[Congressional Record Volume 147, Number 36 (Monday, March 19, 2001)]
[Senate]
[Pages S2475-S2477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Daschle, Mr. Inouye, Mr. Dayton, 
        Mr. Kerry, and Mr. Kennedy):
  S. 565. A bill to establish the Commission Voting Rights and 
Procedures to study and make recommendations regarding election 
technology, voting, 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; to 
the Committee on Rules and Administration.
  Mr. DODD. Mr. President, today I am introducing legislation to 
address some of the glaring problems that occurred in the 2000 
elections with regard to technology and election administration. The 
Equal Protection of Voting Rights Act of 2001, and companion 
legislation introduced in the House by Congressman John Conyers, will 
provided much needed guidance, and funds, to state and local election 
officials to ensure that Federal elections are conducted in a manner 
that encourages participation and facilitates voting by all Americans 
in a nondiscriminatory manner.
  The right to vote is the cornerstone right in a Democracy. In the 
words of Thomas Paine, it is ``the primary right by which other rights 
are protected.'' Thirty-six years ago last week, on March 15, 1965, 
President Lyndon Johnson convened a Joint Session of Congress to call 
for passage of what ultimately became the Voting Rights Act. President 
Johnson spoke plainly and forcefully that evening. ``All Americans,'' 
he said, ``must have the right to vote. And we are going to give them 
that right. All Americans must have the privileges of citizenship 
regardless of race. And they are going to have those privileges of 
citizenship regardless of race.''
  Yet the sad message of this last election is that the privileges of 
citizenship have yet to be fully guaranteed to all Americans. Nor are 
the barriers to exercising this fundamental right limited to race. 
Inaccessible polling places and visual ballots disenfranchised the 
disabled and blind across this country. Complicated instructions and a 
lack of trained personnel discouraged language minorities and the 
elderly from fully exercising their right to vote. And even if voters 
wee able to get to the polling place, read the ballot and cast it, 
antiquated technology and insufficient machinery denied Americans of 
all races, languages, and physical abilities the right to have their 
vote counted. In short, what happened last November set off alarms 
across this Nation that threaten to undermine the integrity of our 
system of Democracy.
  The fact is, there is a fundamental flaw in our Federal elections 
system--and that flaw is the lack of federal direction, leadership, and 
resources provided to the States and localities to meet their 
responsibility as the administrators of Federal elections. What we 
learned last November is that it is not good enough to guarantee the 
right to vote, if procedures and technology prevent individuals from 
exercising that right. And it will take more than just the latest 
technology, or a new ``mouse-trap'' to fix the problem.
  The legislation Congressman Conyers and I are introducing--The Equal 
Protection of Voting Rights Act of 2001--is intended to secure the 
rights of all Americans to participate in our Democracy, by 
establishing 3 simple national requirements for Federal elections: (1) 
that voting systems and technology meet national standards; (2) that 
states provide for provisional voting; and (3) that states provide 
sample ballots and voting instructions to voters prior to election day. 
These requirements must be implemented by the 2004 federal elections, 
and this legislation provides funding to States and localities to fund 
the costs of implementing these requirements.
  This legislation also creates a temporary Commission to study 
numerous electin reform issues such election systems and ballot 
designs, access for the disabled, voter intimidation, access for absent 
military and overseas voters, the feasibility of a national holiday, 
and alternative methods of voting to facilitate participation. Within 1 
year of enactment, the Commission will adopt a final report, along with 
recommendations for best practices in the areas of convenient, 
accessible, nondiscriminatory election systems that accommodate voters 
with disabilities, the blind, and the limited-English speaking. The 
Commission will also make recommendations for how the Federal 
government, on an ongoing basis, can best provide assistance to State 
and local governments. Finally, the Commission will issue 
recommendations for best practices which will increase voter 
registration, the accuracy of voter rolls, and will improve voter 
education and the training of election personnel and volunteers.
  Finally, my legislation provides grant money, administered by the 
Department of Justice, to states and localities to implement the 3 
national requirements for the 2004 and subsequent elections. In order 
to encourage the States and localities to act to improve voting systems 
and election administration procedures prior to the 2004 elections, the 
bill allows States and localities to apply for grants to replace voting 
equipment and technology and make it accessible to those with 
disabilities, the blind, and those with limited-English proficiency, to 
implement new administrative procedures to increase participation and 
reduce disenfranchisement of minorities; to educate voters and train 
election personnel and volunteers; and to implement recommendations of 
the Commission. To be eligible for grant funds, a State must submit a 
plan providing for uniform, nondiscriminatory voting systems that 
ensure accessibility for all voters; provides for the accuracy of 
voting records; and provides for voter education and personnel 
training.
  The Equal Protection of Voting Rights Act of 2001 is endorsed by the 
following organizations: The National Association for the Advancement 
of Colored People (NAACP); the AFL-CIO; The National Federation of the 
Blind; the National Council of La Raza; the American Civil Liberties 
Union; and the Leadership Conference on Civil Rights.
  The issues highlighted in the last election are not a Democratic or a 
Republican problem. They are an American problem and the solutions to 
these problems must be, appropriately, nonpartisan to succeed.

