[Congressional Record Volume 147, Number 172 (Wednesday, December 12, 2001)]
[House]
[Pages H9264-H9308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELP AMERICA VOTE ACT OF 2001
Mr. NEY. Mr. Speaker, pursuant to House Resolution 311, I call up the
bill (H.R. 3295) to establish a program to provide funds to States to
replace punch card voting systems, to establish the Election Assistance
Commission to assist in the administration of Federal elections and to
otherwise provide assistance with the administration of certain Federal
election laws and programs, to establish minimum election
administration standards for States and units of local government with
responsibility for the administration of Federal elections, and for
other purposes.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Fossella). Pursuant to House Resolution
311, the bill is considered read for amendment.
The text of H.R. 3295 is as follows:
H.R. 3295
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Help
America Vote Act of 2001''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PUNCH CARD VOTING MACHINES
Subtitle A--Replacement of Machines
Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
Subtitle B--Enhancing Performance of Existing Systems
Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.
Subtitle C--General Provisions
Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.
TITLE II--COMMISSION
Subtitle A--Establishment and General Organization
Part 1--Election Assistance Commission
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.
Part 2--Election Assistance Commission Standards Board and Board of
Advisors
Sec. 211. Establishment.
Sec. 212. Duties.
Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of boards; no compensation for service.
Sec. 216. Status of boards and members for purposes of claims against
board.
Subtitle B--Voluntary Election Standards
Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.
Subtitle C--Election Assistance
Part 1--Election Fund Payments to States for Voting System Improvements
Sec. 231. Election fund payments to States for voting system
improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
Part 2--Grants for Research on Voting Technology Improvements
Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.
Part 3--Pilot Program for Testing of Equipment and Technology
Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.
Part 4--Miscellaneous
Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.
TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM
Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.
TITLE IV--HELP AMERICA VOTE FOUNDATION
Sec. 401. Help America Vote Foundation.
TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.
TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS
Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on
registration and absentee ballots for all voters in
State.
Sec. 603. Report on absentee ballots transmitted and received after
general elections.
Sec. 604. Simplification of voter registration and absentee ballot
application procedures for absent uniformed services and
overseas voters.
Sec. 605. Additional duties of Presidential designee under Uniformed
and Overseas Citizens Absentee Voting Act.
TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL
Sec. 701. Reduced postage rates for official election mail.
TITLE VIII--TRANSITION PROVISIONS
Subtitle A--Transfer to Commission of Functions Under Certain Laws
Sec. 801. Federal Election Campaign Act of 1971.
Sec. 802. National Voter Registration Act of 1993.
Sec. 803. Transfer of property, records, and personnel.
Sec. 804. Effective date; transition.
Subtitle B--Coverage of Commission Under Certain Laws and Programs
Sec. 811. Treatment of Commission personnel under certain civil service
laws.
Sec. 812. Coverage under Inspector General Act of 1978.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. State defined.
Sec. 902. Miscellaneous provisions to protect integrity of election
process.
Sec. 903. No effect on other laws.
TITLE I--PUNCH CARD VOTING MACHINES
Subtitle A--Replacement of Machines
SEC. 101. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Administrator of General
Services (hereafter in this title referred to as the
``Administrator'') shall establish a program under which the
Administrator shall make a one-time payment to each
eligible State or unit of local government which used a
punch card voting system to administer the regularly
scheduled general election for Federal office held in
November 2000.
(b) Use of Funds.--A State or unit of local government
shall use the funds provided under a payment under this
subtitle (either directly or as reimbursement) to replace its
punch card voting system with a voting system which does not
use punch cards (by purchase, lease, or such other
arrangement as may be appropriate).
[[Page H9265]]
(c) Deadline.--
(1) In general.--A State or unit of local government
receiving a payment under the program under this subtitle
shall--
(A) obligate the funds provided for the uses described in
subsection (b) not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002; and
(B) ensure that all of the punch card voting systems under
its jurisdiction have been replaced in time for the regularly
scheduled general election for Federal office to be held in
November 2004.
(2) Waiver.--If a State or unit of local government
provides the Election Assistance Commission (established
under section 201) (not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002) with a notice that the State or unit will not
meet the deadlines described in paragraph (1) and includes in
the notice the reasons for the failure to meet such
deadlines, and the Commission finds that there is good cause
for the failure to meet such deadlines, paragraph (1) shall
apply to the State or unit as if--
(A) the reference in paragraph (1)(A) to ``November 2002''
were a reference to ``November 2004''; and
(B) the reference in paragraph (1)(B) to ``November 2004''
were a reference to ``November 2006''.
SEC. 102. ELIGIBILITY.
(a) States.--A State is eligible to receive a payment under
the program under this subtitle if it submits to the
Administrator an application not later than 120 days after
the date of the enactment of this Act (in such form as the
Administrator may require) which contains--
(1) assurances that the State will use the payment (either
directly or as reimbursement) to replace punch card voting
systems in jurisdictions within the State which used such
systems to carry out the general Federal election held in
November 2000;
(2) assurances that in replacing punch card voting systems
the State will continue to meets its duties under the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee et seq.) and the Americans With Disabilities Act;
(3) assurances that in replacing punch card voting systems
the State will provide for alternative language accessibility
for individuals with limited English proficiency, consistent
with the requirements of the Voting Rights Act of 1965 and
any other applicable provisions of law; and
(4) such other information and assurances as the
Administrator may require which are necessary for the
administration of the program.
(b) Unit of Local Government.--A unit of local government
is eligible to receive a payment under the program under this
subtitle if it submits to the Administrator--
(1) not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002, a statement of its intent to participate in the
program, including assurances that the State in which the
unit is located--
(A) failed to submit an application under subsection (a)
within the deadline specified under such subsection,
(B) is otherwise not eligible to receive a payment under
the program, or
(C) will not use the payment to replace punch card voting
systems in the unit; and
(2) an application (at such time and in such form as the
Administrator may require) which contains similar assurances
to those required to be provided by a State in its
application under subsection (a).
SEC. 103. AMOUNT OF PAYMENT.
(a) In General.--The amount of payment made to a State or
unit of local government under the program under this
subtitle shall be equal to the applicable per precinct
matching rate of the cost to the State or unit (as the case
may be) of replacing the punch card voting systems used in
each precinct in the State or unit (as the case may be),
except that in no case may the amount of the payment exceed
the product of--
(1) the number of voting precincts administered by the
State or unit which used a punch card voting system to carry
out the general Federal election held in November 2000; and
(2) $6,000.
(b) Applicable Per Precinct Matching Rate Defined.--In
subsection (a), the ``applicable per precinct matching rate''
is--
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose average per
capita income is within the lowest quartile of average per
capita incomes for all precincts in the United States (as
determined by the 2000 decennial census).
SEC. 104. AUDIT AND REPAYMENT OF FUNDS.
(a) Audit.--Funds provided under the program under this
subtitle shall be subject to audit by the Administrator.
(b) Repayment for Failure to Meet Deadlines.--If a State or
unit of local government (as the case may be) receiving funds
under the program under this subtitle fails to meet the
deadlines applicable to the State or unit under section
101(c), the State or unit shall pay to the Administrator an
amount equal to the amount of the funds provided to the State
or unit under the program.
SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this subtitle, a ``punch card voting
system'' means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
Subtitle B--Enhancing Performance of Existing Systems
SEC. 111. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Administrator shall establish
a program under which the Administrator shall make a one-time
payment to each eligible State or unit of local government
which used a punch card voting system to administer the
regularly scheduled general election for Federal office held
in November 2000.
(b) Use of Funds.--A State or unit of local government
shall use the funds provided under a payment under this
subtitle (either directly or as reimbursement) to make
technical enhancements to the performance of its punch card
voting system (by any arrangement as may be appropriate).
(c) Deadline.--
(1) In general.--A State or unit of local government
receiving a payment under the program under this subtitle
shall--
(A) obligate the funds provided for the uses described in
subsection (b) not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002; and
(B) ensure that technical enhancements have been made to
the performance of all of the punch card voting systems under
its jurisdiction in time for the regularly scheduled general
election for Federal office to be held in November 2004.
(2) Waiver.--If a State or unit of local government
provides the Election Assistance Commission (established
under section 201) (not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002) with a notice that the State or unit will not
meet the deadlines described in paragraph (1) and includes in
the notice the reasons for the failure to meet such
deadlines, and the Commission finds that there is good cause
for the failure to meet such deadlines, paragraph (1) shall
apply to the State or unit as if--
(A) the reference in paragraph (1)(A) to ``November 2002''
were a reference to ``November 2004''; and
(B) the reference in paragraph (1)(B) to ``November 2004''
were a reference to ``November 2006''.
SEC. 112. ELIGIBILITY.
(a) States.--Subject to subsection (c), a State is eligible
to receive a payment under the program under this subtitle if
it submits to the Administrator an application not later than
120 days after the date of the enactment of this Act (in such
form as the Administrator may require) which contains--
(1) assurances that the State will use the payment (either
directly or as reimbursement) to make technical enhancements
to the performance of punch card voting systems in
jurisdictions within the State which used such systems to
carry out the general Federal election held in November 2000;
(2) assurances that in enhancing the performance of such
voting systems the State will continue to meets its duties
under the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) and the Americans
With Disabilities Act; and
(3) such other information and assurances as the
Administrator may require which are necessary for the
administration of the program.
(b) Units of Local Government.--Subject to subsection (c),
a unit of local government is eligible to receive a payment
under the program under this subtitle if it submits to the
Administrator--
(1) not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002, a statement of its intent to participate in the
program, including assurances that the State in which the
unit is located--
(A) failed to submit an application under subsection (a)
within the deadline specified under such subsection,
(B) is otherwise not eligible to receive a payment under
the program, or
(C) will not use the payment to enhance the performance of
punch card voting systems in the unit; and
(2) an application (at such time and in such form as the
Administrator may require) which contains similar assurances
to those required to be provided by a State in its
application under subsection (a).
(c) Prohibiting Participation in Punch Card Replacement
Program.--A State or unit of local government is not eligible
to receive a payment under the program under this subtitle if
the State or unit receives a payment under the program under
subtitle A.
SEC. 113. AMOUNT OF PAYMENT.
(a) In General.--The amount of payment made to a State or
unit of local government under the program under this
subtitle shall be equal to the applicable per precinct
matching rate of the cost to the State or unit (as the case
may be) of the activities to be funded with the payment under
the program in each precinct in the State or unit (as the
case may be), except that in no case may the amount of the
payment exceed the product of--
(1) the number of voting precincts administered by the
State or unit which used a
[[Page H9266]]
punch card voting system to carry out the general Federal
election held in November 2000; and
(2) $2,000.
(b) Applicable Per Precinct Matching Rate Defined.--In
subsection (a), the ``applicable per precinct matching rate''
is--
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose average per
capita income is within the lowest quartile of average per
capita incomes for all precincts in the United States (as
determined by the 2000 decennial census).
SEC. 114. AUDIT AND REPAYMENT OF FUNDS.
(a) Audit.--Funds provided under the program under this
subtitle shall be subject to audit by the Administrator.
(b) Repayment for Failure To Meet Requirements.--If a State
or unit of local government (as the case may be) receiving
funds under the program under this subtitle fails to meet the
deadlines applicable to the State or unit under section
111(c), the State or unit shall pay to the Administrator an
amount equal to the amount of the funds provided to the State
or unit under the program.
Subtitle C--General Provisions
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for payments under this title $400,000,000, to remain
available until expended (subject to subsection (b)).
(b) Use of Returned Funds and Funds Remaining Unexpended
for Election Fund Payments.--
(1) In general.--The amounts referred to in paragraph (2)
shall be transferred to the Election Assistance Commission
(established under title II) and used by the Commission to
make Election Fund payments under part 1 of subtitle C of
title II.
(2) Amounts described.--The amounts referred to in this
paragraph are as follows:
(A) Any amounts appropriated pursuant to the authorization
under this section which remain unobligated as of the date of
the regularly scheduled general election for Federal office
held in November 2002.
(B) Any amounts paid to the Administrator by a State or
unit of local government under section 104(b).
(C) Any amounts paid to the Administrator by a State or
unit of local government under section 114(b).
SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this title, a ``punch card voting system''
means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
TITLE II--COMMISSION
Subtitle A--Establishment and General Organization
PART 1--ELECTION ASSISTANCE COMMISSION
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity in the
executive branch the Election Assistance Commission
(hereafter in this title referred to as the ``Commission''),
consisting of--
(1) the members appointed under this part;
(2) the Election Assistance Commission Standards Board
established under part 2 (including the Executive Board of
such Board); and
(3) the Election Assistance Commission Board of Advisors
established under part 2.
SEC. 202. DUTIES.
The Commission shall serve as a national clearinghouse and
resource for the compilation of information and review of
procedures with respect to the administration of Federal
elections by--
(1) carrying out the duties described in subtitle B
(relating to voluntary election standards);
(2) carrying out the duties described in subtitle C
(relating to election assistance); and
(3) developing and carrying out the Help America Vote
College Program under title III.
SEC. 203. MEMBERSHIP AND APPOINTMENT.
(a) Membership.--
(1) In general.--The Commission shall have 4 members
appointed by the President, by and with the consent of the
Senate, of whom--
(A) 1 shall be appointed from among a list of nominees
submitted by the majority leader of the Senate;
(B) 1 shall be appointed from among a list of nominees
submitted by the minority leader of the Senate;
(C) 1 shall be appointed from among a list of nominees
submitted by the Speaker of the House of Representatives; and
(D) 1 shall be appointed from among a list of nominees
submitted by the minority leader of the House of
Representatives.
(2) Qualifications.--Each member of the Commission shall
have experience with or expertise in election administration
or the study of elections, except that no individual may
serve as a member of the Commission if the individual is an
officer or employee of the Federal Government at any time
during the period of service on the Commission.
(3) 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.
(b) Term of Service.--
(1) In general.--Except as provided in paragraphs (2) and
(3), members shall serve for a term of 4 years and may be
reappointed for not more than one additional term.
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) 2 of the members (not more than 1 of whom may be
affiliated with the same political party) shall be appointed
for a term of 2 years; and
(B) 2 of the members (not more than 1 of whom may be
affiliated with the same political party) shall be appointed
for a term of 4 years.
(3) Vacancies.--
(A) In general.--A vacancy on the Commission shall be
filled in the manner in which the original appointment was
made and shall be subject to any conditions which applied
with respect to the original appointment.
(B) Expired terms.--A member of the Commission may serve on
the Commission after the expiration of the member's term
until the successor of such member has taken office as a
member of the Commission.
(C) Unexpired terms.--An individual chosen to fill a
vacancy shall be appointed for the unexpired term of the
member replaced.
(c) Chair and Vice Chair.--The Commission shall select a
chair and vice chair from among its members for a term of 1
year, except that the chair and vice chair may not be
affiliated with the same political party.
(d) Compensation.--
(1) In general.--Members of the Commission shall each be
paid at an annual rate equal to $30,000.
(2) Travel expenses.--Members of the Commission shall each
receive 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.
(3) Outside employment permitted.--A member of the
Commission may hold any other office or employment not
inconsistent or in conflict with the member's duties,
responsibilities, and powers as a member of the Commission.
SEC. 204. STAFF.
(a) Executive Director and Other Staff.--
(1) In general.--The Commission shall have an Executive
Director, who shall be paid at a rate not to exceed the rate
of basic pay for level V of the Executive Schedule.
(2) Term of service for executive director.--Except as
provided in paragraph (3)(C), the Executive Director shall
serve for a term of 4 years. An Executive Director may be
reappointed for additional terms.
(3) Procedure for appointment.--
(A) In general.--When a vacancy exists in the position of
the Executive Director, the Election Assistance Commission
Standards Board and the Election Assistance Commission Board
of Advisors (described in part 2) shall each appoint a search
committee to recommend not fewer than 3 nominees for the
position.
(B) Requiring consideration of nominees.--Except as
provided in subparagraph (C), the Commission shall consider
the nominees recommended by the Standards Board and the Board
of Advisors in appointing the Executive Director.
(C) Special rules for first executive director.--
(i) Convening of search committees.--The Standards Board
and the Board of Advisors shall each appoint a search
committee and recommend nominees for the position of
Executive Director in accordance with subparagraph (A) as
soon as practicable after the appointment of their members.
(ii) Interim initial appointment.--Notwithstanding
subparagraph (B), the Commission may appoint an individual to
serve as the first Executive Director prior to the
recommendation of nominees for the position by the Standards
Board or the Board of Advisors, except that such individual's
term of service may not exceed 6 months. Nothing in the
previous sentence may be construed to prohibit the individual
serving as the first Executive Director from serving any
additional term.
(4) Other staff.--Subject to rules prescribed by the
Commission, the Executive Director may appoint and fix the
pay of such additional personnel as the Executive Director
considers appropriate.
(5) Applicability of certain civil service laws.--The
Executive Director and staff of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates,
except that an individual so appointed may not receive pay in
excess of the annual rate of basic pay for level V of the
Executive Schedule.
(b) Experts and Consultants.--Subject to rules prescribed
by the Commission, the Executive Director may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, with the approval of a
majority of the members of the Commission.
(c) Staff of Federal Agencies.--Upon request of the Chair,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that
[[Page H9267]]
department or agency to the Commission to assist it in
carrying out its duties under this Act.
(d) Arranging for Assistance for Board of Advisors and
Standards Board.--At the request of the Election Assistance
Commission Board of Advisors or the Election Assistance
Commission Standards Board established under part 2, the
Executive Director shall enter into such arrangements as the
Executive Director considers appropriate to make personnel
available to assist the Boards with carrying out their duties
under this title (including contracts with private
individuals for providing temporary personnel services or the
temporary detailing of personnel of the Commission).
(e) Consultation With Board of Advisors and Standards Board
on Certain Matters.--In preparing the program goals, long-
term plans, mission statements, and related matters for the
Commission, the Executive Director and staff of the
Commission shall consult with the Election Assistance
Commission Board of Advisors and the Election Assistance
Commission Standards Board established under part 2.
SEC. 205. POWERS.
(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 Chair of the Commission,
the head of such department or agency shall furnish such
information to the Commission.
(c) 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.
(d) Administrative Support Services.--Upon the request of
the Chair of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, the administrative support services that are necessary
to enable the Commission to carry out its duties under this
Act.
(e) 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 (41 U.S.C. 5).
SEC. 206. LIMITATION ON RULEMAKING AUTHORITY.
The Commission shall not have any authority to issue any
rule, promulgate any regulation, or take any other action
which imposes any requirement on any State or unit of local
government, except to the extent permitted under the National
Voter Registration Act of 1993.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts authorized for payments and
grants under subtitle C and the amounts authorized to be
appropriated for the program under section 303, there are
authorized to be appropriated for each of the fiscal years
2002 through 2004 such sums as may be necessary (but not to
exceed $10,000,000 for each such year) for the Commission to
carry out its duties under this title.
PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF
ADVISORS
SEC. 211. ESTABLISHMENT.
There are hereby established the Election Assistance
Commission Standards Board (hereafter in this title referred
to as the ``Standards Board'') and the Election Assistance
Commission Board of Advisors (hereafter in this title
referred to as the ``Board of Advisors'').
SEC. 212. DUTIES.
The Standards Board and the Board of Advisors shall each,
in accordance with the procedures described in section 223,
review any of the voluntary engineering and procedural
performance standards described in section 221(a)(1), any of
the voluntary standards described in section 221(a)(4), and
any of the voluntary election management practice standards
described in section 221(a)(6) (and any modifications to such
standards) which are recommended by the Commission under
subtitle B.
SEC. 213. MEMBERSHIP OF STANDARDS BOARD.
(a) Composition.--
(1) In general.--Subject to certification by the chair of
the Federal Election Commission under subsection (b), the
Standards Board shall be composed of 110 members as follows:
(A) 55 shall be the chief State election officials of each
State.
(B) 55 shall be local election officials selected in
accordance with paragraph (2).
(2) List of local election officials.--Each State's local
election officials shall select (under a process supervised
by the chief election official of the State) a representative
local election official from the State for purposes of
paragraph (1)(B). In the case of the District of Columbia,
Guam, and American Samoa, the chief election official shall
establish a procedure for selecting an individual to serve as
a local election official for purposes of such paragraph,
except that under such a procedure the individual selected
may not be a member of the same political party as the chief
election official.
(3) Requiring mix of political parties represented.--The 2
members of the Standards Board who represent the same State
may not be members of the same political party.
