few? Are we doing everything we can to make 
our voting system accessible to the elderly, people with disabilities, 
and others with special needs?
  The next Presidential election is less than four years away. By 
allotting 12 full months for the Commission to study our voting 
systems, we'll leave time for the Commission to finish a report and 
submit it to Congress for review and passage, and to allow Federal, 
State and local governments to pass and implement new voting 
legislation. But the timeline is tight, and we must move forward 
quickly.
  Clearly, when it comes to voting, local officials should have 
discretion in their precincts. But at the very least, we must establish 
minimum standards for accessibility and accuracy in order to ensure a 
full, fair and precise count. We also need clear guidelines regarding 
the recounting of votes in very close elections. Each vote is an 
expression of one American's will, and we cannot deny anyone that 
fundamental right to shape our democracy.
  There will always be conflicting views about what happened in 
Florida. And we'll probably never come to complete agreement on the 
results. But let us move forward and work together to minimize voting 
inaccuracies in the future and ensure every American's right to be 
heard.
                                 ______