[[Page S2476]]

  The Committee on Rules and Administration, on which I serve as 
Ranking Member, has already held one day of hearings on the topic of 
Election Reform. What became clear from those hearings is that there is 
a bipartisan recognition that States and localities need assistance to 
enable them to efficiently, and effectively, administer Federal 
elections on a nondiscriminatory basis. I would submit that such 
assistance needs to take the form of both Federal election requirements 
for nondiscriminatory, inclusive voting systems, provisional voting, 
and sample ballot and voting instructions, as well as the financial 
resources to implement such requirements.
  I stand ready to work with colleagues on both sides of the aisle to 
fashion bipartisan legislation to ensure that all citizens can 
participate in this Democracy. I urge my colleagues to cosponsor this 
legislation and look forward to additional hearings in the Rules 
Committee on this and other election reform proposals.
  I ask unanimous consent that a section-by-section analysis of the 
bill be included in the Record following my written remarks.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Section-by-Section Analysis of Equal Protection of Voting Rights Act of 
                                  2001


   title i--establishment of commission on voting rights & procedures

       Sec. 101.--Establishment of the Commission.
       Sec. 102.--Membership of the Commission.
       Number and Appointment.--the Commission is composed of 12 
     members, appointed for the life of the Commission, with 6 
     appointed by the President and 3 appointed by the Senate 
     Minority Member (unless of the same party as the President, 
     and then by the Senate Majority Leader), and 3 appointed by 
     the House Minority Leader (unless of the same party as the 
     President, and then by the House Majority Leader); the 
     Chairperson and Vice Chairperson are election by the 
     Commission and may not be affiliated with the same political 
     party; all meetings shall be at the call of the chair and a 
     majority of the members of the Commission shall constitute a 
     quorum, but a lesser number may hold hearings.
       Sec. 103.--Duties of the Commission.
       (a) Study.--The Commission shall conduct a study of the 
     following issues: election technology and systems; design/
     uniformity of ballots; access to ballots and polling places 
     for the disabled/visually impaired/limited-English speakers; 
     capacity of voting systems/sufficiency of the number of 
     machines to serve voters; voter registration and standards 
     for reenfranchisement; alternative voting methods (internet); 
     voter intimidation; accuracy of voting procedures and 
     technology; voter/poll worker education and training; access 
     for overseas and military voters; feasibility of establishing 
     a Federal or state holiday; feasibility of establishing 
     modified polling hours; and appropriate role for the Federal 
     government to provide assistance to states & localities and 
     whether a new agency is needed.
       (b) Recommendations.--The Commission shall develop 
     recommendations of best practices for:
       (1) Voting and election administration which: are 
     nondiscriminatory and accommodate the disabled/vision 
     impaired/limited-English speaking; yield the broadest 
     participation; and produce accurate results.;
       (2) assistance in Federal elections, which provide the best 
     method for the Federal government to provide on-going, 
     permanent assistance; whether an existing or new Federal 
     agency is required; and
       (3) voter participation in Federal elections to increase 
     voter registration; increase accuracy of voter rolls and 
     participation; to improve voter education; and to improve 
     training of election personnel and volunteers.
       (c) Reports.--a final report and recommendations are due 1 
     year after enactment; interim reports are authorized; 
     recommendations must be adopted by majority vote of the 
     Commission with minority opinions included in the report.
       Sec. 104.--Powers of the Commission.
       The Commission may: hold hearings/issue subpoenas/pay 
     witnesses/accept gifts; and secure administrative support and 
     information from Federal agencies upon joint request of the 
     chair and vice-chair.
       Sec. 105.--Commission Personnel Matters.
       The Commission members, who are not Federal employees, are 
     compensated at the rate for level IV, Executive Schedule; are 
     allowed travel expenses, as per Title 5; may make use of 
     detailed employees and procure consultant services on the 
     joint action of the chair and vice-chair; and may appointed/
     terminate an executive director on the joint action of the 
     chair and vice-chair.
       Sec. 106.--Termination of the Commission.
       The Commission terminates within 45 days of issuance of the 
     final report and recommendations.
       Sec. 107.--Authorization of Appropriations for the 
     Commission.
       Such sums as are necessary to carry out the title are 
     authorized to 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, in consultation with 
     the Federal Election Commission, make grants to States and 
     localities.
       (b) Action Through the Office of Justice Programs and 
     Assistant Attorney General for Civil Rights--The Attorney 
     General acts through the Office of Justice Programs and the 
     Assistant Attorney General for Civil Rights.
       Sec. 202.--Authorized Activities.
       (a) In General.--States and localities may use grant 
     payments:
       (1) to improve, acquire, or replace voting equipment or 