(b) Procedures for Notice and Certification of
Appointment.--
(1) Notice to chair of federal election commission.--Not
later than 90 days after the date of the enactment of this
Act, a State shall transmit a notice to chair of the Federal
Election Commission containing--
(A) a statement that the chief election official of the
State agrees to serve on the Standards Board under this
title; and
(B) the name of the representative local election official
from the State selected under subsection (a)(2) who will
serve on the Standards Board under this title.
(2) Certification.--Upon receiving a notice from a State
under paragraph (1), the chair of the Federal Election
Commission shall publish a certification that the chief
election official and the representative local election
official are appointed as members of the Standards Board
under this title.
(3) Effect of failure to provide notice.--If a State does
not transmit a notice to the chair of the Federal Election
Commission under paragraph (1) within the deadline described
in such paragraph, no representative from the State may
participate in the selection of the Executive Board under
subsection (c).
(4) Role of commission.--Upon the appointment of the
members of the Election Assistance Commission, the Election
Assistance Commission shall carry out the duties of the
Federal Election Commission under this subsection.
(c) Executive Board.--
(1) In general.--Not later than 60 days after the last day
on which the appointment of any of its members may be
certified under subsection (b), the Standards Board shall
select 9 of its members to serve as the Executive Board of
the Standards Board, of whom--
(A) not more than 5 may be chief State election officials;
(B) not more than 5 may be local election officials; and
(C) not more than 5 may be members of the same political
party.
(2) Terms.--Except as provided in paragraph (3), members of
the Executive Board of the Standards Board shall serve for a
term of 2 years and may not serve for more than 3 consecutive
terms.
(3) Staggering of initial terms.--Of the members first
selected to serve on the Executive Board of the Standards
Board--
(A) 3 shall serve for one term;
(B) 3 shall serve for 2 consecutive terms; and
(C) 3 shall serve for 3 consecutive terms,
as determined by lot at the time the members are first
appointed.
(4) Duties.--In addition to any other duties assigned under
this title, the Executive Board of the Standards Board may
carry out such duties of the Standards Board as the Standards
Board may delegate.
SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.
(a) In General.--The Board of Advisors shall be composed of
25 members appointed as follows:
(1) 2 members appointed by the United States Commission on
Civil Rights.
(2) 2 members appointed by the Architectural and
Transportation Barrier Compliance Board under section 502 of
the Rehabilitation Act of 1973 (29 U.S.C. 792).
(3) 2 members appointed by the National Governors
Association.
(4) 2 members appointed by the National Conference of State
Legislatures.
(5) 2 members appointed by the National Association of
Secretaries of State.
(6) 2 members appointed by the National Association of
State Election Directors.
(7) 2 members appointed by the National Association of
Counties.
(8) 2 members appointed by the National Association of
County Recorders, Election Administrators, and Clerks.
(9) 2 members appointed by the United States Conference of
Mayors.
(10) 2 members appointed by the Election Center.
(11) 2 members appointed by the International Association
of County Recorders, Election Officials, and Treasurers.
(12) 2 members representing professionals in the field of
science and technology, of whom 1 shall be appointed by the
Speaker of the House of Representatives and 1 shall be
appointed by the majority leader of the Senate (or, if the
majority leader is a member of the same political party as
the Speaker, by the minority leader of the Senate).
(13) The chief of the Office of Public Integrity of the
Department of Justice, or the chief's designee.
(b) Diversity in Appointments.--Appointments shall be made
to the Board of Advisors under subsection (a) in a manner
which ensures that the Board of Advisors will be bipartisan
in nature and will reflect the various geographic regions of
the United States.
(c) Term of Service; Vacancy.--Members of the Board of
Advisors shall serve for a term of 2 years, and may be
reappointed. Any vacancy in the Board of Advisors shall be
filled in the manner in which the original appointment was
made.
(d) Chair.--The Board of Advisors shall elect a Chair from
among its members.
SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.
(a) Hearings and Sessions.--
[[Page H9268]]
(1) In general.--To the extent that funds are made
available by the Commission, the Standards Board (acting
through the Executive Board) and the Board of Advisors may
each 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 each such Board
considers advisable to carry out this title, except that the
Boards may not issue subpoenas requiring the attendance and
testimony of witnesses or the production of any evidence.
(2) Meetings.--The Standards Board and the Board of
Advisors shall each hold a meeting of its members--
(A) not less frequently than once every year for purposes
of voting on the standards referred to it under section 223;
(B) in the case of the Standards Board, not less frequently
than once every 2 years for purposes of selecting the
Executive Board; and
(C) at such other times as it considers appropriate for
purposes of conducting such other business as it considers
appropriate consistent with this title.
(b) Information From Federal Agencies.--The Standards Board
and the Board of Advisors may each secure directly from any
Federal department or agency such information as the Board
considers necessary to carry out this Act. Upon request of
the Executive Board (in the case of the Standards Board) or
the Chair (in the case of the Board of Advisors), the head of
such department or agency shall furnish such information to
the Board.
(c) Postal Services.--The Standards Board and the Board of
Advisors may use the United States mails in the same manner
and under the same conditions as a department or agency of
the Federal Government.
(d) Administrative Support Services.--Upon the request of
the Executive Board (in the case of the Standards Board) or
the Chair (in the case of the Board of Advisors), the
Administrator of the General Services Administration shall
provide to the Board, on a reimbursable basis, the
administrative support services that are necessary to enable
the Board to carry out its duties under this title.
(e) No Compensation for Service.--Members of the Standards
Board and members of the Board of Advisors shall not receive
any compensation for their service, but shall be paid 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 Board.
SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF CLAIMS
AGAINST BOARD.
(a) In General.--The provisions of chapters 161 and 171 of
title 28, United States Code, shall apply with respect to the
liability of the Standards Board, the Board of Advisors, and
their members for acts or omissions performed pursuant to and
in the course of the duties and responsibilities of the
Board.
(b) Exception for Criminal Acts and Other Willful
Conduct.--Subsection (a) may not be construed to limit
personal liability for criminal acts or omissions, willful or
malicious misconduct, acts or omissions for private gain, or
any other act or omission outside the scope of the service of
a member of the Standards Board or the Board of Advisors.
Subtitle B--Voluntary Election Standards
SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STANDARDS.
(a) In General.--The Commission shall:
(1) In accordance with section 223, develop (through the
Executive Director of the Commission), adopt, and update (not
less often than every 4 years thereafter) voluntary
engineering and procedural performance standards for voting
systems used in Federal elections which shall meet the
following requirements:
(A) The scope of the standards should include security
(including a documentary audit for non-ballot systems), the
procedures for certification and decertification of software
and hardware, the assessment of usability, and operational
guidelines for the proper use and maintenance of equipment.
(B) The standards should provide that voters have the
opportunity to correct errors at the precinct or other
polling place, either within the voting equipment itself or
in the operational guidelines to administrators for using the
equipment, under conditions which assure privacy to the
voter.
(C) Each voting tally system certified for use should
include as part of the certification a proposed statement of
what constitutes a proper vote in the design and operation of
the system.
(D) New voting equipment systems certified either by the
Federal government or by any State should provide a practical
and effective means for voters with physical disabilities to
cast a secret ballot.
(2) Maintain a clearinghouse of information on the
experiences of State and local governments in implementing
the voluntary standards described in paragraph (1) and in
operating voting systems in general.
(3) In accordance with section 224, provide for the
voluntary testing, certification, decertification, and
recertification of voting systems.
(4) Advise States and units of local government regarding
compliance with the requirements of the Voting Accessibility
for the Elderly and Handicapped Act (42 U.S.C. 1973ee et
seq.) and compliance with other Federal laws regarding
accessibility of registration facilities and polling places.
Additionally, in accordance with section 223, the Commission
shall develop (through the Executive Director of the
Commission), adopt, and update (not less often than every 4
years thereafter) voluntary standards for maintaining and
enhancing the accessibility and privacy of registration
facilities, polling places, and voting methods with the goal
of promoting for all individuals, including the elderly and
individuals with disabilities, the accessibility of polling
places and the effective use of voting systems and voting
equipment which provide the opportunity for casting a secure
and secret ballot, and shall include in such standards
voluntary guidelines regarding accessibility and ease-of-use
for States and units of local government to use when
obtaining voting equipment and selecting polling places. In
carrying out this paragraph, the Commission shall consult
with the Architectural and Transportation Barrier Compliance
Board under section 502 of the Rehabilitation Act of 1973 (29
U.S.C. 792) and other individuals and entities with expertise
in the accessibility of facilities for individuals with
disabilities.
(5) Make periodic studies available to the public regarding
the election administration issues described in subsection
(b), with the goal of promoting methods of voting and
administering elections which--
(A) will be the most convenient, accessible, and easy to
use for voters, including members of the uniformed services,
blind and disabled voters, and voters with limited English
proficiency;
(B) will yield the most accurate, secure, and expeditious
system for voting and tabulating election results;
(C) will be nondiscriminatory and afford each registered
and eligible voter an equal opportunity to vote; and
(D) will be efficient and cost-effective for use.
(6) In accordance with section 223, develop (through the
Executive Director of the Commission), adopt, and update (not
less often than every 4 years) voluntary election management
practice standards for State and local election officials to
maintain and enhance the administration of Federal elections,
including standards developed in consultation with the
Secretary of Defense to govern the treatment of absent
uniformed services voters (as defined in section 107(1) of
the Uniformed and Overseas Citizens Absentee Voting Act) and
overseas voters (as defined in section 107(5) of such Act)
which will include provisions to address each of the
following:
(A) The rights of residence of uniformed services voters
absent due to military orders.
(B) The rights of absent uniformed services voters and
overseas voters to register to vote and cast absentee
ballots.
(C) The rights of absent uniformed services voters and
overseas voters to submit absentee ballot applications early
during an election year.
(D) The appropriate pre-election deadline for mailing
absentee ballots to absent uniformed services voters and
overseas voters.
(E) The appropriate minimum period between the mailing of
absentee ballots to absent uniformed services voters and
overseas voters and the deadline for receipt of such ballots.
(F) The timely transmission of balloting materials to
absent uniformed services voters and overseas voters.
(G) Security and privacy concerns in the transmission,
receipt, and processing of ballots from absent uniformed
services voters and overseas voters, including the need to
protect against fraud.
(H) The use of a single application by absent uniformed
services voters and overseas voters for absentee ballots for
all Federal elections occurring during a year.
(I) The use of a single application for voter registration
and absentee ballots by absent uniformed services voters and
overseas voters.
(J) The use of facsimile machines and electronic means of
transmission of absentee ballot applications and absentee
ballots to absent uniformed services voters and overseas
voters.
(K) Other issues related to the rights of absent uniformed
services voters and overseas voters to participate in
elections.
(7) Carry out the provisions of section 9 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding
mail voter registration.
(8) Make information on the Federal election system
available to the public and the media.
(9) At the request of State officials, assist such
officials in the review of election or vote counting
procedures in Federal elections, through bipartisan panels of
election professionals assembled by the Commission for such
purpose.
(10) Compile and make available to the public the official
certified results of general elections for Federal office and
reports comparing the rates of voter registration, voter
turnout, voting system functions, and ballot errors among
jurisdictions in the United States.
(11) Gather information and serve as a clearinghouse
concerning issues relating to Federal, State, and local
elections.
(b) Election Administration Issues Described.--The election
administration issues described in this subsection are as
follows:
[[Page H9269]]
(1) Current and alternate methods and mechanisms of voting
and counting votes in elections for Federal office.
(2) Current and alternate ballot designs for elections for
Federal office.
(3) Current and alternate methods of voter registration,
maintaining secure and accurate lists of registered voters
(including the establishment of a centralized, interactive,
statewide voter registration list linked to relevant agencies
and all polling sites), and ensuring that all registered
voters appear on the polling list at the appropriate polling
site.
(4) Current and alternate methods of conducting provisional
voting.
(5) Current and alternate methods of ensuring the
accessibility of voting, registration, polling places, and
voting equipment to all voters, including disabled voters and
voters with limited English proficiency.
(6) Current and alternate methods of voter registration for
members of the uniformed services and overseas voters, and
methods of ensuring that such voters receive timely ballots
that will be properly and expeditiously handled and counted.
(7) Current and alternate methods of recruiting and
improving the performance of poll workers.
(8) Federal and State laws governing the eligibility of
persons to vote.
(9) Current and alternate methods of educating voters about
the process of registering to vote and voting, the operation
of voting mechanisms, the location of polling places, and all
other aspects of participating in elections.
(10) Matters particularly relevant to voting and
administering elections in rural and urban areas.
(11) Conducting elections for Federal office on different
days, at different places, and during different hours,
including the advisability of establishing a uniform poll
closing time.
(12) The ways that the Federal Government can best assist
State and local authorities to improve the administration of
elections for Federal office and what levels of funding would
be necessary to provide such assistance.
(c) Consultation With Standards Board and Board of
Advisors.--The Commission shall carry out its duties under
this subtitle in consultation with the Standards Board and
the Board of Advisors.
SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COMMITTEE.
(a) Establishment.--There is hereby established the
Technical Standards Development Committee (hereafter in this
subtitle referred to as the ``Development Committee'').
(b) Duties.--
(1) In general.--The Development Committee shall assist the
Executive Director of the Commission in the development of
voluntary standards under this subtitle by recommending
standards (and modifications to standards) to ensure the
usability, accuracy, security, accessibility, and integrity
of voting systems and voting equipment.
(2) Deadline for initial set of recommendations.--The
Development Committee shall provide its first set of
recommendations under this section to the Executive Director
of the Commission not later than 9 months after all of its
members have been appointed.
(c) Membership.--
(1) In general.--The Development Committee shall be
composed of the Director of the National Institute of
Standards and Technology (who shall serve as its chair),
together with a group of 14 other individuals appointed
jointly by the Commission and the Director of the National
Institute of Standards and Technology, consisting of the
following:
(A) An equal number of each of the following:
(i) Members of the Standards Board.
(ii) Members of the Board of Advisors.
(iii) Members of the Architectural and Transportation
Barrier Compliance Board under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792).
(B) A representative of the American National Standards
Institute.
(C) Other individuals with technical and scientific
expertise relating to voting systems and voting equipment.
(2) Quorum.--A majority of the members of the Development
Committee shall constitute a quorum, except that the
Development Committee may not conduct any business prior to
the appointment of all of its members.
(d) No Compensation for Service.--Members of the
Development Committee shall not receive any compensation for
their service, but shall be paid 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 Development Committee.
(e) Technical Support From National Institute of Standards
and Technology.--At the request of the Development Committee,
the Director of the National Institute of Standards and
Technology shall provide the Development Committee with
technical support necessary for the Development Committee to
carry out its duties under this subtitle.
(f) Publication of Recommendations in Federal Register.--At
the time the Commission adopts any standard pursuant to
section 223, the Development Committee shall cause to have
published in the Federal Register the recommendations it
provided under this section to the Executive Director of the
Commission concerning the standard adopted.
SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STANDARDS.
(a) Consideration of Recommendations of Development
Committee; Submission of Proposed Voluntary Standards to
Board of Advisors and Standards Board.--
(1) Consideration of recommendations of development
committee.--In developing standards and modifications for
purposes of this section, the Executive Director of the
Commission shall take into consideration the recommendations
provided by the Technical Standards Development Committee
under section 222.
(2) Board of advisors.--The Executive Director of the
Commission shall submit each of the voluntary engineering and
procedural performance standards (described in section
221(a)(1)), each of the voluntary standards described in
section 221(a)(4), and each of the voluntary election
management practice standards (described in section
221(a)(6)) developed by the Executive Director (or any
modifications to such standards) to the Board of Advisors.
(3) Standards board.--The Executive Director of the
Commission shall submit each of the voluntary engineering and
procedural performance standards (described in section
221(a)(1)), each of the voluntary standards described in
section 221(a)(4), and each of the voluntary election
management practice standards (described in section
221(a)(6)) developed by the Executive Director (or any
modifications to such standards) to the Executive Board of
the Standards Board, who shall review the standard (or
modification) and forward its recommendations to the
Standards Board.
(b) Review.--Upon receipt of a voluntary standard described
in subsection (a) (or modification of such a standard) from
the Executive Director of the Commission, the Board of
Advisors and the Standards Board shall each review and submit
comments and recommendations regarding the standard (or
modification) to the Commission.
(c) Final Approval.--
(1) In general.--A voluntary standard described in
subsection (a) (or modification of such a standard) shall not
be considered to be finally adopted by the Commission unless
the majority of the members of the Commission vote to approve
the final adoption of the standard (or modification), taking
into consideration the comments and recommendations submitted
by the Board of Advisors and the Standards Board under
subsection (b).
(2) Minimum period for consideration of comments and
recommendations.--The Commission may not vote on the final
adoption of a voluntary standard described in subsection (a)
(or modification of such a standard) until the expiration of
the 90-day period which begins on the date the Executive
Director of the Commission submits the standard (or
modification) to the Board of Advisors and the Standards
Board under subsection (a).
SEC. 224. CERTIFICATION AND TESTING OF VOTING SYSTEMS.
(a) Certification and Testing.--
(1) In general.--The Commission shall provide for the
testing, certification, decertification, and recertification
of voting system hardware and software by accredited
laboratories.
(2) Optional use by states.--At the option of a State, the
State may provide for the testing, certification,
decertification, or recertification of its voting system
hardware and software by the laboratories accredited by the
Commission under this section.
(b) Laboratory Accreditation.--
(1) Recommendations by national institute of standards and
technology.--Not later than 6 months after the Commission
first adopts voluntary engineering and procedural performance
standards under this subtitle, the Director of the National
Institute of Standards and Technology shall conduct an
evaluation of independent, non-Federal laboratories and shall
submit to the Commission a list of those laboratories the
Director proposes to be accredited to carry out the testing,
certification, decertification, and recertification provided
for under this section.
(2) Approval by commission.--The Commission shall vote on
the proposed accreditation of each laboratory on the list
submitted under paragraph (1), and no laboratory may be
accredited for purposes of this section unless its
accreditation is approved by a majority vote of the members
of the Commission.
(c) Continuing Review by National Institute of Standards
and Technology.--
(1) In general.--In cooperation with the Commission and in
consultation with the Standards Board and the Board of
Advisors, the Director of the National Institute of Standards
and Technology shall monitor and review, on an ongoing basis,
the performance of the laboratories accredited by the
Commission under this section, and shall make such
recommendations to the Commission as it considers appropriate
with respect to the continuing accreditation of such
laboratories, including recommendations to revoke the
accreditation of any such laboratory.
(2) Approval by commission required for revocation.--The
accreditation of a laboratory for purposes of this section
may not be revoked unless the revocation is approved by a
majority vote of the members of the Commission.
[[Page H9270]]
SEC. 225. DISSEMINATION OF INFORMATION.
On an ongoing basis, the Commission shall disseminate to
the public (through the Internet, published reports, and such
other methods as the Commission considers appropriate)
information on the activities carried out under this
subtitle, including--
(1) the voluntary election standards adopted by the
Commission, together with guidelines for applying the
standards and other information to assist in their
implementation;
(2) the list of laboratories accredited to carry out
testing, certification, decertification, and recertification
of voting system hardware and software under section 224; and
(3) a list of voting system hardware and software products
which have been certified pursuant to section 224 as meeting
the applicable voluntary standards adopted by the Commission
under this subtitle.
Subtitle C--Election Assistance
PART 1--ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM IMPROVEMENTS
SEC. 231. ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM
IMPROVEMENTS.
(a) In General.--The Commission shall make an Election Fund
payment each year in an amount determined under section 232
to each State which meets the requirements described in
section 233 for the year.
(b) Use of Funds.--A State receiving an Election Fund
payment shall use the payment for any or all of the following
activities:
(1) Establishing and maintaining accurate lists of eligible
voters.
(2) Encouraging eligible voters to vote.
(3) Improving verification and identification of voters at
the polling place.
(4) Improving equipment and methods for casting and
counting votes.
(5) Recruiting and training election official and poll
workers.
(6) Improving the quantity and quality of available polling
places.
(7) Educating voters about their rights and
responsibilities.
(8) Assuring access for voters with physical disabilities.
(9) Carrying out other activities to improve the
administration of elections in the State.
(c) Adoption of Commission Standards Not Required to
Receive Payment.--Nothing in this part may be construed to
require a State to implement any of the voluntary standards
adopted by the Commission with respect to any matter as a
condition for receiving an Election Fund payment.
(d) Schedule of Payments.--As soon as practicable after all
members of the Commission are appointed (but in no event
later than 6 months thereafter), and not less frequently than
once each calendar year thereafter, the Commission shall make
Election Fund payments to States under this part.
SEC. 232. ALLOCATION OF FUNDS.
(a) In General.--Subject to subsection (c), the amount of
an Election Fund payment made to a State for a year shall be
equal to the product of--
(1) the total amount appropriated for Election Fund
payments for the year under section 234; and
(2) the State allocation percentage for the State (as
determined under subsection (b)).
(b) State Allocation Percentage Defined.--The ``State
allocation percentage'' for a State is the amount (expressed
as a percentage) equal to the quotient of--
(1) the voting age population of the State; and
(2) the total voting age population of all States.
(c) Minimum Amount of Payment.--The amount of an Election
Fund payment made to a State for a year may not be less
than--
(1) in the case of any of the several States or the
District of Columbia, \1/2\ of 1 percent of the total amount
appropriated for Election Fund payments for the year under
section 234; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, 20
percent of the amount described in paragraph (1).
(d) Continuing Availability of Funds After Appropriation.--
An Election Fund payment made to a State under this part
shall be available to the State without fiscal year
limitation.
SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.
(a) In General.--In order to receive an Election Fund
payment for a fiscal year, the chief State election official
of the State shall provide the Commission with the following
certifications:
(1) A certification that the State has authorized and
appropriated funds for carrying out the activities for which
the Election Fund payment is made in an amount equal to 25
percent of the total amount to be spent for such activities
(taking into account the Election Fund payment and the amount
spent by the State).
(2) A certification that the State has set a uniform
Statewide benchmark for voting system performance in each
local jurisdiction administering elections, expressed as a
percentage of residual vote in the contest at the top of the
ballot, and requires local jurisdictions to report data
relevant to this benchmark after each general election for
Federal office.
(3) A certification that the State is in compliance with
the voluntary voting system standards and certification
processes adopted by the Commission or that the State has
enacted legislation establishing its own State voting system
standards and processes which (at a minimum) ensure that new
voting mechanisms have the audit capacity to produce a record
for each ballot cast.
(4) A certification that--
(A) in each precinct or polling place in the State, there
is at least one voting system available which is fully
accessible to individuals with physical disabilities; and
(B) if the State uses any portion of its Election Fund
payment to obtain new voting machines, at least one voting
machine in each polling place in the State will be fully
accessible to individuals with physical disabilities.
(5) A certification that the State has established a fund
described in subsection (b) for purposes of administering its
activities under this part.
(6) A certification that, in administering election
systems, the State is in compliance with the existing
applicable requirements of the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.), the National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.), the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.),
and the Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(7) A certification that the State provides for voter
education and poll worker training programs to improve access
to and participation in the electoral process, and provides
relevant training in the requirements of the National Voter
Registration Act of 1993 for personnel of State motor vehicle
authority offices and other voter registration agencies
designated by the State under such Act.
(8) A certification that the Election Fund payment has not
and will not supplant funds provided under existing programs
funded in the State for carrying out the activities for which
the Election Fund payment is made.
(b) Requirements for Election Fund.--
(1) Election fund described.--For purposes of subsection
(a)(5), a fund described in this subsection with respect to a
State is a fund which is established in the treasury of the
State government, which is used in accordance with paragraph
(2), and which consists of the following amounts:
(A) Amounts appropriated or otherwise made available by the
State for carrying out the activities for which the Election
Fund payment is made to the State under this part.
(B) The Election Fund payment made to the State under this
part.
(C) Such other amounts as may be appropriated under law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out the activities for which the
Election Fund payment is made to the State under this part.
(c) Methods of Compliance Left to Discretion of State.--The
specific choices on the methods of complying with the
requirements described in subsection (a) shall be left to the
discretion of the State.
(d) Chief State Election Official Defined.--In this
subtitle, the ``chief State election official'' of a State is
the individual designated by the State under section 10 of
the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-8) to be responsible for coordination of the State's
responsibilities under such Act.
SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for Election Fund
payments under this part an aggregate amount of
$2,250,000,000 for fiscal years 2002 through 2004.
PART 2--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
SEC. 241. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY
IMPROVEMENTS.
(a) In General.--The Commission shall make grants to assist
entities in carrying out research and development to improve
the quality, reliability, accuracy, accessibility,
affordability, and security of voting equipment, election
systems, and voting technology.
(b) Eligibility.--An entity is eligible to receive a grant
under this part if it submits to the Commission (at such time
and in such form as the Commission may require) an
application containing--
(1) assurances that the research and development funded
with the grant will take into account the need to make voting
equipment fully accessible for individuals with disabilities
(including blind individuals), the need to ensure that such
individuals can vote independently and with privacy, and the
need to provide alternative language accessibility for
individuals with limited proficiency in the English language
(consistent with the requirements of the Voting Rights Act of
1965); and
(2) such other information and assurances as the Commission
may require.
(c) Applicability of Regulations Governing Patent Rights in
Inventions Made With Federal Assistance.--Any invention made
by the recipient of a grant under this part using funds
provided under this part shall be subject to chapter 18 of
title 35, United States Code (relating to patent rights in
inventions made with Federal assistance).
SEC. 242. REPORT.
(a) In General.--Each entity which receives a grant under
this part shall submit to the Commission, Congress, and the
President a report describing the activities carried out with
the funds provided under the grant.
(b) Deadline.--An entity shall submit a report required
under subsection (a) not later
[[Page H9271]]
than 60 days after the end of the fiscal year for which the
entity received the grant which is the subject of the report.
SEC. 243. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
this part $20,000,000 for fiscal year 2002.
PART 3--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY
SEC. 251. PILOT PROGRAM.
(a) In General.--The Commission shall make grants to carry
out pilot programs under which new technologies in voting
systems and equipment are implemented on a trial basis.
(b) Eligibility.--An entity is eligible to receive a grant
under this part if it submits to the Commission (at such time
and in such form as the Commission may require) an
application containing--
(1) assurances that the pilot programs funded with the
grant will take into account the need to make voting
equipment fully accessible for individuals with disabilities
(including blind individuals), the need to ensure that such
individuals can vote independently and with privacy, and the
need to provide alternative language accessibility for
individuals with limited proficiency in the English language
(consistent with the requirements of the Voting Rights Act of
1965); and
(2) such other information and assurances as the Commission
may require.
SEC. 252. REPORT.
(a) In General.--Each entity which receives a grant under
this part shall submit to the Commission, Congress, and the
President a report describing the activities carried out with
the funds provided under the grant.
(b) Deadline.--An entity shall submit a report required
under subsection (a) not later than 60 days after the end of
the fiscal year for which the entity received the grant which
is the subject of the report.
SEC. 253. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
this part $10,000,000 for fiscal year 2002.
PART 4--MISCELLANEOUS
SEC. 261. ROLE OF NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY.
(a) Recommendation of Topics for Research Under Voting
Research Grants and Pilot Programs.--The Director of the
National Institute of Standards and Technology (hereafter in
this section referred to as the ``Director'') shall submit to
the Commission an annual list of the Director's suggestions
for issues which may be the subject of research funded with
grants awarded under part 2 and part 3 during the year.
(b) Review of Grant Applications Received by Commission.--
The Commission shall submit each application it receives for
a grant under part 2 or part 3 to the Director, who shall
review the application and provide the Commission with such
comments as the Director considers appropriate.
(c) Monitoring and Adjustment of Grant Activities.--After
the Commission has awarded a grant under part 2 or part 3,
the Director shall monitor the grant and (to the extent
permitted under the terms of the grant as awarded) may
recommend to the Commission that the recipient of the grant
modify and adjust the activities carried out under the grant.
(d) Evaluation of Completed Grants.--
(1) In general.--After the recipient of a grant awarded by
the Commission has completed the terms of the grant, the
Director shall prepare and submit to the Commission an
evaluation of the grant and the activities carried out under
the grant.
(2) Inclusion in reports.--The Commission shall include the
evaluations submitted under paragraph (1) for a year in the
report submitted for the year under section 262.
(e) Intramural Research and Development.--The Director
shall establish a program for intramural research and
development in areas to support the development of voluntary
technical standards for voting products and systems,
including--
(1) the security of computers, computer networks, and
computer data storage used in voting products and systems,
including the Statewide voter registration networks required
under the minimum standard described in section 502(1);
(2) methods to detect and prevent fraud;
(3) the protection of voter privacy;
(4) the role of human factors in the design and application
of voting products and systems, including assistive
technologies for individuals with disabilities and varying
levels of literacy; and
(5) remote access voting, including voting through the
Internet.
SEC. 262. REPORTS.
(a) Annual Reports on Activities.--Not later than 90 days
after the end of each fiscal year, the Commission shall
submit a report to the Committee on House Administration of
the House of Representatives and the Committee on Rules and
Administration of the Senate on the activities carried out by
the Commission under this subtitle during the previous fiscal
year, and shall include in the report a description of all
applications for Election Fund payments and grants received
by the Commission during the year under this subtitle and the
disposition of such applications.
(b) Report on Human Factor Research.--Not later than 1 year
after the date of the enactment of this Act, the Commission,
in consultation with the Director of the National Institute
of Standards and Technology, shall submit a report to
Congress which assesses the areas of human factor research,
including usability engineering and human-computer and human-
machine interaction, which feasibly could be applied to
voting products and systems design to ensure the usability
and accuracy of voting products and systems, including
methods to improve access for individuals with disabilities
and to reduce voter error and the number of spoiled ballots
in elections.
SEC. 263. AUDIT.
(a) In General.--As a condition of receiving funds under
this subtitle, a State or entity described in part 2 or part
3 shall agree that such funds shall be subject to audit if 2
or more members of the Commission vote to require an audit.
(b) Mandatory Audit.--In addition to audits conducted
pursuant to subsection (a), all funds provided under this
subtitle shall be subject to mandatory audit at least once
during the lifetime of the programs under this subtitle.
TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM
SEC. 301. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 1 year after the
appointment of its members, the Election Assistance
Commission shall develop a program to be known as the ``Help
America Vote College Program'' (hereafter in this title
referred to as the ``Program'').
(b) Purposes of Program.--The purpose of the Program shall
be--
(1) to encourage students enrolled at institutions of
higher education (including community colleges) to assist
State and local governments in the administration of
elections by serving as nonpartisan poll workers or
assistants; and
(2) to encourage State and local governments to use the
services of the students participating in the Program.
SEC. 302. ACTIVITIES UNDER PROGRAM.
(a) In General.--In carrying out the Program, the
Commission (in consultation with the chief election official
of each State) shall develop materials, sponsor seminars and
workshops, engage in advertising targeted at students, make
grants, and take such other actions as it considers
appropriate to meet the purposes described in section 301(b).
(b) Requirements for Grant Recipients.--In making grants
under the Program, the Commission shall ensure that the funds
provided are spent for projects and activities which are
carried out without partisan bias or without promoting any
particular point of view regarding any issue, and that each
recipient is governed in a balanced manner which does not
reflect any partisan bias.
(c) Coordination With Institutions of Higher Education.--
The Commission shall encourage institutions of higher
education (including community colleges) to participate in
the Program, and shall make all necessary materials and other
assistance (including materials and assistance to enable the
institution to hold workshops and poll worker training
sessions) available without charge to any institution which
desires to participate in the Program.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
In addition to any funds authorized to be appropriated to
the Commission under section 207, there are authorized to be
appropriated to carry out this title--
(1) $5,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each succeeding
fiscal year.
TITLE IV--HELP AMERICA VOTE FOUNDATION
SEC. 401. HELP AMERICA VOTE FOUNDATION.
(a) In General.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1525 the
following:
``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION
``Sec.
``152601. Organization.
``152602. Purposes.
``152603. Board of directors.
``152604. Officers and employees.
``152605. Powers.
``152606. Principal office.
``152607. Service of process.
``152608. Annual audit.
``152609. Civil action by Attorney General for equitable relief.
``152610. Immunity of United States Government.
``152611. Authorization of appropriations.
``152612. Annual report.
``Sec. 152601. Organization
``(a) Federal Charter.--The Help America Vote Foundation
(in this chapter, the `foundation') is a federally chartered
corporation.
``(b) Nature of Foundation.--The foundation is a charitable
and nonprofit corporation and is not an agency or
establishment of the United States Government.
``(c) Perpetual Existence.--Except as otherwise provided,
the foundation has perpetual existence.
``Sec. 152602. Purposes
``(a) In General.--The purposes of the foundation are to--
``(1) mobilize secondary school students (including
students educated in the home) in the United States to
participate in the election process in a nonpartisan manner
as poll workers or assistants;
``(2) place secondary school students (including students
educated in the home) as nonpartisan poll workers or
assistants to local election officials in precinct polling
places across the United States; and
``(3) establish cooperative efforts with State and local
election officials, local educational agencies,
superintendents and principals of public and private
secondary
[[Page H9272]]
schools, and other appropriate nonprofit charitable and
educational organizations exempt from taxation under section
501(a) of the Internal Revenue Code of 1986 as an
organization described in section 501(c)(3) of such Code to
further the purposes of the foundation.
``(b) Requiring Activities to be Carried Out on Nonpartisan
Basis.--The foundation shall carry out its purposes without
partisan bias or without promoting any particular point of
view regarding any issue, and shall ensure that each
participant in its activities is governed in a balanced
manner which does not reflect any partisan bias.
``(c) Consultation With State Election Officials.--The
foundation shall carry out its purposes under this section in
consultation with the chief election officials of the States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, and the United States Virgin Islands.
``Sec. 152603. Board of directors
``(a) General.--The board of directors is the governing
body of the foundation.
``(b) Members and Appointment.--(1) The board consists of
12 directors, who shall be appointed not later than 60 days
after the date of the enactment of this chapter as follows:
``(A) 4 directors (of whom not more than 2 may be members
of the same political party) shall be appointed by the
President.
``(B) 2 directors shall be appointed by the Speaker of the
House of Representatives.
``(C) 2 directors shall be appointed by the minority leader
of the House of Representatives.
``(D) 2 directors shall be appointed by the majority leader
of the Senate.
``(E) 2 directors shall be appointed by the minority leader
of the Senate.
``(2) In addition to the directors described in paragraph
(1), the chair and ranking minority member of the Committee
on House Administration of the House of Representatives (or
their designees) and the chair and ranking minority member of
the Committee on Rules and Administration of the Senate (or
their designees) shall each serve as an ex officio nonvoting
member of the board.
``(3) A director is not an employee of the Federal
government and appointment to the board does not constitute
appointment as an officer or employee of the United States
Government for the purpose of any law of the United States
(except as may otherwise be provided in this chapter).
``(4) The terms of office of the directors are 4 years.
``(5) A vacancy on the board shall be filled in the manner
in which the original appointment was made.
``(c) Chair.--The directors shall select one of the
directors as the chair of the board. The individual selected
may not be a current or former holder of any partisan elected
office or a current or former officer of any national
committee of a political party.
``(d) Quorum.--The number of directors constituting a
quorum of the board shall be established under the bylaws of
the foundation.
``(e) Meetings.--The board shall meet at the call of the
chair of the board for regularly scheduled meetings, except
that the board shall meet not less often than annually.
``(f) Reimbursement of Expenses.--Directors shall serve
without compensation but may receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5.
``(g) Liability of Directors.--Directors are not personally
liable, except for gross negligence.
``Sec. 152604. Officers and employees
``(a) Appointment of Officers and Employees.--The board of
directors appoints, removes, and replaces officers and
employees of the foundation.
``(b) Status and Compensation of Employees.--
``(1) In general.--Officers and employees of the
foundation--
``(A) are not employees of the Federal government (except
as may otherwise be provided in this chapter);
``(B) shall be appointed and removed without regard to the
provisions of title 5 governing appointments in the
competitive service; and
``(C) may be paid without regard to chapter 51 and
subchapter III of chapter 53 of title 5.
``(2) Availability of federal employee rates for travel.--
For purposes of any schedules of rates negotiated by the
Administrator of General Services for the use of employees of
the Federal government who travel on official business,
officers and employees of the foundation who travel while
engaged in the performance of their duties under this chapter
shall be deemed to be employees of the Federal government.
``Sec. 152605. Powers
``(a) General.--The foundation may--
``(1) adopt a constitution and bylaws;
``(2) adopt a seal which shall be judicially noticed; and
``(3) do any other act necessary to carry out this chapter.
``(b) Powers as Trustee.--To carry out its purposes, the
foundation has the usual powers of a corporation acting as a
trustee in the District of Columbia, including the power--
``(1) to accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest, either absolutely or in
trust, of property or any income from or other interest in
property;
``(2) to acquire property or an interest in property by
purchase or exchange;
``(3) unless otherwise required by an instrument of
transfer, to sell, donate, lease, invest, or otherwise
dispose of any property or income from property;
``(4) to borrow money and issue instruments of
indebtedness;
``(5) to make contracts and other arrangements with public
agencies and private organizations and persons and to make
payments necessary to carry out its functions;
``(6) to sue and be sued; and
``(7) to do any other act necessary and proper to carry out
the purposes of the foundation.
``(c) Encumbered or Restricted Gifts.--A gift, devise, or
bequest may be accepted by the foundation even though it is
encumbered, restricted, or subject to beneficial interests of
private persons, if any current or future interest is for the
benefit of the foundation.
``(d) Contracts.--The foundation may enter into such
contracts with public and private entities as it considers
appropriate to carry out its purposes.
``(e) Annual Conference in Washington Metropolitan Area.--
During each year (beginning with 2003), the foundation may
sponsor a conference in the Washington, D.C., metropolitan
area to honor secondary school students and other individuals
who have served (or plan to serve) as poll workers and
assistants and who have otherwise participated in the
programs and activities of the foundation.
``Sec. 152606. Principal office
``The principal office of the foundation shall be in the
District of Columbia unless the board of directors determines
otherwise. However, the foundation may conduct business
throughout the States, territories, and possessions of the
United States.
``Sec. 152607. Service of process
``The foundation shall have a designated agent to receive
service of process for the foundation. Notice to or service
on the agent, or mailed to the business address of the agent,
is notice to or service on the foundation.
``Sec. 152608. Annual audit
``The foundation shall enter into a contract with an
independent auditor to conduct an annual audit of the
foundation.
``Sec. 152609. Civil action by Attorney General for equitable
relief
``The Attorney General may bring a civil action in the
United States District Court for the District of Columbia for
appropriate equitable relief if the foundation--
``(1) engages or threatens to engage in any act, practice,
or policy that is inconsistent with the purposes in section
152602 of this title; or
``(2) refuses, fails, or neglects to carry out its
obligations under this chapter or threatens to do so.
``Sec. 152610. Immunity of United States Government
``The United States Government is not liable for any debts,
defaults, acts, or omissions of the foundation. The full
faith and credit of the Government does not extend to any
obligation of the foundation.
``Sec. 152611. Authorization of appropriations
``There are authorized to be appropriated to the foundation
for carrying out the purposes of this chapter--
``(1) $5,000,000 for fiscal year 2002; and
``(2) such sums as may be necessary for each succeeding
fiscal year.
``Sec. 152612. Annual report
``As soon as practicable after the end of each fiscal year,
the foundation shall submit a report to the Commission, the
President, and Congress on the activities of the foundation
during the prior fiscal year, including a complete statement
of its receipts, expenditures, and investments. Such report
shall contain information gathered from participating
secondary school students describing the nature of the work
they performed in assisting local election officials and the
value they derived from the experience of educating
participants about the electoral process.''.
(b) Clerical Amendment.--The table of chapters for part B
of subtitle II of title 36, United States Code, is amended by
inserting after the item relating to chapter 1523 the
following new item:
``1526. Help America Vote..............................................
Foundation..................................................152601''.
TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS.
(a) In General.--The chief State election official of each
State shall certify in writing to the Election Assistance
Commission that--
(1) in administering election systems, the State is in
compliance with the existing applicable requirements of the
Voting Rights Act of 1965, the National Voter Registration
Act of 1993, the Uniformed and Overseas Citizens Absentee
Voting Act, the Voting Accessibility for the Elderly and
Handicapped Act, and the Americans With Disabilities Act of
1990; and
(2) the State has enacted legislation to enable the State
to meet each of the minimum standards for State election
systems described in section 502.
(b) Methods of Implementation Left to Discretion of
State.--The specific choices on the methods of implementing
the legislation enacted pursuant to subsection (a)(2) shall
be left to the discretion of the State.
[[Page H9273]]
(c) Chief State Election Official Defined.--In this title,
the ``chief State election official'' of a State is the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8)
to be responsible for coordination of the State's
responsibilities under such Act.
SEC. 502. STANDARDS DESCRIBED.