     technology and improve the accessibility of polling places 
     for persons with disabilities, including nonvisual access for 
     voters with visual impairments and assistance to voters with 
     limited English proficiency;
       (2) to implement new election administration procedures to 
     increase participation and reduce disenfranchisement, 
     including ``same-day'' voter registration;
       (3) to educate voters and train election personnel;
       (4) to implement the final recommendations of the 
     Commission.
       (b) Requirements for Election Technology and 
     Administration.--States and localities may use grant 
     payments:
       (1) to implement the national voting system requirements 
     under 301(a);
       (2) to implement the national provisional voting 
     requirements under 301(b);
       (3) to implement the national sample ballot requirements 
     under 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, in 
     consultation with the Federal Election Administration, 
     establishes general policies for grant applications.
       (b) Criteria.--the Attorney General establishes criteria 
     for State plans; state plans must include each of the 
     following:
       (A) uniform nondiscriminatory voting standards within the 
     State for election administration and technology that--
       (i) meet the national requirements for voting systems, 
     provisional voting, and sample ballots;
       (ii) provide access for the disabled, the vision impaired, 
     and voters of limited English proficiency;
       (iii) provide for ease and convenience of voting, including 
     accuracy, non-intimidation, and non-discrimination;
       (iv) ensure compliance with the Voting Accessibility for 
     the Elderly and Handicapped Act;
       (v) ensure compliance with the Voting Rights Act;
       (vi) ensure compliance with the National Voter Registration 
     Act;
       (vii) ensure access for overseas and absent military 
     voters;
       (B) provide for accuracy of records and prevent purging 
     that will result in legal voters being eliminated;
       (C) provide for voter education and election worker 
     training;
       (D) provide an effective means of notifying voters of their 
     rights; and
       (E) provide a timetable for meeting the elements of the 
     plan.
       Sec. 204.--Submission of Application of States and 
     Localities.
       (a) Submission of Applications by States.--The chief 
     executive office of the State submits the grant application 
     along with the state plan, which is developed in consultation 
     with State and local election officials and must make 
     available to the public for review and comment before 
     submission.
       (b) Submission of Applications by Localities.--If a State 
     has submitted an application under (a), a locality may submit 
     a grant application that is consistent with the State plan, 
     does not duplicate funding received under the State 
     application.
       Sec. 205.--Approval of Applications of States and 
     Localities.
       (a) Approval of State Applications.--A State plan received 
     by the Attorney General must be published in the Federal 
     Register and subject to public comments; 30 days after 
     publication, taking into consideration any comments received, 
     the Attorney General, in consultation with the Federal 
     Election Commission, approves or disapproves the State plan.
       (a) Approval of Applications of Localities.--If the 
     Attorney General approves the application of a State, then 
     the Attorney General, in consultation with the Federal 
     Election Commission, can approve an application by a locality 
     of that State.
       Sec. 206.--Federal Matching Funds.
       The Attorney General shall pay the Federal share of grants; 
     Federal Share.--in general, the Federal share is 80%, but the 
     Attorney General may waive that amount and increase the 
     Federal share; Incentive for Early Action.--the Federal share 
     shall be 90% for applications received by March 1, 2002; and 
     Reimbursement for Cost of Meeting Requirements.--100% for 
     costs incurred to meet the national requirements under Title 
     III.
       Sec. 207.--Audits and Examinations of States and 
     Localities.
       The Attorney General, in consultation with the Federal 
     Election Commission, shall specify what records grant 
     recipients must maintain in order to allow for audits.
       Sec. 208.--Reports to Congress and the Attorney General.

[[Page S2477]]

       The Attorney General submits reports to the Congress 
     annually starting in 2003 describing the activities funded by 
     the grants and any recommendations for legislative or 
     administrative action and grant recipients shall submit any 
     reports to the Attorney General as the Attorney General 
     considers appropriate.
       Sec. 209.--Definitions of State and Locality.
       The term ``State'' refers to the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, 
     American Samoa, Guam and the United States Virgin Islands' 
     the term ``locality'' means a political subdivision of a 
     State.
       Sec. 210.--Authorization of Appropriations.
       (a) Authorization.--There are authorized to the Department 
     of Justice and the Federal Election Commission for FY 2002, 
     2003, 2004, 2005 and 2006, such sums as are necessary for 
     awarding grants and paying administrative expenses and 
     carrying out the provisions of the Act.
       (b) Limitation.--administrative expenses may not exceed 
     more than 1% of funds.
       (c) Supplemental Appropriations.--Supplemental 
     appropriations for FY 2001 are authorized.