The minimum standards for State election systems described
in this section are as follows:
(1) The State will implement a Statewide voter registration
system networked to every local jurisdiction in the State,
with provisions for sharing data with other States, except
that this paragraph shall not apply in the case of a State in
which, under law in effect continuously on and after the date
of the enactment of this Act, there is no voter registration
requirement for any voter in the State with respect to an
election for Federal office.
(2) The State election system includes provisions to ensure
that voter registration records in the State are accurate and
are updated regularly, including the following:
(A) A system of file maintenance which removes registrants
who are ineligible to vote from the official list of eligible
voters. Under such system, consistent with the National Voter
Registration Act of 1993, registrants who have not voted in 2
or more consecutive general elections for Federal office and
who have not responded to a notice shall be removed from the
official list of eligible voters, except that no registrant
may be removed solely by reason of a failure to vote.
(B) Safeguards to ensure that eligible voters are not
removed in error from the official list of eligible voters.
(3) The State permits, by the deadline required under
section 504(b), in-precinct provisional voting by every voter
who claims to be qualified to vote in the State, or has
adopted an alternative which achieves the same objective,
except that this paragraph shall not apply in the case of a
State in which, under law in effect continuously on and after
the date of the enactment of this Act, all votes in the State
in general elections for Federal office are cast by mail.
(4) The State has adopted uniform standards that define
what will constitute a vote on each category of voting
equipment certified for use in the State.
(5) The State has implemented safeguards to ensure that
absent uniformed services voters (as defined in section
107(1) of the Uniformed and Overseas Citizens Absentee Voting
Act) and overseas voters (as defined in section 107(5) of
such Act) in the jurisdiction have the opportunity to vote
and to have their votes counted.
(6) The State requires new voting systems to provide a
practical and effective means for voters with physical
disabilities to cast a secret ballot.
(7) If the State uses voting systems which give voters the
opportunity to correct errors, the State shall ensure that
voters are able to check for and correct errors under
conditions which assure privacy. States, and units of local
government within the States, replacing all voting machines
within their jurisdiction shall ensure that the new voting
system gives voters the opportunity to correct errors before
the vote is cast.
SEC. 503. ENFORCEMENT.
(a) Report by Commission to Attorney General.--If a State
does not provide a certification under section 501 to the
Election Assistance Commission, or if the Commission has
credible evidence that a State's certification is false or
that a State is carrying out activities in violation of the
terms of the certification, the Commission shall notify the
Attorney General.
(b) Action by Attorney General.--After receiving notice
from the Commission under subsection (a), the Attorney
General may bring a civil action against a State in an
appropriate district court for such declaratory or injunctive
relief as may be necessary to remedy a violation of this
title.
SEC. 504. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
requirements of this title shall take effect upon the
expiration of the 2-year period which begins on the date of
the enactment of this Act, except that if the chief State
election official of a State certifies that good cause exists
to waive the requirements of this title with respect to the
State until the date of the regularly scheduled general
election for Federal office held in November 2004, the
requirements shall apply with respect to the State beginning
on the date of such election.
(b) Deadlines for Implementation of Provisional Voting.--
The minimum standard described in section 502(3) (relating to
permitting in-precinct provisional voting) shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2002 and each succeeding
election for Federal office, except that if the chief State
election official of a State certifies that good cause exists
to delay the implementation of such standard in the State,
the standard shall apply in the State with respect to the
regularly scheduled general election for Federal office held
in November 2004 and each succeeding election for Federal
office held in the State.
TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS
SEC. 601. VOTING ASSISTANCE PROGRAMS.
(a) In General.--(1) Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1566. Voting assistance: compliance assessments;
assistance
``(a) Regulations.--The Secretary of Defense shall
prescribe regulations to require that the Army, Navy, Air
Force, and Marine Corps ensure their compliance with any
directives issued by the Secretary of Defense in implementing
any voting assistance program.
``(b) Voting Assistance Programs Defined.--In this section,
the term `voting assistance programs' means--
``(1) the Federal Voting Assistance Program carried out
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.); and
``(2) any similar program.
``(c) Annual Effectiveness and Compliance Reviews.--(1) The
Inspector General of each of the Army, Navy, Air Force, and
Marine Corps shall conduct--
``(A) an annual review of the effectiveness of voting
assistance programs; and
``(B) an annual review of the compliance with voting
assistance programs of that armed force.
``(2) Upon the completion of each annual review under
paragraph (1), each Inspector General specified in that
paragraph shall submit to the Inspector General of the
Department of Defense a report on the results of each such
review. Such report shall be submitted in time each year to
be reflected in the report of the Inspector General of the
Department of Defense under paragraph (3).
``(3) Not later than March 31 each year, the Inspector
General of the Department of Defense shall submit to Congress
a report on--
``(A) the effectiveness during the preceding calendar year
of voting assistance programs; and
``(B) the level of compliance during the preceding calendar
year with voting assistance programs of each of the Army,
Navy, Air Force, and Marine Corps.
``(d) Inspector General Assessments.--(1) The Inspector
General of the Department of Defense shall periodically
conduct at Department of Defense installations unannounced
assessments of the compliance at those installations with--
``(A) the requirements of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
``(B) Department of Defense regulations regarding that Act
and the Federal Voting Assistance Program carried out under
that Act; and
``(C) other requirements of law regarding voting by members
of the armed forces.
``(2) The Inspector General shall conduct an assessment
under paragraph (1) at not less than 10 Department of Defense
installations each calendar year.
``(3) Each assessment under paragraph (1) shall include a
review of such compliance--
``(A) within units to which are assigned, in the aggregate,
not less than 20 percent of the personnel assigned to duty at
that installation;
``(B) within a representative survey of members of the
armed forces assigned to that installation and their
dependents; and
``(C) within unit voting assistance officers to measure
program effectiveness.
``(e) Regular Military Department Assessments.--The
Secretary of each military department shall include in the
set of issues and programs to be reviewed during any
management effectiveness review or inspection at the
installation level an assessment of compliance with the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff et seq.) and with Department of Defense
regulations regarding the Federal Voting Assistance Program.
``(f) Voting Assistance Officers.--(1) Voting assistance
officers shall be appointed or assigned under Department of
Defense regulations. Commanders at all levels are responsible
for ensuring that unit voting officers are trained and
equipped to provide information and assistance to members of
the armed forces on voting matters. Performance evaluation
reports pertaining to a member who has been assigned to serve
as a voting assistance officer shall comment on the
performance of the member as a voting assistance officer. The
Secretary of each military department shall certify to
Congress that (at a minimum) a voting assistance officer has
been appointed or assigned for each military installation and
major command under the jurisdiction of the department and
that a replacement will be appointed if the original officer
is no longer able to serve.
``(2) Under regulations and procedures prescribed by the
Secretary, a member of the armed forces appointed or assigned
to duty as a voting assistance officer shall, to the maximum
extent practicable, be given the time and resources needed to
perform the member's duties as a voting assistance officer
during the period in advance of a general election when
members and their dependents are preparing and submitting
absentee ballots.
``(3) As part of each assessment prepared by the Secretary
of a military department under subsection (e), the Secretary
shall--
``(A) specify the number of members of the armed forces
under the jurisdiction of the Secretary who are appointed or
assigned to duty as voting assistance officers;
``(B) specify the ratio of voting assistance officers to
active duty members of the armed forces under the
jurisdiction of the Secretary;
``(C) indicate whether this number and ratio comply with
the requirements of the Federal Voting Assistance Program;
and
[[Page H9274]]
``(D) describe the training such members receive to perform
their duties as voting assistance officers.
``(g) Registration and Voting Information for Members and
Dependents.--(1) The Secretary of each military department,
using a variety of means including both print and electronic
media, shall, to the maximum extent practicable, ensure that
members of the armed forces and their dependents who are
qualified to vote have ready access to information regarding
voter registration requirements and deadlines (including
voter registration), absentee ballot application requirements
and deadlines, and the availability of voting assistance
officers to assist members and dependents to understand and
comply with these requirements.
``(2) The Secretary of each military department shall make
the national voter registration form prepared for purposes of
the Uniformed and Overseas Citizens Absentee Voting Act by
the Federal Election Commission available so that each person
who enlists, reenlists, or voluntarily extends an enlistment
or who completes a permanent change of station in an active
or reserve component of the Army, Navy, Air Force, or Marine
Corps shall receive such form at the time of the enlistment,
reenlistment, extension, or completion of the permanent
change of station, or as soon thereafter as practicable.
``(3) Where practicable, a special day or days shall be
designated at each military installation for the purpose of
informing members of the armed forces and their dependents of
election timing, registration requirements, and voting
procedures.
``(h) Delivery of Mail From Overseas Preceding Federal
Elections.--(1) During the four months preceding a general
Federal election month, the Secretary of Defense shall
periodically conduct surveys of all overseas locations and
vessels at sea with military units responsible for collecting
mail for return shipment to the United States and all port
facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations
or to the United States. The purpose of each survey shall be
to determine if voting materials are awaiting shipment at any
such location and, if so, the length of time that such
materials have been held at that location. During the fourth
and third months before a general Federal election month,
such surveys shall be conducted biweekly. During the second
and first months before a general Federal election month,
such surveys shall be conducted weekly.
``(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at
all times. The Secretary shall, to the maximum extent
practicable, implement measures to ensure that a postmark or
other official proof of mailing date is provided on each
absentee ballot collected at any overseas location or vessel
at sea whenever the Department of Defense is responsible for
collecting mail for return shipment to the United States. The
Secretary shall submit to Congress a report describing the
measures to be implemented to ensure the timely transmittal
and postmarking of voting materials and identifying the
persons responsible for implementing such measures.
``(3) The Secretary of each military department, utilizing
the voting assistance officer network established for each
military installation, shall, to the maximum extent
practicable, provide notice to members of the armed forces
stationed at that installation of the last date before a
general Federal election for which absentee ballots mailed
from a postal facility located at that installation can
reasonably be expected to be timely delivered to the
appropriate State and local election officials.
``(4) In this section, the term `general Federal election
month' means November in an even-numbered year.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1566. Voting assistance: compliance assessments; assistance.''.
(b) Initial Report.--The first report under section
1566(c)(3) of title 10, United States Code, as added
by subsection (a), shall be submitted not later than March
31, 2003.
SEC. 602. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE
INFORMATION ON REGISTRATION AND ABSENTEE
BALLOTS FOR ALL VOTERS IN STATE.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) In General.--'' before ``Each
State''; and
(2) by adding at the end the following new subsection:
``(b) Designation of Single State Office To Provide
Information on Registration and Absentee Ballot Procedures
for All Voters in State.--
``(1) In general.--Each State shall designate a single
office which shall be responsible for providing information
regarding voter registration procedures and absentee ballot
procedures (including procedures relating to the use of the
Federal write-in absentee ballot) to all absent uniformed
services voters and overseas voters who wish to register to
vote or vote in any jurisdiction in the State.
``(2) Recommendation regarding use of office to accept and
process materials.--Congress recommends that the State office
designated under paragraph (1) be responsible for carrying
out the State's duties under this Act, including accepting
valid voter registration applications, absentee ballot
applications, and absentee ballots (including Federal write-
in absentee ballots) from all absent uniformed services
voters and overseas voters who wish to register to vote or
vote in any jurisdiction in the State.''.
SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED
AFTER GENERAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended
by section 602, is amended by adding at the end the following
new subsection:
``(c) Report on Number of Absentee Ballots Transmitted and
Received.--Not later than 90 days after the date of each
regularly scheduled general election for Federal office, each
State and unit of local government which administered the
election shall (through the State, in the case of a unit of
local government) submit a report to the Election Assistance
Commission (established under the Help America Vote Act of
2001) on the number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the
election and the number of such ballots which were returned
by such voters and cast in the election, and shall make such
report available to the general public.''.
(b) Development of Standardized Format for Reports.--The
Election Assistance Commission, working with the Election
Assistance Commission Board of Advisors and the Election
Assistance Commission Standards Board, shall develop a
standardized format for the reports submitted by States and
units of local government under section 102(c) of the
Uniformed and Overseas Citizens Absentee Voting Act (as added
by subsection (a)), and shall make the format available to
the States and units of local government submitting such
reports.
SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATION PROCEDURES FOR ABSENT
UNIFORMED SERVICES AND OVERSEAS VOTERS.
(a) Requiring States To Accept Official Form for
Simultaneous Voter Registration and Absentee Ballot
Application; Deadline for Processing Application.--
(1) In general.--Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1),
as amended by section 602, is amended--
(A) by amending paragraph (2) to read as follows:
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an absent
uniformed services voter or overseas voter, if the
application is received by the appropriate State election
official not less than 30 days before the election;'';
(B) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) use the official post card form (prescribed under
section 101) for simultaneous voter registration application
and absentee ballot application.''.
(2) Conforming amendments.--Section 101(b)(2) of such Act
(42 U.S.C. 1973ff(b)(2) is amended by striking ``as
recommended in section 104'' and inserting ``as required
under section 102(4)''.
(b) Use of Single Application for All Subsequent
Elections.--Section 104 of such Act (42 U.S.C. 1973ff-3) is
amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT
ELECTIONS.
``(a) In General.--If a State accepts and processes an
official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or overseas
voter for simultaneous voter registration and absentee ballot
application (in accordance with section 102(a)(4)) and the
voter requests that the application be considered an
application for an absentee ballot for each subsequent
election for Federal office held in the State during that
year, the State shall provide an absentee ballot to the voter
for each subsequent election for Federal office held in the
State during that year.
``(b) Exception for Voters Changing Registration.--
Subsection (a) shall not apply with respect to a voter
registered to vote in a State for any election held after the
voter notifies the State that the voter no longer wishes to
be registered to vote in the State or after the State
determines that the voter has registered to vote in another
State.
``(c) Revision of Official Post Card Form.--The
Presidential designee shall revise the official post
card form (prescribed under section 101) to enable a voter
using the form to--
``(1) request an absentee ballot for each election for
Federal office held in a State during a year; or
``(2) request an absentee ballot for only the next
scheduled election for Federal office held in a State.
``(d) No Effect on Voter Removal Programs.--Nothing in this
section may be construed to prevent a State from removing any
voter from the rolls of registered voters in the State under
any program or method permitted under section 8 of the
National Voter Registration Act of 1993.''.
SEC. 605. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER
UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING
ACT.
(a) Educating Election Officials on Responsibilities Under
Act.--Section 101(b)(1)
[[Page H9275]]
of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff(b)(1)) is amended by striking the semicolon
at the end and inserting the following: ``, and ensuring that
such officials are aware of the requirements of this Act;''.
(b) Development of Standard Oath for Use With Materials.--
(1) In general.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(A) by striking ``and'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(7) prescribe a standard oath for use with any document
under this title affirming that a material misstatement of
fact in the completion of such a document may constitute
grounds for a conviction for perjury.''.
(2) Requiring states to use standard oath.--Section 102(a)
of such Act (42 U.S.C. 1973ff-1(b)), as amended by sections
603 and 605(a), is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) if the State requires an oath or affirmation to
accompany any document under this title, use the standard
oath prescribed by the Presidential designee under section
101(b)(7).''.
(c) Providing Breakdown Between Overseas Voters and Absent
Uniformed Services Voters in Statistical Analysis of Voter
Participation.--Section 101(b)(6) of such Act (42 U.S.C.
1973ff(b)(6)) is amended by inserting after ``participation''
the following: ``(listed separately for overseas voters and
absent uniformed services voters)''.
TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL
SEC. 701. REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL.
(a) In General.--Section 3629 of title 39, United States
Code, is amended to read as follows:
``Sec. 3629. Reduced rates for official election mail
``(a) Notwithstanding any other provision of this title,
the rate of postage for any first-class mail matter shall, in
the case of official election mail, be equal to 50 percent of
the regular first-class rate, subject to subsection (c).
``(b) For purposes of this section, the term `official
election mail' means any mailing by a State or local election
official that--
``(1) is mailed in the course of official business;
``(2) consists of voter registration or election
information or assistance prepared and mailed in a
nonpartisan manner; and
``(3) bears such logo or other markings as the Postal
Service may require.
Such term does not include any mailing that includes any mail
matter intended to promote government action unrelated to the
conduct of an election.
``(c) Nothing in this section shall, with respect to any
official election mail, be considered to make unavailable--
``(1) any free mailing privilege under section 3406 or any
other provision of law for which such mail otherwise
qualifies; or
``(2) any reduced rate of postage under section 3626 or any
other provision of law for which such mail otherwise
qualifies, if lower than the rate that would otherwise apply
under subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter
36 of title 39, United States Code, is amended by striking
the item relating to section 3629 and inserting the
following:
``3629. Reduced rates for official election mail.''.
TITLE VIII--TRANSITION PROVISIONS
Subtitle A--Transfer to Commission of Functions Under Certain Laws
SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Transfer of Functions of Office of Election
Administration of Federal Election Commission.--There are
transferred to the Election Assistance Commission established
under section 201 all functions which the Office of the
Election Administration, established within the Federal
Election Commission, exercised before the date of enactment
of this Act.
(b) Conforming Amendment.--Section 311(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) in paragraph (8), by inserting ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (10) and the second and third
sentences.
SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) Transfer of Functions.--There are transferred to the
Election Assistance Commission established under section 201
all functions which the Federal Election Commission exercised
under the National Voter Registration Act of 1993 before the
date of enactment of this Act.
(b) Conforming Amendment.--Section 9(a) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is
amended by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission''.
SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) Property and Records.--The contracts, liabilities,
records, property, and other assets and interests of, or made
available in connection with, the offices and functions of
the Federal Election Commission which are transferred by this
subtitle are transferred to the Election Assistance
Commission for appropriate allocation.
(b) Personnel.--
(1) In general.--The personnel employed in connection with
the offices and functions of the Federal Election Commission
which are transferred by this subtitle are transferred to the
Election Assistance Commission.
(2) Effect.--Any full-time or part-time personnel employed
in permanent positions shall not be separated or reduced in
grade or compensation because of the transfer under this
subsection during the 1-year period beginning on the date of
the enactment of this Act.
SEC. 804. EFFECTIVE DATE; TRANSITION.
(a) Effective Date.--This title and the amendments made by
this title shall take effect upon the appointment of all
members of the Election Assistance Commission under section
203.
(b) Transition.--With the consent of the entity involved,
the Election Assistance Commission is authorized to utilize
the services of such officers, employees, and other personnel
of the entities from which functions have been transferred to
the Election Assistance Commission under this title or the
amendments made by this title for such period of time as may
reasonably be needed to facilitate the orderly transfer of
such functions.
Subtitle B--Coverage of Commission Under Certain Laws and Programs
SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN
CIVIL SERVICE LAWS.
(a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I)
of title 5, United States Code, is amended by inserting ``or
the Election Assistance Commission'' after ``Commission''.
(b) Exclusion From Senior Executive Service.--Section
3132(a)(1)(C) of title 5, United States Code, is amended by
inserting ``or the Election Assistance Commission'' after
``Commission''.
SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.
(a) In General.--Section 8G(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting ``, the
Election Assistance Commission,'' after ``Federal Election
Commission,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the appointment of all
members of the Election Assistance Commission under section
203.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. STATE DEFINED.
In this Act, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the United States Virgin Islands.
SEC. 902. MISCELLANEOUS PROVISIONS TO PROTECT INTEGRITY OF
ELECTION PROCESS.
(a) Clarification of Ability of Election Officials To
Remove Registrants From Official List of Voters on Grounds of
Change of Residence.--Section 8(b)(2) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6(b)(2)) is
amended by striking the period at the end and inserting the
following: ``, except that nothing in this paragraph may be
construed to prohibit a State from using the procedures
described in subsections (c) and (d) to remove an individual
from the official list of eligible voters if the individual
has not voted or appeared to vote in 2 or more consecutive
general elections for Federal office and has not notified the
applicable registrar (in person or in writing) or responded
to a notice sent by the applicable registrar during the
period in which such elections are held that the individual
intends to remain registered in the registrar's
jurisdiction.''.
(b) Prohibiting Efforts by Poll Workers To Coerce Voters To
Cast Votes for Every Office on Ballot.--Section 594 of title
18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) Whoever'';
and
(2) by adding at the end the following new subsection:
``(b) For purposes of subsection (a), a poll worker who
urges or encourages a voter who has not cast a vote for each
office listed on the ballot to return to the voting booth to
cast votes for every office, or who otherwise intimidates,
harasses, or coerces the voter to vote for each such office
(or who attempts to intimidate, harass, or coerce the voter
to vote for each such office), shall be considered to have
intimidated, threatened, or coerced (or to have attempted to
intimidate, threaten, or coerce) the voter for the purpose of
interfering with the voter's right to vote as the voter may
choose. Nothing in this subsection shall prohibit a poll
worker from providing information to a voter who requests
assistance.''.
SEC. 903. NO EFFECT ON OTHER LAWS.
(a) In General.--Nothing in this Act and no action taken
pursuant to this Act shall supersede, restrict, or limit the
application of the Voting Rights Act of 1965, the National
Voter Registration Act of 1993, the
[[Page H9276]]
Voting Accessibility for the Elderly and Handicapped Act, or
the Americans with Disabilities Act of 1990.
(b) No Conduct Authorized Which is Prohibited Under Other
Laws.--Nothing in this Act authorizes or requires any conduct
which is prohibited by the Voting Rights Act of 1965, the
National Voter Registration Act of 1993, or the Americans
with Disabilities Act of 1990.
(c) Application to States, Local Governments, and
Commission.--Except as specifically provided in the case of
the National Voter Registration Act of 1993, nothing in this
Act may be construed to affect the application of the Voting
Rights Act of 1965, the National Voter Registration Act of
1993, or the Americans with Disabilities Act of 1990 to any
State, unit of local government, or other person, or to grant
to the Election Assistance Commission the authority to carry
out activities inconsistent with such Acts.
The SPEAKER pro tempore. The amendment printed in the bill, modified
by the amendment printed in House Report 107-331, is adopted.
The text of H.R. 3295, as amended, as modified, is as follows:
H.R. 3295
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Help
America Vote Act of 2001''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PUNCH CARD VOTING MACHINES
Subtitle A--Replacement of Machines
Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
Subtitle B--Enhancing Performance of Existing Systems
Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.
Subtitle C--General Provisions
Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.
TITLE II--COMMISSION
Subtitle A--Establishment and General Organization
Part 1--Election Assistance Commission
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.
Part 2--Election Assistance Commission Standards Board and Board of
Advisors
Sec. 211. Establishment.
Sec. 212. Duties.
Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of boards; no compensation for service.
Sec. 216. Status of boards and members for purposes of claims against
board.
Subtitle B--Voluntary Election Standards
Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.
Subtitle C--Election Assistance
Part 1--Election Fund Payments to States for Voting System Improvements
Sec. 231. Election fund payments to States for voting system
improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
Sec. 235. Reports
Part 2--Grants for Research on Voting Technology Improvements
Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.
Part 3--Pilot Program for Testing of Equipment and Technology
Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.
Part 4--Miscellaneous
Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.
TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM
Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.
TITLE IV--HELP AMERICA VOTE FOUNDATION
Sec. 401. Help America Vote Foundation.
TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.
TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS
Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on
registration and absentee ballots for all voters in
State.
Sec. 603. Report on absentee ballots transmitted and received after
general elections.
Sec. 604. Simplification of voter registration and absentee ballot
application procedures for absent uniformed services and
overseas voters.
Sec. 605. Additional duties of Presidential designee under Uniformed
and Overseas Citizens Absentee Voting Act.
Sec. 606. Use of buildings on military installations and reserve
component facilities as polling places.
TITLE VII--TRANSITION PROVISIONS
Subtitle A--Transfer to Commission of Functions Under Certain Laws
Sec. 701. Federal Election Campaign Act of 1971.
Sec. 702. National Voter Registration Act of 1993.
Sec. 703. Transfer of property, records, and personnel.
Sec. 704. Effective date; transition.
Subtitle B--Coverage of Commission Under Certain Laws and Programs
Sec. 711. Treatment of Commission personnel under certain civil service
laws.
Sec. 712. Coverage under Inspector General Act of 1978.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. State defined.
Sec. 802. Miscellaneous provisions to protect integrity of election
process.
Sec. 803. No effect on other laws.
TITLE I--PUNCH CARD VOTING MACHINES
Subtitle A--Replacement of Machines
SEC. 101. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Administrator of General
Services (hereafter in this title referred to as the
``Administrator'') shall establish a program under which the
Administrator shall make a one-time payment to each eligible
State or unit of local government which used a punch card
voting system to administer the regularly scheduled general
election for Federal office held in November 2000.
(b) Use of Funds.--A State or unit of local government
shall use the funds provided under a payment under this
subtitle (either directly or as reimbursement) to replace its
punch card voting system with a voting system which does not
use punch cards (by purchase, lease, or such other
arrangement as may be appropriate).
(c) Deadline.--
(1) In general.--A State or unit of local government
receiving a payment under the program under this subtitle
shall--
(A) obligate the funds provided for the uses described in
subsection (b) not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002; and
(B) ensure that all of the punch card voting systems under
its jurisdiction have been replaced in time for the regularly
scheduled general election for Federal office to be held in
November 2004.
(2) Waiver.--If a State or unit of local government
provides the Election Assistance Commission (established
under section 201) (not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002) with a notice that the State or unit will not
meet the deadlines described in paragraph (1) and includes in
the notice the reasons for the failure to meet such
deadlines, and the Commission finds that there is good cause
for the failure to meet such deadlines, paragraph (1) shall
apply to the State or unit as if--
(A) the reference in paragraph (1)(A) to ``November 2002''
were a reference to ``November 2004''; and
(B) the reference in paragraph (1)(B) to ``November 2004''
were a reference to ``November 2006''.
SEC. 102. ELIGIBILITY.
(a) States.--A State is eligible to receive a payment under
the program under this subtitle if it submits to the
Administrator an application not later than 120 days after
the date of the enactment of this Act (in such form as the
Administrator may require) which contains--
(1) assurances that the State will use the payment (either
directly or as reimbursement) to replace punch card voting
systems in jurisdictions within the State which used such
systems to carry out the general Federal election held in
November 2000;
(2) assurances that in replacing punch card voting systems
the State will continue to meets its duties under the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee et seq.) and the Americans With Disabilities Act, and
will consider the use of new technology by individuals with
disabilities (including blindness)
(3) assurances that in replacing punch card voting systems
the State will provide for alternative language accessibility
for individuals with limited English proficiency, consistent
with the requirements of the Voting Rights Act of 1965 and
any other applicable provisions of law; and
(4) such other information and assurances as the
Administrator may require which are necessary for the
administration of the program.
(b) Unit of Local Government.--A unit of local government
is eligible to receive a payment under the program under this
subtitle if it submits to the Administrator--
[[Page H9277]]
(1) not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002, a statement of its intent to participate in the
program, including assurances that the State in which the
unit is located--
(A) failed to submit an application under subsection (a)
within the deadline specified under such subsection,
(B) is otherwise not eligible to receive a payment under
the program, or
(C) will not use the payment to replace punch card voting
systems in the unit; and
(2) an application (at such time and in such form as the
Administrator may require) which contains similar assurances
to those required to be provided by a State in its
application under subsection (a).
SEC. 103. AMOUNT OF PAYMENT.
(a) In General.--The amount of payment made to a State or
unit of local government under the program under this
subtitle shall be equal to the applicable per precinct
matching rate of the cost to the State or unit (as the case
may be) of replacing the punch card voting systems used in
each precinct in the State or unit (as the case may be),
except that in no case may the amount of the payment exceed
the product of--
(1) the number of voting precincts administered by the
State or unit which used a punch card voting system to carry
out the general Federal election held in November 2000; and
(2) $6,000.
(b) Applicable Per Precinct Matching Rate Defined.--In
subsection (a), the ``applicable per precinct matching rate''
is--
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose average per
capita income is within the lowest quartile of average per
capita incomes for all precincts in the United States (as
determined by the 2000 decennial census).
SEC. 104. AUDIT AND REPAYMENT OF FUNDS.
(a) Audit.--Funds provided under the program under this
subtitle shall be subject to audit by the Administrator.
(b) Repayment for Failure To Meet Deadlines.--If a State or
unit of local government (as the case may be) receiving funds
under the program under this subtitle fails to meet the
deadlines applicable to the State or unit under section
101(c), the State or unit shall pay to the Administrator an
amount equal to the amount of the funds provided to the State
or unit under the program.
SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this subtitle, a ``punch card voting
system'' means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
Subtitle B--Enhancing Performance of Existing Systems
SEC. 111. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Administrator shall establish
a program under which the Administrator shall make a one-time
payment to each eligible State or unit of local government
which used a punch card voting system to administer the
regularly scheduled general election for Federal office held
in November 2000.
(b) Use of Funds.--A State or unit of local government
shall use the funds provided under a payment under this
subtitle (either directly or as reimbursement) to make
technical enhancements to the performance of its punch card
voting system (by any arrangement as may be appropriate).
(c) Deadline.--
(1) In general.--A State or unit of local government
receiving a payment under the program under this subtitle
shall--
(A) obligate the funds provided for the uses described in
subsection (b) not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002; and
(B) ensure that technical enhancements have been made to
the performance of all of the punch card voting systems under
its jurisdiction in time for the regularly scheduled general
election for Federal office to be held in November 2004.
(2) Waiver.--If a State or unit of local government
provides the Election Assistance Commission (established
under section 201) (not later than the date of the regularly
scheduled general election for Federal office to be held in
November 2002) with a notice that the State or unit will not
meet the deadlines described in paragraph (1) and includes in
the notice the reasons for the failure to meet such
deadlines, and the Commission finds that there is good cause
for the failure to meet such deadlines, paragraph (1) shall
apply to the State or unit as if--
(A) the reference in paragraph (1)(A) to ``November 2002''
were a reference to ``November 2004''; and
(B) the reference in paragraph (1)(B) to ``November 2004''
were a reference to ``November 2006''.
SEC. 112. ELIGIBILITY.
(a) States.--Subject to subsection (c), a State is eligible
to receive a payment under the program under this subtitle if
it submits to the Administrator an application not later than
120 days after the date of the enactment of this Act (in such
form as the Administrator may require) which contains--
(1) assurances that the State will use the payment (either
directly or as reimbursement) to make technical enhancements
to the performance of punch card voting systems in
jurisdictions within the State which used such systems to
carry out the general Federal election held in November 2000;
(2) assurances that in enhancing the performance of such
voting systems the State will continue to meets its duties
under the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) and the Americans
With Disabilities Act; and
(3) such other information and assurances as the
Administrator may require which are necessary for the
administration of the program.
(b) Units of Local Government.--Subject to subsection (c),
a unit of local government is eligible to receive a payment
under the program under this subtitle if it submits to the
Administrator--
(1) not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002, a statement of its intent to participate in the
program, including assurances that the State in which the
unit is located--
(A) failed to submit an application under subsection (a)
within the deadline specified under such subsection,
(B) is otherwise not eligible to receive a payment under
the program, or
(C) will not use the payment to enhance the performance of
punch card voting systems in the unit; and
(2) an application (at such time and in such form as the
Administrator may require) which contains similar assurances
to those required to be provided by a State in its
application under subsection (a).
(c) Prohibiting Participation in Punch Card Replacement
Program.--A State or unit of local government is not eligible
to receive a payment under the program under this subtitle if
the State or unit receives a payment under the program under
subtitle A.
SEC. 113. AMOUNT OF PAYMENT.
(a) In General.--The amount of payment made to a State or
unit of local government under the program under this
subtitle shall be equal to the applicable per precinct
matching rate of the cost to the State or unit (as the case
may be) of the activities to be funded with the payment under
the program in each precinct in the State or unit (as the
case may be), except that in no case may the amount of the
payment exceed the product of--
(1) the number of voting precincts administered by the
State or unit which used a punch card voting system to carry
out the general Federal election held in November 2000; and
(2) $2,000.
(b) Applicable Per Precinct Matching Rate Defined.--In
subsection (a), the ``applicable per precinct matching rate''
is--
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose average per
capita income is within the lowest quartile of average per
capita incomes for all precincts in the United States (as
determined by the 2000 decennial census).
SEC. 114. AUDIT AND REPAYMENT OF FUNDS.
(a) Audit.--Funds provided under the program under this
subtitle shall be subject to audit by the Administrator.
(b) Repayment for Failure To Meet Requirements.--If a State
or unit of local government (as the case may be) receiving
funds under the program under this subtitle fails to meet the
deadlines applicable to the State or unit under section
111(c), the State or unit shall pay to the Administrator an
amount equal to the amount of the funds provided to the State
or unit under the program.
Subtitle C--General Provisions
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for payments under this title $400,000,000, to remain
available until expended (subject to subsection (b)).
(b) Use of Returned Funds and Funds Remaining Unexpended
for Election Fund Payments.--
(1) In general.--The amounts referred to in paragraph (2)
shall be transferred to the Election Assistance Commission
(established under title II) and used by the Commission to
make Election Fund payments under part 1 of subtitle C of
title II.
(2) Amounts described.--The amounts referred to in this
paragraph are as follows:
(A) Any amounts appropriated pursuant to the authorization
under this section which remain unobligated as of the date of
the regularly scheduled general election for Federal office
held in November 2002.
(B) Any amounts paid to the Administrator by a State or
unit of local government under section 104(b).
(C) Any amounts paid to the Administrator by a State or
unit of local government under section 114(b).
SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this title, a ``punch card voting system''
means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
TITLE II--COMMISSION
Subtitle A--Establishment and General Organization
PART 1--ELECTION ASSISTANCE COMMISSION
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity in the
executive branch the Election Assistance Commission
(hereafter in this title referred to as the ``Commission''),
consisting of
[[Page H9278]]
the members appointed under this part. Additionally, there is
established the Election Assistance Commission Standards
Board (including the Executive Board of such Board) under
part 2 and the Election Assistance Commission Board of
Advisors under part 2.
SEC. 202. DUTIES.
The Commission shall serve as a national clearinghouse and
resource for the compilation of information and review of
procedures with respect to the administration of Federal
elections by--
(1) carrying out the duties described in subtitle B
(relating to voluntary election standards);
(2) carrying out the duties described in subtitle C
(relating to election assistance) ``, and providing
information and training on the management of the grants
provided under such subtitle;''.
(3) developing and carrying out the Help America Vote
College Program under title III.
SEC. 203. MEMBERSHIP AND APPOINTMENT.
(a) Membership.--
(1) In general.--The Commission shall have 4 members
appointed by the President, by and with the consent of the
Senate, of whom--
(A) 1 shall be appointed from among a list of nominees
submitted by the majority leader of the Senate;
(B) 1 shall be appointed from among a list of nominees
submitted by the minority leader of the Senate;
(C) 1 shall be appointed from among a list of nominees
submitted by the Speaker of the House of Representatives; and
(D) 1 shall be appointed from among a list of nominees
submitted by the minority leader of the House of
Representatives.
(2) Qualifications.--Each member of the Commission shall
have experience with or expertise in election administration
or the study of elections, except that no individual may
serve as a member of the Commission if the individual is an
officer or employee of the Federal Government at any time
during the period of service on the Commission.
(3) 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.
(b) Term of Service.--
(1) In general.--Except as provided in paragraphs (2) and
(3), members shall serve for a term of 4 years and may be
reappointed for not more than one additional term.
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) 2 of the members (not more than 1 of whom may be
affiliated with the same political party) shall be appointed
for a term of 2 years; and
(B) 2 of the members (not more than 1 of whom may be
affiliated with the same political party) shall be appointed
for a term of 4 years.
(3) Vacancies.--
(A) In general.--A vacancy on the Commission shall be
filled in the manner in which the original appointment was
made and shall be subject to any conditions which applied
with respect to the original appointment.
(B) Expired terms.--A member of the Commission may serve on
the Commission after the expiration of the member's term
until the successor of such member has taken office as a
member of the Commission.
(C) Unexpired terms.--An individual chosen to fill a
vacancy shall be appointed for the unexpired term of the
member replaced.
(c) Chair and Vice Chair.--The Commission shall select a
chair and vice chair from among its members for a term of 1
year, except that the chair and vice chair may not be
affiliated with the same political party.
(d) Compensation.--
(1) In general.--Members of the Commission shall each be
paid at an annual rate equal to $30,000.
(2) Travel expenses.--Members of the Commission shall each
receive 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.
(3) Outside employment permitted.--A member of the
Commission may hold any other office or employment not
inconsistent or in conflict with the member's duties,
responsibilities, and powers as a member of the Commission.
SEC. 204. STAFF.
(a) Executive Director and Other Staff.--
(1) In general.--The Commission shall have an Executive
Director, who shall be paid at a rate not to exceed the rate
of basic pay for level V of the Executive Schedule.
(2) Term of service for executive director.--Except as
provided in paragraph (3)(C), the Executive Director shall
serve for a term of 4 years. An Executive Director may be
reappointed for additional terms.
(3) Procedure for appointment.--
(A) In general.--When a vacancy exists in the position of
the Executive Director, the Election Assistance Commission
Standards Board and the Election Assistance Commission Board
of Advisors (described in part 2) shall each appoint a search
committee to recommend not fewer than 3 nominees for the
position.
(B) Requiring consideration of nominees.--Except as
provided in subparagraph (C), the Commission shall consider
the nominees recommended by the Standards Board and the Board
of Advisors in appointing the Executive Director.
(C) Special rules for first executive director.--
(i) Convening of search committees.--The Standards Board
and the Board of Advisors shall each appoint a search
committee and recommend nominees for the position of
Executive Director in accordance with subparagraph (A) as
soon as practicable after the appointment of their
members.
(ii) Interim initial appointment.--Notwithstanding
subparagraph (B), the Commission may appoint an individual to
serve as the first Executive Director prior to the
recommendation of nominees for the position by the Standards
Board or the Board of Advisors, except that such individual's
term of service may not exceed 6 months. Nothing in the
previous sentence may be construed to prohibit the individual
serving as the first Executive Director from serving any
additional term.
(4) Other staff.--Subject to rules prescribed by the
Commission, the Executive Director may appoint and fix the
pay of such additional personnel as the Executive Director
considers appropriate.
(5) Applicability of certain civil service laws.--The
Executive Director and staff of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates,
except that an individual so appointed may not receive pay in
excess of the annual rate of basic pay for level V of the
Executive Schedule.
(b) Experts and Consultants.--Subject to rules prescribed
by the Commission, the Executive Director may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, with the approval of a majority
of the members of the Commission.
(c) Staff of Federal Agencies.--Upon request of the Chair,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its
duties under this Act.
(d) Arranging for Assistance for Board of Advisors and
Standards Board.--At the request of the Election Assistance
Commission Board of Advisors or the Election Assistance
Commission Standards Board established under part 2, the
Executive Director shall enter into such arrangements as the
Executive Director considers appropriate to make personnel
available to assist the Boards with carrying out their duties
under this title (including contracts with private
individuals for providing temporary personnel services or the
temporary detailing of personnel of the Commission).
(e) Consultation With Board of Advisors and Standards Board
on Certain Matters.--In preparing the program goals, long-
term plans, mission statements, and related matters for the
Commission, the Executive Director and staff of the
Commission shall consult with the Election Assistance
Commission Board of Advisors and the Election Assistance
Commission Standards Board established under part 2.
SEC. 205. POWERS.
(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 Chair of the Commission,
the head of such department or agency shall furnish such
information to the Commission.
(c) 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.
(d) Administrative Support Services.--Upon the request of
the Chair of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, the administrative support services that are necessary
to enable the Commission to carry out its duties under this
Act.
(e) 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 of the United States (41 U.S.C. 5).
SEC. 206. LIMITATION ON RULEMAKING AUTHORITY.
The Commission shall not have any authority to issue any
rule, promulgate any regulation, or take any other action
which imposes any requirement on any State or unit of local
government, except to the extent permitted under the National
Voter Registration Act of 1993.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts authorized for payments and
grants under subtitle C and the amounts authorized to be
appropriated for the program under section 303, there are
authorized to be appropriated for each of the fiscal years
2002 through 2004 such sums as may be necessary (but not to
exceed $10,000,000 for each such year) for the Commission to
carry out its duties under this title.
PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF
ADVISORS
SEC. 211. ESTABLISHMENT.
There are hereby established the Election Assistance
Commission Standards Board (hereafter in this title referred
to as the ``Standards Board'') and the Election Assistance
Commission Board of Advisors (hereafter in this title
referred to as the ``Board of Advisors'').
SEC. 212. DUTIES.
The Standards Board and the Board of Advisors shall each,
in accordance with the procedures described in section 223,
review any of the
[[Page H9279]]
voluntary engineering and procedural performance standards
described in section 221(a)(1), any of the voluntary
standards described in section 221(a)(4), and any of the
voluntary election management practice standards described in
section 221(a)(6) (and any modifications to such standards)
which are recommended by the Commission under subtitle B.
SEC. 213. MEMBERSHIP OF STANDARDS BOARD.