    Title III--Requirements for Election Technology & Administration

       Sec. 301.--Uniform and Nondiscriminatory Requirements for 
     election Technology and Administration.
       (a) Voting Systems.--Each voting system used in a Federal 
     election shall meet the following requirements:
       (1) shall permit the voter to verify and correct votes 
     selected before the ballot is cast and tabulated;
       (2) shall notify the voter of the effects of casting more 
     than 1 vote for a candidate [over votes] and allow the voter 
     to correct the ballot before it is cast and tabulated;
       (3) shall notify the voter of the effects of not voting for 
     all of the candidates [under votes] and allow the voter to 
     correct the ballot before it is cast and tabulated;
       (4) shall produce an audit trail;
       (5) shall be accessible for individuals with disabilities 
     and other individuals with special needs, including providing 
     nonvisual access for the blind and visually impaired, which 
     provides the same opportunity for access and participation 
     (including privacy and independence) as for other voters, and 
     provides alternative language accessibility for voters with 
     limited English proficiency; and
       (6) has an error rate in counting and tabulating ballots 
     that does not exceed the current error rate standards 
     established by the Voting systems Standards of the Office of 
     Election Administration of the Federal Elections 
     Administration.
       (b) Provisional Voting.--Each State must provide for 
     provisional voting in a Federal election so that if the name 
     of a voter who declares to be a registered eligible voter 
     does not appear on the official list, or if it is otherwise 
     asserted that the individual is not eligible to vote--
       (1) an election official shall notify the individual that 
     the voter may cast a provisional ballot;
       (2) the individual shall be permitted to cast a vote upon 
     written affirmation, before an election official, by the 
     individual that he/she is eligible to vote;
       (3) an election official shall transfer the ballot to the 
     appropriate State or local official for prompt verification;
       (4) if the appropriate State or local official verifies the 
     affirmation, the vote shall be tabulated; and
       (5) the individual shall be notified in writing of the 
     final disposition of the declaration and treatment of the 
     vote.
       (c) Sample Ballot.--(1) Not later than 10 days before a 
     Federal election, the appropriate election official shall 
     mail a sample version of the ballot to each registered voter, 
     along with:
       (A) information on the date of the election and the polling 
     hours;
       (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 effectuate 
     those rights
       (2) Publication and Posting.--not later than 10 days before 
     a Federal election, the sample ballot which is mailed to each 
     voter shall be published in a newspaper of general 
     circulation and posted publicly at each polling place.
       Sec. 302.--Guidelines and Technical Specifications.
       (a) Voting Systems Requirement Specifications.--The Office 
     of Election Administration of the Federal Election Commission 
     shall develop national Voting Systems Specifications with 
     respect to the voting systems requirement under 301.
       (b) Provisional Voting Guidelines.--The Civil Rights 
     Division of the Department of Justice shall develop initial 
     guidelines with respect to the provisional voting requirement 
     under 301.
       (c) Sample Ballot Guidelines.--The Civil Rights Division of 
     the Department of Justice shall develop initial guidelines 
     with respect to the sample ballot requirement under 301.
       Sec. 303--Requiring States to Meet Requirements.
       (a) In General.--a State or locality must meet the 
     requirements for voting systems, provisional voting and 
     sample ballots with respect to the regularly scheduled 
     election for Federal office held in the State in 2004, except 
     that if guidelines and technical specifications have not been 
     published, such guidelines and specifications do not have to 
     be complied with until published.
       (b) Treatment of Activities Relating to Voting Systems 
     Under Grant Program.--If a State has received grant funds to 
     purchase or modify voting systems in accordance with a state 
     plan, the State shall be deemed to meet the requirement of 
     section 301(a).
       Sec. 304.--Enforcement by Attorney General.
       The Attorney General may bring a civil action for 
     appropriate relief (including declaratory or injunctive 
     relief) as may be necessary to carry out this title.

                        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;
       (2) The Voting Rights Act of 1965;
       (3) The Voting Accessibility for the Elderly and 
     Handicapped Act;
       (4) The Uniformed and Overseas Citizens Absentee Voting 
     Act;
       (5) The Americans with Disabilities Act of 1990.
       (b) No Effect on Preclearance or Other Requirements Under 
     Voting Rights Act.--the approval by the Attorney General of a 
     State's grant application 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.
                                 ______