(a) Composition.--
(1) In general.--Subject to certification by the chair of
the Federal Election Commission under subsection (b), the
Standards Board shall be composed of 110 members as follows:
(A) 55 shall be State election officials selected by the
chief State election officials of each State.
(B) 55 shall be local election officials selected in
accordance with paragraph (2).
(2) List of local election officials.--Each State's local
election officials shall select (under a process supervised
by the chief election official of the State) a representative
local election official from the State for purposes of
paragraph (1)(B). In the case of the District of Columbia,
Guam, and American Samoa, the chief election official shall
establish a procedure for selecting an individual to serve as
a local election official for purposes of such paragraph,
except that under such a procedure the individual selected
may not be a member of the same political party as the chief
election official.
(3) Requiring mix of political parties represented.--The 2
members of the Standards Board who represent the same State
may not be members of the same political party.
(b) Procedures for Notice and Certification of
Appointment.--
(1) Notice to chair of federal election commission.--Not
later than 90 days after the date of the enactment of this
Act, ``the chief State election official of the State'';
shall transmit a notice to chair of the Federal Election
Commission containing--
(A) a statement that ``the selected State election
official'' agrees to serve on the Standards Board under this
title; and
(B) the name of the representative local election official
from the State selected under subsection (a)(2) who will
serve on the Standards Board under this title.
(2) Certification.--Upon receiving a notice from a State
under paragraph (1), the chair of the Federal Election
Commission shall publish a certification that the ``selected
State election official'' and the representative local
election official are appointed as members of the Standards
Board under this title.
(3) Effect of failure to provide notice.--If a State does
not transmit a notice to the chair of the Federal Election
Commission under paragraph (1) within the deadline described
in such paragraph, no representative from the State may
participate in the selection of the Executive Board under
subsection (c).
(4) Role of commission.--Upon the appointment of the
members of the Election Assistance Commission, the Election
Assistance Commission shall carry out the duties of the
Federal Election Commission under this subsection.
(c) Executive Board.--
(1) In general.--Not later than 60 days after the last day
on which the appointment of any of its members may be
certified under subsection (b), the Standards Board shall
select 9 of its members to serve as the Executive Board of
the Standards Board, of whom--
(A) not more than 5 may be State election officials;
(B) not more than 5 may be local election officials; and
(C) not more than 5 may be members of the same political
party.
(2) Terms.--Except as provided in paragraph (3), members of
the Executive Board of the Standards Board shall serve for a
term of 2 years and may not serve for more than 3 consecutive
terms.
(3) Staggering of initial terms.--Of the members first
selected to serve on the Executive Board of the Standards
Board--
(A) 3 shall serve for one term;
(B) 3 shall serve for 2 consecutive terms; and
(C) 3 shall serve for 3 consecutive terms,
as determined by lot at the time the members are first
appointed.
(4) Duties.--In addition to any other duties assigned under
this title, the Executive Board of the Standards Board may
carry out such duties of the Standards Board as the Standards
Board may delegate.
SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.
(a) In General.--The Board of Advisors shall be composed of
25 members appointed as follows:
(1) 2 members appointed by the United States Commission on
Civil Rights.
(2) 2 members appointed by the Architectural and
Transportation Barrier Compliance Board under section 502 of
the Rehabilitation Act of 1973 (29 U.S.C. 792).
(3) 2 members appointed by the National Governors
Association.
(4) 2 members appointed by the National Conference of State
Legislatures.
(5) 2 members appointed by the National Association of
Secretaries of State.
(6) 2 members appointed by the National Association of
State Election Directors.
(7) 2 members appointed by the National Association of
Counties.
(8) 2 members appointed by the National Association of
County Recorders, Election Administrators, and Clerks.
(9) 2 members appointed by the United States Conference of
Mayors.
(10) 2 members appointed by the Election Center.
(11) 2 members appointed by the International Association
of County Recorders, Election Officials, and Treasurers.
(12) 2 members representing professionals in the field of
science and technology, of whom 1 shall be appointed by the
Speaker of the House of Representatives and 1 shall be
appointed by the majority leader of the Senate (or, if the
majority leader is a member of the same political party as
the Speaker, by the minority leader of the Senate).
(13) The chief of the Office of Public Integrity of the
Department of Justice, or the chief's designee.
(b) Diversity in Appointments.--Appointments shall be made
to the Board of Advisors under subsection (a) in a manner
which ensures that the Board of Advisors will be bipartisan
in nature and will reflect the various geographic regions of
the United States.
(c) Term of Service; Vacancy.--Members of the Board of
Advisors shall serve for a term of 2 years, and may be
reappointed. Any vacancy in the Board of Advisors shall be
filled in the manner in which the original appointment was
made.
(d) Chair.--The Board of Advisors shall elect a Chair from
among its members.
SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.
(a) Hearings and Sessions.--
(1) In general.--To the extent that funds are made
available by the Commission, the Standards Board (acting
through the Executive Board) and the Board of Advisors may
each 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 each such Board
considers advisable to carry out this title, except that the
Boards may not issue subpoenas requiring the attendance and
testimony of witnesses or the production of any evidence.
(2) Meetings.--The Standards Board and the Board of
Advisors shall each hold a meeting of its members--
(A) not less frequently than once every year for purposes
of voting on the standards referred to it under section 223;
(B) in the case of the Standards Board, not less frequently
than once every 2 years for purposes of selecting the
Executive Board; and
(C) at such other times as it considers appropriate for
purposes of conducting such other business as it considers
appropriate consistent with this title.
(b) Information From Federal Agencies.--The Standards Board
and the Board of Advisors may each secure directly from any
Federal department or agency such information as the Board
considers necessary to carry out this Act. Upon request of
the Executive Board (in the case of the Standards Board) or
the Chair (in the case of the Board of Advisors), the head of
such department or agency shall furnish such information to
the Board.
(c) Postal Services.--The Standards Board and the Board of
Advisors may use the United States mails in the same manner
and under the same conditions as a department or agency of
the Federal Government.
(d) Administrative Support Services.--Upon the request of
the Executive Board (in the case of the Standards Board) or
the Chair (in the case of the Board of Advisors), the
Administrator of the General Services Administration shall
provide to the Board, on a reimbursable basis, the
administrative support services that are necessary to enable
the Board to carry out its duties under this title.
(e) No Compensation for Service.--Members of the Standards
Board and members of the Board of Advisors shall not receive
any compensation for their service, but shall be paid 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 Board.
SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF CLAIMS
AGAINST BOARD.
(a) In General.--The provisions of chapters 161 and 171 of
title 28, United States Code, shall apply with respect to the
liability of the Standards Board, the Board of Advisors, and
their members for acts or omissions performed pursuant to and
in the course of the duties and responsibilities of the
Board.
(b) Exception for Criminal Acts and Other Willful
Conduct.--Subsection (a) may not be construed to limit
personal liability for criminal acts or omissions, willful or
malicious misconduct, acts or omissions for private gain, or
any other act or omission outside the scope of the service of
a member of the Standards Board or the Board of Advisors.
Subtitle B--Voluntary Election Standards
SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STANDARDS.
(a) In General.--The Commission shall:
(1) In accordance with section 223, develop (through the
Executive Director of the Commission), adopt, and update (not
less often than every 4 years thereafter) voluntary
engineering and procedural performance standards for voting
systems used in Federal elections which shall meet the
following requirements:
(A) The scope of the standards should include security
(including a documentary audit for non-ballot systems), the
procedures for certification and decertification of software
and hardware, the assessment of usability, and operational
guidelines for the proper use and maintenance of equipment.
(B) The standards should provide that voters have the
opportunity to correct errors at the precinct or other
polling place, either within the voting equipment itself or
in the operational guidelines to administrators for using the
equipment, under conditions which assure privacy to the
voter.
(C) Each voting tally system certified for use should
include as part of the certification a proposed statement of
what constitutes a proper vote in the design and operation of
the system.
[[Page H9280]]
(D) New voting equipment systems certified either by the
Federal government or by any State should provide a practical
and effective means for voters with physical disabilities
including blindness to cast a secret ballot.
(2) Maintain a clearinghouse of information on the
experiences of State and local governments in implementing
the voluntary standards described in paragraph (1) and in
operating voting systems in general.
(3) In accordance with section 224, provide for the
voluntary testing, certification, decertification, and
recertification of voting systems.
(4) Advise States and units of local government regarding
compliance with the requirements of the Voting Accessibility
for the Elderly and Handicapped Act (42 U.S.C. 1973ee et
seq.) and compliance with other Federal laws regarding
accessibility of registration facilities and polling places.
Additionally, in accordance with section 223, the Commission
shall develop (through the Executive Director of the
Commission), adopt, and update (not less often than every 4
years thereafter) voluntary standards for maintaining and
enhancing the accessibility and privacy of registration
facilities, polling places, and voting methods with the goal
of promoting for all individuals, including the elderly and
individuals with disabilities including blindness, the
accessibility of polling places and the effective use of
voting systems and voting equipment which provide the
opportunity for casting a secure and secret ballot, and shall
include in such standards voluntary guidelines regarding
accessibility and ease-of-use for States and units of local
government to use when obtaining voting equipment and
selecting polling places. In carrying out this paragraph, the
Commission shall consult with the Architectural and
Transportation Barrier Compliance Board under section 502 of
the Rehabilitation Act of 1973 (29 U.S.C. 792) and other
individuals and entities with expertise in the accessibility
of facilities for individuals with disabilities.
(5) Make periodic studies available to the public regarding
the election administration issues described in subsection
(b), with the goal of promoting methods of voting and
administering elections which--
(A) will be the most convenient, accessible, and easy to
use for voters, including members of the uniformed services,
blind and disabled voters, and voters with limited English
proficiency;
(B) will yield the most accurate, secure, and expeditious
system for voting and tabulating election results;
(C) will be nondiscriminatory and afford each registered
and eligible voter an equal opportunity to vote; and
(D) will be efficient and cost-effective for use.
(6) In accordance with section 223, develop (through the
Executive Director of the Commission), adopt, and update (not
less often than every 4 years) voluntary election management
practice standards for State and local election officials to
maintain and enhance the administration of Federal elections,
including standards developed in consultation with the
Secretary of Defense to govern the treatment of absent
uniformed services voters (as defined in section 107(1) of
the Uniformed and Overseas Citizens Absentee Voting Act) and
overseas voters (as defined in section 107(5) of such Act)
which will include provisions to address each of the
following:
(A) The rights of residence of uniformed services voters
absent due to military orders.
(B) The rights of absent uniformed services voters and
overseas voters to register to vote and cast absentee
ballots.
(C) The rights of absent uniformed services voters and
overseas voters to submit absentee ballot applications early
during an election year.
(D) The appropriate pre-election deadline for mailing
absentee ballots to absent uniformed services voters and
overseas voters.
(E) The appropriate minimum period between the mailing of
absentee ballots to absent uniformed services voters and
overseas voters and the deadline for receipt of such ballots.
(F) The timely transmission of balloting materials to
absent uniformed services voters and overseas voters.
(G) Security and privacy concerns in the transmission,
receipt, and processing of ballots from absent uniformed
services voters and overseas voters, including the need to
protect against fraud.
(H) The use of a single application by absent uniformed
services voters and overseas voters for absentee ballots for
all Federal elections occurring during a year.
(I) The use of a single application for voter registration
and absentee ballots by absent uniformed services voters and
overseas voters.
(J) The use of facsimile machines and electronic means of
transmission of absentee ballot applications and absentee
ballots to absent uniformed services voters and overseas
voters.
(K) Other issues related to the rights of absent uniformed
services voters and overseas voters to participate in
elections.
(7) Carry out the provisions of section 9 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding
mail voter registration.
(8) Make information on the Federal election system
available to the public and the media.
(9) At the request of State officials, assist such
officials in the review of election or vote counting
procedures in Federal elections, through bipartisan panels of
election professionals assembled by the Commission for such
purpose.
(10) Compile and make available to the public the official
certified results of general elections for Federal office and
reports comparing the rates of voter registration, voter
turnout, voting system functions, and ballot errors among
jurisdictions in the United States.
(11) Gather information and serve as a clearinghouse
concerning issues relating to Federal, State, and local
elections.
(b) Election Administration Issues Described.--The election
administration issues described in this subsection are as
follows:
(1) Current and alternate methods and mechanisms of voting
and counting votes in elections for Federal office.
(2) Current and alternate ballot designs for elections for
Federal office.
(3) Current and alternate methods of voter registration,
maintaining secure and accurate lists of registered voters
(including the establishment of a centralized, interactive,
statewide voter registration list linked to relevant agencies
and all polling sites), and ensuring that all registered
voters appear on the polling list at the appropriate polling
site.
(4) Current and alternate methods of conducting provisional
voting.
(5) Current and alternate methods of ensuring the
accessibility of voting, registration, polling places, and
voting equipment to all voters, including disabled voters and
voters with limited English proficiency.
(6) Current and alternate methods of voter registration for
members of the uniformed services and overseas voters, and
methods of ensuring that such voters receive timely ballots
that will be properly and expeditiously handled and counted.
(7) Current and alternate methods of recruiting and
improving the performance of poll workers.
(8) Federal and State laws governing the eligibility of
persons to vote.
(9) Current and alternate methods of educating voters about
the process of registering to vote and voting, the operation
of voting mechanisms, the location of polling places, and all
other aspects of participating in elections.
(10) Matters particularly relevant to voting and
administering elections in rural and urban areas.
(11) Conducting elections for Federal office on different
days, at different places, and during different hours,
including the advisability of establishing a uniform poll
closing time.
(12) The ways that the Federal Government can best assist
State and local authorities to improve the administration of
elections for Federal office and what levels of funding would
be necessary to provide such assistance.
(c) Consultation With Standards Board and Board of
Advisors.--The Commission shall carry out its duties under
this subtitle in consultation with the Standards Board and
the Board of Advisors.
SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COMMITTEE.
(a) Establishment.--There is hereby established the
Technical Standards Development Committee (hereafter in this
subtitle referred to as the ``Development Committee'').
(b) Duties.--
(1) In general.--The Development Committee shall assist the
Executive Director of the Commission in the development of
voluntary standards under this subtitle by recommending
standards (and modifications to standards) to ensure the
usability, accuracy, security, accessibility, and integrity
of voting systems and voting equipment.
(2) Deadline for initial set of recommendations.--The
Development Committee shall provide its first set of
recommendations under this section to the Executive Director
of the Commission not later than 9 months after all of its
members have been appointed.
(c) Membership.--
(1) In general.--The Development Committee shall be
composed of the Director of the National Institute of
Standards and Technology (who shall serve as its chair),
together with a group of 14 other individuals appointed
jointly by the Commission and the Director of the National
Institute of Standards and Technology, consisting of the
following:
(A) An equal number of each of the following:
(i) Members of the Standards Board.
(ii) Members of the Board of Advisors.
(iii) Members of the Architectural and Transportation
Barrier Compliance Board under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792).
(B) A representative of the American National Standards
Institute.
(C) Other individuals with technical and scientific
expertise relating to voting systems and voting equipment.
(2) Quorum.--A majority of the members of the Development
Committee shall constitute a quorum, except that the
Development Committee may not conduct any business prior to
the appointment of all of its members.
(d) No Compensation for Service.--Members of the
Development Committee shall not receive any compensation for
their service, but shall be paid 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 Development Committee.
(e) Technical Support From National Institute of Standards
and Technology.--At the request of the Development Committee,
the Director of the National Institute of Standards and
Technology shall provide the Development Committee with
technical support necessary for the Development Committee to
carry out its duties under this subtitle.
(f) Publication of Recommendations in Federal Register.--At
the time the Commission adopts any standard pursuant to
section 223, the Development Committee shall cause to have
published in the Federal Register the recommendations it
provided under this section to the Executive Director of the
Commission concerning the standard adopted.
[[Page H9281]]
SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STANDARDS.
(a) Consideration of Recommendations of Development
Committee; Submission of Proposed Voluntary Standards to
Board of Advisors and Standards Board.--
(1) Consideration of recommendations of development
committee.--In developing standards and modifications for
purposes of this section, the Executive Director of the
Commission shall take into consideration the recommendations
provided by the Technical Standards Development Committee
under section 222.
(2) Board of advisors.--The Executive Director of the
Commission shall submit each of the voluntary engineering and
procedural performance standards (described in section
221(a)(1)), each of the voluntary standards described in
section 221(a)(4), and each of the voluntary election
management practice standards (described in section
221(a)(6)) developed by the Executive Director (or any
modifications to such standards) to the Board of Advisors.
(3) Standards board.--The Executive Director of the
Commission shall submit each of the voluntary engineering and
procedural performance standards (described in section
221(a)(1)), each of the voluntary standards described in
section 221(a)(4), and each of the voluntary election
management practice standards (described in section
221(a)(6)) developed by the Executive Director (or any
modifications to such standards) to the Executive Board of
the Standards Board, who shall review the standard (or
modification) and forward its recommendations to the
Standards Board.
(b) Review.--Upon receipt of a voluntary standard described
in subsection (a) (or modification of such a standard) from
the Executive Director of the Commission, the Board of
Advisors and the Standards Board shall each review and submit
comments and recommendations regarding the standard (or
modification) to the Commission.
(c) Final Approval.--
(1) In general.--A voluntary standard described in
subsection (a) (or modification of such a standard) shall not
be considered to be finally adopted by the Commission unless
the majority of the members of the Commission vote to approve
the final adoption of the standard (or modification), taking
into consideration the comments and recommendations submitted
by the Board of Advisors and the Standards Board under
subsection (b).
(2) Minimum period for consideration of comments and
recommendations.--The Commission may not vote on the final
adoption of a voluntary standard described in subsection (a)
(or modification of such a standard) until the expiration of
the 90-day period which begins on the date the Executive
Director of the Commission submits the standard (or
modification) to the Board of Advisors and the Standards
Board under subsection (a).
SEC. 224. CERTIFICATION AND TESTING OF VOTING SYSTEMS.
(a) Certification and Testing.--
(1) In general.--The Commission shall provide for the
testing, certification, decertification, and recertification
of voting system hardware and software by accredited
laboratories.
(2) Optional use by states.--At the option of a State, the
State may provide for the testing, certification,
decertification, or recertification of its voting system
hardware and software by the laboratories accredited by the
Commission under this section.
(b) Laboratory Accreditation.--
(1) Recommendations by national institute of standards and
technology.--Not later than 6 months after the Commission
first adopts voluntary engineering and procedural performance
standards under this subtitle, the Director of the National
Institute of Standards and Technology shall conduct an
evaluation of independent, non-Federal laboratories and shall
submit to the Commission a list of those laboratories the
Director proposes to be accredited to carry out the testing,
certification, decertification, and recertification provided
for under this section.
(2) Approval by commission.--The Commission shall vote on
the proposed accreditation of each laboratory on the list
submitted under paragraph (1), and no laboratory may be
accredited for purposes of this section unless its
accreditation is approved by a majority vote of the members
of the Commission.
(c) Continuing Review by National Institute of Standards
and Technology.--
(1) In general.--In cooperation with the Commission and in
consultation with the Standards Board and the Board of
Advisors, the Director of the National Institute of Standards
and Technology shall monitor and review, on an ongoing basis,
the performance of the laboratories accredited by the
Commission under this section, and shall make such
recommendations to the Commission as it considers appropriate
with respect to the continuing accreditation of such
laboratories, including recommendations to revoke the
accreditation of any such laboratory.
(2) Approval by commission required for revocation.--The
accreditation of a laboratory for purposes of this section
may not be revoked unless the revocation is approved by a
majority vote of the members of the Commission.
SEC. 225. DISSEMINATION OF INFORMATION.
On an ongoing basis, the Commission shall disseminate to
the public (through the Internet, published reports, and such
other methods as the Commission considers appropriate)
information on the activities carried out under this
subtitle, including--
(1) the voluntary election standards adopted by the
Commission, together with guidelines for applying the
standards and other information to assist in their
implementation;
(2) the list of laboratories accredited to carry out
testing, certification, decertification, and recertification
of voting system hardware and software under section 224; and
(3) a list of voting system hardware and software products
which have been certified pursuant to section 224 as meeting
the applicable voluntary standards adopted by the Commission
under this subtitle.
Subtitle C--Election Assistance
PART 1--ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM IMPROVEMENTS
SEC. 231. ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM
IMPROVEMENTS.
(a) In General.--The Commission shall make an Election Fund
payment each year in an amount determined under section 232
to each State which meets the requirements described in
section 233 for the year.
(b) Use of Funds.--A State receiving an Election Fund
payment shall use the payment for any or all of the following
activities:
(1) Establishing and maintaining accurate lists of eligible
voters.
(2) Encouraging eligible voters to vote.
(3) Improving verification and identification of voters at
the polling place.
(4) Improving equipment and methods for casting and
counting votes.
(5) Recruiting and training election official and poll
workers.
(6) Improving the quantity and quality of available polling
places.
(7) Educating voters about their rights and
responsibilities.
(8) Assuring access for voters with physical disabilities;
including blindness.
(9) Carrying out other activities to improve the
administration of elections in the State.
(c) Adoption of Commission Standards Not Required To
Receive Payment.--Nothing in this part may be construed to
require a State to implement any of the voluntary standards
adopted by the Commission with respect to any matter as a
condition for receiving an Election Fund payment.
(d) Schedule of Payments.--As soon as practicable after all
members of the Commission are appointed (but in no event
later than 6 months thereafter), and not less frequently than
once each calendar year thereafter, the Commission shall make
Election Fund payments to States under this part.
SEC. 232. ALLOCATION OF FUNDS.
(a) In General.--Subject to subsection (c), the amount of
an Election Fund payment made to a State for a year shall be
equal to the product of--
(1) the total amount appropriated for Election Fund
payments for the year under section 234; and
(2) the State allocation percentage for the State (as
determined under subsection (b)).
(b) State Allocation Percentage Defined.--The ``State
allocation percentage'' for a State is the amount (expressed
as a percentage) equal to the quotient of--
(1) the voting age population of the State; and
(2) the total voting age population of all States.
(c) Minimum Amount of Payment.--The amount of an Election
Fund payment made to a State for a year may not be less
than--
(1) in the case of any of the several States or the
District of Columbia, \1/2\ of 1 percent of the total amount
appropriated for Election Fund payments for the year under
section 234; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, 20
percent of the amount described in paragraph (1).
(d) Continuing Availability of Funds After Appropriation.--
An Election Fund payment made to a State under this part
shall be available to the State without fiscal year
limitation.
SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.
(a) In General.--In order to receive an Election Fund
payment for a fiscal year, the chief State election official
of the State shall provide the Commission with the following
certifications:
(1) A certification that the State has authorized and
appropriated funds for carrying out the activities for which
the Election Fund payment is made in an amount equal to 25
percent of the total amount to be spent for such activities
(taking into account the Election Fund payment and the amount
spent by the State).
(2) A certification that the State has set a uniform
Statewide benchmark for voting system performance in each
local jurisdiction administering elections, expressed as a
percentage of residual vote in the contest at the top of the
ballot, and requires local jurisdictions to report data
relevant to this benchmark after each general election for
Federal office.
(3) A certification that the State is in compliance with
the voluntary voting system standards and certification
processes adopted by the Commission or that the State has
enacted legislation establishing its own State voting system
standards and processes which (at a minimum) ensure that new
voting mechanisms have the audit capacity to produce a record
for each ballot cast.
(4) A certification that--
(A) in each precinct or polling place in the State, there
is at least one voting system available which is fully
accessible to individuals with physical disabilities
including blindness; and
(B) if the State uses any portion of its Election Fund
payment to obtain new voting machines, at least one voting
machine in each polling place in the State will be fully
accessible to individuals with physical disabilities,
including blindness.
(5) A certification that the State has established a fund
described in subsection (b) for purposes of administering its
activities under this part.
[[Page H9282]]
(6) A certification that, in administering election
systems, the State is in compliance with the existing
applicable requirements of the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.), the National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.), the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.),
and the Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(7) A certification that the State provides for voter
education and poll worker training programs to improve access
to and participation in the electoral process, and provides
relevant training in the requirements of the National Voter
Registration Act of 1993 for personnel of State motor vehicle
authority offices and other voter registration agencies
designated by the State under such Act.
(8) A certification that the Election Fund payment has not
and will not supplant funds provided under existing programs
funded in the State for carrying out the activities for which
the Election Fund payment is made.
(b) Requirements for Election Fund.--
(1) Election fund described.--For purposes of subsection
(a)(5), a fund described in this subsection with respect to a
State is a fund which is established in the treasury of the
State government, which is used in accordance with paragraph
(2), and which consists of the following amounts:
(A) Amounts appropriated or otherwise made available by the
State for carrying out the activities for which the Election
Fund payment is made to the State under this part.
(B) The Election Fund payment made to the State under this
part.
(C) Such other amounts as may be appropriated under law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out the activities for which the
Election Fund payment is made to the State under this part.
(c) Methods of Compliance Left to Discretion of State.--The
specific choices on the methods of complying with the
requirements described in subsection (a) shall be left to the
discretion of the State.
(d) Chief State Election Official Defined.--In this
subtitle, the ``chief State election official'' of a State is
the individual designated by the State under section 10 of
the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-8) to be responsible for coordination of the State's
responsibilities under such Act.
SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for Election Fund
payments under this part an aggregate amount of
$2,250,000,000 for fiscal years 2002 through 2004.
SEC. 235. REPORTS
Not later than the 6 months after the end of each fiscal
year for which a State received an Election Fund payment
under this part, the State shall submit a report to the
Commission on the activities conducted with the funds
provided during the year, and shall include in the report--
(1) a list of expenditures made with respect to each
category of activities described in section 231(b); and
(2) the number and types of articles of voting equipment
obtained with the funds.
PART 2--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
SEC. 241. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY
IMPROVEMENTS.
(a) In General.--The Commission shall make grants to assist
entities in carrying out research and development to improve
the quality, reliability, accuracy, accessibility,
affordability, and security of voting equipment, election
systems, and voting technology.
(b) Eligibility.--An entity is eligible to receive a grant
under this part if it submits to the Commission (at such time
and in such form as the Commission may require) an
application containing--
(1) assurances that the research and development funded
with the grant will take into account the need to make voting
equipment fully accessible for individuals with disabilities
(including blind individuals), the need to ensure that such
individuals can vote independently and with privacy, and the
need to provide alternative language accessibility for
individuals with limited proficiency in the English language
(consistent with the requirements of the Voting Rights Act of
1965); and
(2) such other information and assurances as the Commission
may require.
(c) Applicability of Regulations Governing Patent Rights in
Inventions Made With Federal Assistance.--Any invention made
by the recipient of a grant under this part using funds
provided under this part shall be subject to chapter 18 of
title 35, United States Code (relating to patent rights in
inventions made with Federal assistance).
SEC. 242. REPORT.
(a) In General.--Each entity which receives a grant under
this part shall submit to the Commission, Congress, and the
President a report describing the activities carried out with
the funds provided under the grant.
(b) Deadline.--An entity shall submit a report required
under subsection (a) not later than 60 days after the end of
the fiscal year for which the entity received the grant which
is the subject of the report.
SEC. 243. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
this part $20,000,000 for fiscal year 2002.
PART 3--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY
SEC. 251. PILOT PROGRAM.
(a) In General.--The Commission shall make grants to carry
out pilot programs under which new technologies in voting
systems and equipment are implemented on a trial basis.
(b) Eligibility.--An entity is eligible to receive a grant
under this part if it submits to the Commission (at such time
and in such form as the Commission may require) an
application containing--
(1) assurances that the pilot programs funded with the
grant will take into account the need to make voting
equipment fully accessible for individuals with disabilities
(including blind individuals), the need to ensure that such
individuals can vote independently and with privacy, and the
need to provide alternative language accessibility for
individuals with limited proficiency in the English language
(consistent with the requirements of the Voting Rights Act of
1965); and
(2) such other information and assurances as the Commission
may require.
SEC. 252. REPORT.
(a) In General.--Each entity which receives a grant under
this part shall submit to the Commission, Congress, and the
President a report describing the activities carried out with
the funds provided under the grant.
(b) Deadline.--An entity shall submit a report required
under subsection (a) not later than 60 days after the end of
the fiscal year for which the entity received the grant which
is the subject of the report.
SEC. 253. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
this part $10,000,000 for fiscal year 2002.
PART 4--MISCELLANEOUS
SEC. 261. ROLE OF NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY.
(a) Recommendation of Topics for Research Under Voting
Research Grants and Pilot Programs.--The Director of the
National Institute of Standards and Technology (hereafter in
this section referred to as the ``Director'') shall submit to
the Commission an annual list of the Director's suggestions
for issues which may be the subject of research funded with
grants awarded under part 2 and part 3 during the year.
(b) Review of Grant Applications Received by Commission.--
The Commission shall submit each application it receives for
a grant under part 2 or part 3 to the Director, who shall
review the application and provide the Commission with such
comments as the Director considers appropriate.
(c) Monitoring and Adjustment of Grant Activities.--After
the Commission has awarded a grant under part 2 or part 3,
the Director shall monitor the grant and (to the extent
permitted under the terms of the grant as awarded) may
recommend to the Commission that the recipient of the grant
modify and adjust the activities carried out under the grant.
(d) Evaluation of Completed Grants.--
(1) In general.--After the recipient of a grant awarded by
the Commission has completed the terms of the grant, the
Director shall prepare and submit to the Commission an
evaluation of the grant and the activities carried out under
the grant.
(2) Inclusion in reports.--The Commission shall include the
evaluations submitted under paragraph (1) for a year in the
report submitted for the year under section 262.
(e) Intramural Research and Development.--The Director
shall establish a program for intramural research and
development in areas to support the development of voluntary
technical standards for voting products and systems,
including--
(1) the security of computers, computer networks, and
computer data storage used in voting products and systems,
including the Statewide voter registration networks required
under the minimum standard described in section 502(1);
(2) methods to detect and prevent fraud;
(3) the protection of voter privacy;
(4) the role of human factors in the design and application
of voting products and systems, including assistive
technologies for individuals with disabilities including
blindness and varying levels of literacy; and
(5) remote access voting, including voting through the
Internet.
SEC. 262. REPORTS.
(a) Annual Reports on Activities.--Not later than 90 days
after the end of each fiscal year, the Commission shall
submit a report to the Committee on House Administration of
the House of Representatives and the Committee on Rules and
Administration of the Senate on the activities carried out by
the Commission under this subtitle during the previous fiscal
year, and shall include in the report a description of all
applications for Election Fund payments and grants received
by the Commission during the year under this subtitle and the
disposition of such applications.
(b) Report on Human Factor Research.--Not later than 1 year
after the date of the enactment of this Act, the Commission,
in consultation with the Director of the National Institute
of Standards and Technology, shall submit a report to
Congress which assesses the areas of human factor research,
including usability engineering and human-computer and human-
machine interaction, which feasibly could be applied to
voting products and systems design to ensure the usability
and accuracy of voting products and systems, including
methods to improve access for individuals with disabilities
including blindness and to reduce voter error and the number
of spoiled ballots in elections.
SEC. 263. AUDIT.
(a) In General.--As a condition of receiving funds under
this subtitle, a State or entity described in part 2 or part
3 shall agree that such funds shall be subject to audit if 2
or more members of the Commission vote to require an audit.
[[Page H9283]]
(b) Mandatory Audit.--In addition to audits conducted
pursuant to subsection (a), all funds provided under this
subtitle shall be subject to mandatory audit at least once
during the lifetime of the programs under this subtitle.
TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM
SEC. 301. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 1 year after the
appointment of its members, the Election Assistance
Commission shall develop a program to be known as the ``Help
America Vote College Program'' (hereafter in this title
referred to as the ``Program'').
(b) Purposes of Program.--The purpose of the Program shall
be--
(1) to encourage students enrolled at institutions of
higher education (including community colleges) to assist
State and local governments in the administration of
elections by serving as nonpartisan poll workers or
assistants; and
(2) to encourage State and local governments to use the
services of the students participating in the Program.
SEC. 302. ACTIVITIES UNDER PROGRAM.
(a) In General.--In carrying out the Program, the
Commission (in consultation with the chief election official
of each State) shall develop materials, sponsor seminars and
workshops, engage in advertising targeted at students, make
grants, and take such other actions as it considers
appropriate to meet the purposes described in section 301(b).
(b) Requirements for Grant Recipients.--In making grants
under the Program, the Commission shall ensure that the funds
provided are spent for projects and activities which are
carried out without partisan bias or without promoting any
particular point of view regarding any issue, and that each
recipient is governed in a balanced manner which does not
reflect any partisan bias.
(c) Coordination With Institutions of Higher Education.--
The Commission shall encourage institutions of higher
education (including community colleges) to participate in
the Program, and shall make all necessary materials and other
assistance (including materials and assistance to enable the
institution to hold workshops and poll worker training
sessions) available without charge to any institution which
desires to participate in the Program.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
In addition to any funds authorized to be appropriated to
the Commission under section 207, there are authorized to be
appropriated to carry out this title--
(1) $5,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each succeeding
fiscal year.
TITLE IV--HELP AMERICA VOTE FOUNDATION
SEC. 401. HELP AMERICA VOTE FOUNDATION.
(a) In General.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1525 the
following:
``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION
``Sec.
``152601. Organization.
``152602. Purposes.
``152603. Board of directors.
``152604. Officers and employees.
``152605. Powers.
``152606. Principal office.
``152607. Service of process.
``152608. Annual audit.
``152609. Civil action by Attorney General for equitable relief.
``152610. Immunity of United States Government.
``152611. Authorization of appropriations.
``152612. Annual report.
``Sec. 152601. Organization
``(a) Federal Charter.--The Help America Vote Foundation
(in this chapter, the `foundation') is a federally chartered
corporation.
``(b) Nature of Foundation.--The foundation is a charitable
and nonprofit corporation and is not an agency or
establishment of the United States Government.
``(c) Perpetual Existence.--Except as otherwise provided,
the foundation has perpetual existence.
``Sec. 152602. Purposes
``(a) In General.--The purposes of the foundation are to--
``(1) mobilize secondary school students (including
students educated in the home) in the United States to
participate in the election process in a nonpartisan manner
as poll workers or assistants;
``(2) place secondary school students (including students
educated in the home) as nonpartisan poll workers or
assistants to local election officials in precinct polling
places across the United States; and
``(3) establish cooperative efforts with State and local
election officials, local educational agencies,
superintendents and principals of public and private
secondary schools, and other appropriate nonprofit charitable
and educational organizations exempt from taxation under
section 501(a) of the Internal Revenue Code of 1986 as an
organization described in section 501(c)(3) of such Code to
further the purposes of the foundation.
``(b) Requiring Activities To Be Carried Out on Nonpartisan
Basis.--The foundation shall carry out its purposes without
partisan bias or without promoting any particular point of
view regarding any issue, and shall ensure that each
participant in its activities is governed in a balanced
manner which does not reflect any partisan bias.
``(c) Consultation With State Election Officials.--The
foundation shall carry out its purposes under this section in
consultation with the chief election officials of the States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, and the United States Virgin Islands.
``Sec. 152603. Board of directors
``(a) General.--The board of directors is the governing
body of the foundation.
``(b) Members and Appointment.--(1) The board consists of
12 directors, who shall be appointed not later than 60 days
after the date of the enactment of this chapter as follows:
``(A) 4 directors (of whom not more than 2 may be members
of the same political party) shall be appointed by the
President.
``(B) 2 directors shall be appointed by the Speaker of the
House of Representatives.
``(C) 2 directors shall be appointed by the minority leader
of the House of Representatives.
``(D) 2 directors shall be appointed by the majority leader
of the Senate.
``(E) 2 directors shall be appointed by the minority leader
of the Senate.
``(2) In addition to the directors described in paragraph
(1), the chair and ranking minority member of the Committee
on House Administration of the House of Representatives (or
their designees) and the chair and ranking minority member of
the Committee on Rules and Administration of the Senate (or
their designees) shall each serve as an ex officio nonvoting
member of the board.
``(3) A director is not an employee of the Federal
government and appointment to the board does not constitute
appointment as an officer or employee of the United States
Government for the purpose of any law of the United States
(except as may otherwise be provided in this chapter).
``(4) The terms of office of the directors are 4 years.
``(5) A vacancy on the board shall be filled in the manner
in which the original appointment was made.
``(c) Chair.--The directors shall select one of the
directors as the chair of the board. The individual selected
may not be a current or former holder of any partisan elected
office or a current or former officer of any national
committee of a political party.
``(d) Quorum.--The number of directors constituting a
quorum of the board shall be established under the bylaws of
the foundation.
``(e) Meetings.--The board shall meet at the call of the
chair of the board for regularly scheduled meetings, except
that the board shall meet not less often than annually.
``(f) Reimbursement of Expenses.--Directors shall serve
without compensation but may receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5.
``(g) Liability of Directors.--Directors are not personally
liable, except for gross negligence.
``Sec. 152604. Officers and employees
``(a) Appointment of Officers and Employees.--The board of
directors appoints, removes, and replaces officers and
employees of the foundation.
``(b) Status and Compensation of Employees.--
``(1) In general.--Officers and employees of the
foundation--
``(A) are not employees of the Federal government (except
as may otherwise be provided in this chapter);
``(B) shall be appointed and removed without regard to the
provisions of title 5 governing appointments in the
competitive service; and
``(C) may be paid without regard to chapter 51 and
subchapter III of chapter 53 of title 5.
``(2) Availability of federal employee rates for travel.--
For purposes of any schedules of rates negotiated by the
Administrator of General Services for the use of employees of
the Federal government who travel on official business,
officers and employees of the foundation who travel while
engaged in the performance of their duties under this chapter
shall be deemed to be employees of the Federal government.
``Sec. 152605. Powers
``(a) General.--The foundation may--
``(1) adopt a constitution and bylaws;
``(2) adopt a seal which shall be judicially noticed; and
``(3) do any other act necessary to carry out this chapter.
``(b) Powers as Trustee.--To carry out its purposes, the
foundation has the usual powers of a corporation acting as a
trustee in the District of Columbia, including the power--
``(1) to accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest, either absolutely or in
trust, of property or any income from or other interest in
property;
``(2) to acquire property or an interest in property by
purchase or exchange;
``(3) unless otherwise required by an instrument of
transfer, to sell, donate, lease, invest, or otherwise
dispose of any property or income from property;
``(4) to borrow money and issue instruments of
indebtedness;
``(5) to make contracts and other arrangements with public
agencies and private organizations and persons and to make
payments necessary to carry out its functions;
``(6) to sue and be sued; and
``(7) to do any other act necessary and proper to carry out
the purposes of the foundation.
``(c) Encumbered or Restricted Gifts.--A gift, devise, or
bequest may be accepted by the foundation even though it is
encumbered, restricted, or subject to beneficial interests of
private persons, if any current or future interest is for the
benefit of the foundation.
``(d) Contracts.--The foundation may enter into such
contracts with public and private entities as it considers
appropriate to carry out its purposes.
``(e) Annual Conference in Washington Metropolitan Area.--
During each year (beginning with 2003), the foundation may
sponsor
[[Page H9284]]
a conference in the Washington, D.C., metropolitan area to
honor secondary school students and other individuals who
have served (or plan to serve) as poll workers and assistants
and who have otherwise participated in the programs and
activities of the foundation.
``Sec. 152606. Principal office
``The principal office of the foundation shall be in the
District of Columbia unless the board of directors determines
otherwise. However, the foundation may conduct business
throughout the States, territories, and possessions of the
United States.
``Sec. 152607. Service of process
``The foundation shall have a designated agent to receive
service of process for the foundation. Notice to or service
on the agent, or mailed to the business address of the agent,
is notice to or service on the foundation.
``Sec. 152608. Annual audit
``The foundation shall enter into a contract with an
independent auditor to conduct an annual audit of the
foundation.
``Sec. 152609. Civil action by Attorney General for equitable
relief
``The Attorney General may bring a civil action in the
United States District Court for the District of Columbia for
appropriate equitable relief if the foundation--
``(1) engages or threatens to engage in any act, practice,
or policy that is inconsistent with the purposes in section
152602 of this title; or
``(2) refuses, fails, or neglects to carry out its
obligations under this chapter or threatens to do so.
``Sec. 152610. Immunity of United States Government
``The United States Government is not liable for any debts,
defaults, acts, or omissions of the foundation. The full
faith and credit of the Government does not extend to any
obligation of the foundation.
``Sec. 152611. Authorization of appropriations
``There are authorized to be appropriated to the foundation
for carrying out the purposes of this chapter--
``(1) $5,000,000 for fiscal year 2002; and
``(2) such sums as may be necessary for each succeeding
fiscal year.
``Sec. 152612. Annual report
``As soon as practicable after the end of each fiscal year,
the foundation shall submit a report to the Commission, the
President, and Congress on the activities of the foundation
during the prior fiscal year, including a complete statement
of its receipts, expenditures, and investments. Such report
shall contain information gathered from participating
secondary school students describing the nature of the work
they performed in assisting local election officials and the
value they derived from the experience of educating
participants about the electoral process.''.
(b) Clerical Amendment.--The table of chapters for part B
of subtitle II of title 36, United States Code, is amended by
inserting after the item relating to chapter 1525 the
following new item:
``1526. Help America Vote..............................................
Foundation................................................152601''.....
TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS.
(a) In General.--The chief State election official of each
State shall certify in writing to the Election Assistance
Commission that--
(1) in administering election systems, the State is in
compliance with the existing applicable requirements of the
Voting Rights Act of 1965, the National Voter Registration
Act of 1993, the Uniformed and Overseas Citizens Absentee
Voting Act, the Voting Accessibility for the Elderly and
Handicapped Act, and the Americans With Disabilities Act of
1990; and
(2) the State has enacted legislation to enable the State
to meet each of the minimum standards for State election
systems described in section 502.
(b) Methods of Implementation Left to Discretion of
State.--The specific choices on the methods of implementing
the legislation enacted pursuant to subsection (a)(2) shall
be left to the discretion of the State.
(c) Chief State Election Official Defined.--In this title,
the ``chief State election official'' of a State is the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8)
to be responsible for coordination of the State's
responsibilities under such Act.
SEC. 502. STANDARDS DESCRIBED.
The minimum standards for State election systems described
in this section are as follows:
(1) The State will implement an official Statewide voter
registration system networked to every local jurisdiction in
the State, with provisions for sharing data with other
States, except that this paragraph shall not apply in the
case of a State in which, under law in effect continuously on
and after the date of the enactment of this Act, there is no
voter registration requirement for any voter in the State
with respect to an election for Federal office.
(2) The State election system includes provisions to ensure
that voter registration records in the State are accurate and
are updated regularly, including the following:
(A) A system of file maintenance which removes registrants
who are ineligible to vote from the official list of eligible
voters. Under such system, consistent with the National Voter
Registration Act of 1993, registrants who have not voted in 2
or more consecutive general elections for Federal office and
who have not responded to a notice shall be removed from the
official list of eligible voters, except that no registrant
may be removed solely by reason of a failure to vote.
(B) Safeguards to ensure that eligible voters are not
removed in error from the official list of eligible voters.
(3) The State permits, by the deadline required under
section 504(b), in-precinct provisional voting by every voter
who claims to be qualified to vote in the State, or has
adopted an alternative which achieves the same objective,
except that this paragraph shall not apply in the case of a
State in which, under law in effect continuously on and after
the date of the enactment of this Act, all votes in the State
in general elections for Federal office are cast by mail.
(4) The State has adopted uniform standards that define
what will constitute a vote on each category of voting
equipment certified for use in the State.
(5) The State has implemented safeguards to ensure that
absent uniformed services voters (as defined in section
107(1) of the Uniformed and Overseas Citizens Absentee Voting
Act) and overseas voters (as defined in section 107(5) of
such Act) in the jurisdiction have the opportunity to vote
and to have their votes counted.
(6) The State requires new voting systems to provide a
practical and effective means for voters with physical
disabilities including blindness to cast a secret ballot.
(7) If the State uses voting systems which give voters the
opportunity to correct errors, the State shall ensure that
voters are able to check for and correct errors under
conditions which assure privacy. States, and units of local
government within the States, ``procuring new voting machines
within their jurisdiction, except for States and units
replacing or supplementing existing equipment (within the
same voting system), shall ensure that the new voting system
gives voters the opportunity to correct errors before the
vote is cast.
SEC. 503. ENFORCEMENT.
(a) Report by Commission to Attorney General.--If a State
does not provide a certification under section 501 to the
Election Assistance Commission, or if the Commission has
credible evidence that a State's certification is false or
that a State is carrying out activities in violation of the
terms of the certification, the Commission shall notify the
Attorney General.
(b) Action by Attorney General.--After receiving notice
from the Commission under subsection (a), the Attorney
General may bring a civil action against a State in an
appropriate district court for such declaratory or injunctive
relief as may be necessary to remedy a violation of this
title.
SEC. 504. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
requirements of this title shall take effect upon the
expiration of the 2-year period which begins on the date of
the enactment of this Act, except that if the chief State
election official of a State certifies that good cause exists
to waive the requirements of this title with respect to the
State until the date of the regularly scheduled general
election for Federal office held in November 2004, the
requirements shall apply with respect to the State beginning
on the date of such election.
(b) Deadlines for Implementation of Provisional Voting.--
The minimum standard described in section 502(3) (relating to
permitting in-precinct provisional voting) shall apply with
respect to the regularly scheduled general election for
Federal office held in November 2002 and each succeeding
election for Federal office, except that if the chief State
election official of a State certifies that good cause exists
to delay the implementation of such standard in the State,
the standard shall apply in the State with respect to the
regularly scheduled general election for Federal office held
in November 2004 and each succeeding election for Federal
office held in the State.
TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS
SEC. 601. VOTING ASSISTANCE PROGRAMS.
(a) In General.--(1) Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1566. Voting assistance: compliance assessments;
assistance
``(a) Regulations.--The Secretary of Defense shall
prescribe regulations to require that the Army, Navy, Air
Force, and Marine Corps ensure their compliance with any
directives issued by the Secretary of Defense in
implementing any voting assistance program.
``(b) Voting Assistance Programs Defined.--In this section,
the term `voting assistance programs' means--
``(1) the Federal Voting Assistance Program carried out
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.); and
``(2) any similar program.
``(c) Annual Effectiveness and Compliance Reviews.--(1) The
Inspector General of each of the Army, Navy, Air Force, and
Marine Corps shall conduct--
``(A) an annual review of the effectiveness of voting
assistance programs; and
``(B) an annual review of the compliance with voting
assistance programs of that armed force.
``(2) Upon the completion of each annual review under
paragraph (1), each Inspector General specified in that
paragraph shall submit to the Inspector General of the
Department of Defense a report on the results of each such
review. Such report shall be submitted in time each year to
be reflected in the report of the Inspector General of the
Department of Defense under paragraph (3).
``(3) Not later than March 31 each year, the Inspector
General of the Department of Defense shall submit to Congress
a report on--
``(A) the effectiveness during the preceding calendar year
of voting assistance programs; and
[[Page H9285]]
``(B) the level of compliance during the preceding calendar
year with voting assistance programs of each of the Army,
Navy, Air Force, and Marine Corps.
``(d) Inspector General Assessments.--(1) The Inspector
General of the Department of Defense shall periodically
conduct at Department of Defense installations unannounced
assessments of the compliance at those installations with--
``(A) the requirements of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
``(B) Department of Defense regulations regarding that Act
and the Federal Voting Assistance Program carried out under
that Act; and
``(C) other requirements of law regarding voting by members
of the armed forces.
``(2) The Inspector General shall conduct an assessment
under paragraph (1) at not less than 10 Department of Defense
installations each calendar year.
``(3) Each assessment under paragraph (1) shall include a
review of such compliance--
``(A) within units to which are assigned, in the aggregate,
not less than 20 percent of the personnel assigned to duty at
that installation;
``(B) within a representative survey of members of the
armed forces assigned to that installation and their
dependents; and
``(C) within unit voting assistance officers to measure
program effectiveness.
``(e) Regular Military Department Assessments.--The
Secretary of each military department shall include in the
set of issues and programs to be reviewed during any
management effectiveness review or inspection at the
installation level an assessment of compliance with the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff et seq.) and with Department of Defense
regulations regarding the Federal Voting Assistance Program.
``(f) Voting Assistance Officers.--(1) Voting assistance
officers shall be appointed or assigned under Department of
Defense regulations. Commanders at all levels are responsible
for ensuring that unit voting officers are trained and
equipped to provide information and assistance to members of
the armed forces on voting matters. Performance evaluation
reports pertaining to a member who has been assigned to serve
as a voting assistance officer shall comment on the
performance of the member as a voting assistance officer. The
Secretary of each military department shall certify to
Congress that (at a minimum) a voting assistance officer has
been appointed or assigned for each military installation and
major command under the jurisdiction of the department and
that a replacement will be appointed if the original officer
is no longer able to serve.
``(2) Under regulations and procedures prescribed by the
Secretary, a member of the armed forces appointed or assigned
to duty as a voting assistance officer shall, to the maximum
extent practicable, be given the time and resources needed to
perform the member's duties as a voting assistance officer
during the period in advance of a general election when
members and their dependents are preparing and submitting
absentee ballots.
``(3) As part of each assessment prepared by the Secretary
of a military department under subsection (e), the Secretary
shall--
``(A) specify the number of members of the armed forces
under the jurisdiction of the Secretary who are appointed or
assigned to duty as voting assistance officers;
``(B) specify the ratio of voting assistance officers to
active duty members of the armed forces under the
jurisdiction of the Secretary;
``(C) indicate whether this number and ratio comply with
the requirements of the Federal Voting Assistance Program;
and
``(D) describe the training such members receive to perform
their duties as voting assistance officers.
``(g) Registration and Voting Information for Members and
Dependents.--(1) The Secretary of each military department,
using a variety of means including both print and electronic
media, shall, to the maximum extent practicable, ensure that
members of the armed forces and their dependents who are
qualified to vote have ready access to information regarding
voter registration requirements and deadlines (including
voter registration), absentee ballot application requirements
and deadlines, and the availability of voting assistance
officers to assist members and dependents to understand and
comply with these requirements.
``(2) The Secretary of each military department shall make
the national voter registration form prepared for purposes of
the Uniformed and Overseas Citizens Absentee Voting Act by
the Federal Election Commission available so that each person
who enlists, reenlists, or voluntarily extends an enlistment
or who completes a permanent change of station in an active
or reserve component of the Army, Navy, Air Force, or Marine
Corps shall receive such form at the time of the enlistment,
reenlistment, extension, or completion of the permanent
change of station, or as soon thereafter as practicable.
``(3) Where practicable, a special day or days shall be
designated at each military installation for the purpose of
informing members of the armed forces and their dependents of
election timing, registration requirements, and voting
procedures.
``(h) Delivery of Mail From Overseas Preceding Federal
Elections.--(1) During the four months preceding a general
Federal election month, the Secretary of Defense shall
periodically conduct surveys of all overseas locations and
vessels at sea with military units responsible for collecting
mail for return shipment to the United States and all port
facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations
or to the United States. The purpose of each survey shall be
to determine if voting materials are awaiting shipment at any
such location and, if so, the length of time that such
materials have been held at that location. During the fourth
and third months before a general Federal election month,
such surveys shall be conducted biweekly. During the second
and first months before a general Federal election month,
such surveys shall be conducted weekly.
``(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at
all times. The Secretary shall, to the maximum extent
practicable, implement measures to ensure that a postmark or
other official proof of mailing date is provided on each
absentee ballot collected at any overseas location or vessel
at sea whenever the Department of Defense is responsible for
collecting mail for return shipment to the United States. The
Secretary shall submit to Congress a report describing the
measures to be implemented to ensure the timely transmittal
and postmarking of voting materials and identifying the
persons responsible for implementing such measures.
``(3) The Secretary of each military department, utilizing
the voting assistance officer network established for each
military installation, shall, to the maximum extent
practicable, provide notice to members of the armed forces
stationed at that installation of the last date before a
general Federal election for which absentee ballots mailed
from a postal facility located at that installation can
reasonably be expected to be timely delivered to the
appropriate State and local election officials.
``(4) In this section, the term `general Federal election
month' means November in an even-numbered year.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1566. Voting assistance: compliance assessments; assistance.''.
(b) Initial Report.--The first report under section
1566(c)(3) of title 10, United States Code, as added by
subsection (a), shall be submitted not later than March 31,
2003.
SEC. 602. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE
INFORMATION ON REGISTRATION AND ABSENTEE
BALLOTS FOR ALL VOTERS IN STATE.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) In General.--'' before ``Each
State''; and
(2) by adding at the end the following new subsection:
``(b) Designation of Single State Office To Provide
Information on Registration and Absentee Ballot Procedures
for All Voters in State.--
``(1) In general.--Each State shall designate a single
office which shall be responsible for providing information
regarding voter registration procedures and absentee ballot
procedures (including procedures relating to the use of the
Federal write-in absentee ballot) to all absent uniformed
services voters and overseas voters who wish to register to
vote or vote in any jurisdiction in the State.
``(2) Recommendation regarding use of office to accept and
process materials.--Congress recommends that the State office
designated under paragraph (1) be responsible for carrying
out the State's duties under this Act, including accepting
valid voter registration applications, absentee ballot
applications, and absentee ballots (including Federal write-
in absentee ballots) from all absent uniformed services
voters and overseas voters who wish to register to vote or
vote in any jurisdiction in the State.''.
SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED
AFTER GENERAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended
by section 602, is amended by adding at the end the following
new subsection:
``(c) Report on Number of Absentee Ballots Transmitted and
Received.--Not later than 90 days after the date of each
regularly scheduled general election for Federal office, each
State and unit of local government which administered the
election shall (through the State, in the case of a unit of
local government) submit a report to the Election Assistance
Commission (established under the Help America Vote Act of
2001) on the number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the
election and the number of such ballots which were returned
by such voters and cast in the election, and shall make such
report available to the general public.''.
(b) Development of Standardized Format for Reports.--The
Election Assistance Commission, working with the Election
Assistance Commission Board of Advisors and the Election
Assistance Commission Standards Board, shall develop a
standardized format for the reports submitted by States and
units of local government under section 102(c) of the
Uniformed and Overseas Citizens Absentee Voting Act (as added
by subsection (a)), and shall make the format available to
the States and units of local government submitting such
reports.
SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATION PROCEDURES FOR ABSENT
UNIFORMED SERVICES AND OVERSEAS VOTERS.
(a) Requiring States To Accept Official Form for
Simultaneous Voter Registration and Absentee Ballot
Application; Deadline for Processing Application.--
(1) In general.--Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1),
as amended by section 602, is amended--
(A) by amending paragraph (2) to read as follows:
[[Page H9286]]
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an absent
uniformed services voter or overseas voter, if the
application is received by the appropriate State election
official not less than 30 days before the election;'';
(B) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) use the official post card form (prescribed under
section 101) for simultaneous voter registration application
and absentee ballot application.''.
(2) Conforming amendments.--Section 101(b)(2) of such Act
(42 U.S.C. 1973ff(b)(2)) is amended by striking ``as
recommended in section 104'' and inserting ``as required
under section 102(4)''.
(b) Use of Single Application for All Subsequent
Elections.--Section 104 of such Act (42 U.S.C. 1973ff-3) is
amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT
ELECTIONS.
``(a) In General.--If a State accepts and processes an
official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or overseas
voter for simultaneous voter registration and absentee ballot
application (in accordance with section 102(a)(4)) and the
voter requests that the application be considered ``an
application for an absentee ballot for each subsequent
election for Federal office held in the State through the
next 2 regularly scheduled general elections for Federal
office (including any runoff elections which may occur as a
result of the outcome of such general elections), the State
shall provide an absentee ballot for each such election.''
``(b) Exception for Voters Changing Registration.--
Subsection (a) shall not apply with respect to a voter
registered to vote in a State for any election held after the
voter notifies the State that the voter no longer wishes to
be registered to vote in the State or after the State
determines that the voter has registered to vote in another
State.
``(c) Revision of Official Post Card Form.--The
Presidential designee shall revise the official post card
form (prescribed under section 101) to enable a voter using
the form to--
``(1) request an absentee ballot for each election for
Federal office held in a State ``for which the voter may be
provided an absentee ballot under subsection (a)'', or
``(2) request an absentee ballot for only the next
scheduled election for Federal office held in a State.
``(d) No Effect on Voter Removal Programs.--Nothing in this
section may be construed to prevent a State from removing any
voter from the rolls of registered voters in the State under
any program or method permitted under section 8 of the
National Voter Registration Act of 1993.''.
SEC. 605. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER
UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING
ACT.
(a) Educating Election Officials on Responsibilities Under
Act.--Section 101(b)(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is
amended by striking the semicolon at the end and inserting
the following: ``, and ensuring that such officials are aware
of the requirements of this Act;''.
(b) Development of Standard Oath for Use With Materials.--
(1) In general.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(A) by striking ``and'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(7) prescribe a standard oath for use with any document
under this title affirming that a material misstatement of
fact in the completion of such a document may constitute
grounds for a conviction for perjury.''.
(2) Requiring states to use standard oath.--Section 102(a)
of such Act (42 U.S.C. 1973ff-1(b)), as amended by sections
603 and 605(a), is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) if the State requires an oath or affirmation to
accompany any document under this title, use the standard
oath prescribed by the Presidential designee under section
101(b)(7).''.
(c) Providing Statistical Analysis of Voter Participation
for Both Overseas Voters and Absent Uniformed Service
Voters.--Section 101(b)(6) of such Act (42 U.S.C.
1973ff(b)(6)) is amended by strking ``a general assessment''
and inserting ``a separate statistical analysis''.
SEC. 606. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND
RESERVE COMPONENT FACILITIES AS POLLING PLACES.
(a) Limited Use of Military Installations Authorized.--
Section 2670 of title 10, United States Code, is amended--
(1) by striking ``Under'' and inserting ``(a) Use by Red
Cross.--Under'';
(2) by striking ``this section'' and inserting ``this
subsection''; and
(3) by adding at the end the following new subsection:
``(b) Use as Polling Places.--(1) Notwithstanding any other
provision of law, the Secretary of a military department may
make a building located on a military installation under the
jurisdiction of the Secretary available for use as a polling
place in any Federal, State, or local public election, but
only if such use is limited to eligible voters who reside
on that military installation.
``(2) If a building located on a military installation is
made available under paragraph (1) as the site of a polling
place, the Secretary shall continue to make the building
available for subsequent elections unless the Secretary
provides to the appropriate State or local election officials
advance notice, in a reasonable and timely manner, of the
reasons why the building will no longer be made available as
a polling place.
``(3) In this section, the term `military installation' has
the meaning given the term in section 2687(e) of this
title.''.
(b) Use of Reserve Component Facilities.--(1) Section 18235
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(c) Pursuant to a lease or other agreement under
subsection (a)(2), the Secretary may make a facility covered
by subsection (a) available for use as a polling place in any
Federal, State, or local public election notwithstanding any
other provision of law. If a facility is made available as
the site of a polling place with respect to an election, the
Secretary shall continue to make the facility available for
subsequent elections unless the Secretary provides to the
appropriate State or local election officials advance notice,
in a reasonable and timely manner, of the reasons why the
facility will no longer be made available as a polling
place.''.
(2) Section 18236 of such title is amended by adding at the
end the following:
``(e) Pursuant to a lease or other agreement under
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any
Federal, State, or local public election notwithstanding any
other provision of law.''.
(c) Conforming Amendments to Title 18.--(1) Section 592 of
title 18, United States Code, is amended by adding at the end
the following new sentence:
``This section shall not apply to the actions of members of
the Armed Forces at any polling place on a military
installation where a general or special election is held in
accordance with section 2670(b), 18235, or 18236 of title
10.''.
(2) Section 593 of such title is amended by adding at the
end the following new sentence:
``This section shall not apply to the actions of members of
the Armed Forces at any polling place on a military
installation where a general or special election is held in
accordance with section 2670(b), 18235, or 18236 of title
10.''.
(d) Conforming Amendment to Voting Rights Law.--Section
2003 of the Revised Statutes of the United States (42 U.S.C.
1972) is amended by adding at the end the following new
sentence: ``Making a military installation or reserve
component facility available as a polling place in a Federal,
State, or local public election in accordance with section
2670(b), 18235, or 18236 of title 10, United States Code, is
deemed to be consistent with this section.''.
(e) Clerical Amendments.--(1) The heading of section 2670
of title 10, United States Code, is amended to read as
follows:
``Sec. 2670. Buildings on military installations: use by
American National Red Cross and as polling places in
Federal, State, and local elections''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2670. Buildings on military installations: use by American National
Red Cross and as polling places in Federal, State, and
local elections.''.
``3629. Reduced rates for official election mail.''.
TITLE VIII--TRANSITION PROVISIONS
Subtitle A--Transfer to Commission of Functions Under Certain Laws
SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Transfer of Functions of Office of Election
Administration of Federal Election Commission.--There are
transferred to the Election Assistance Commission established
under section 201 all functions which the Office of the
Election Administration, established within the Federal
Election Commission, exercised before the date of enactment
of this Act.
(b) Conforming Amendment.--Section 311(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) in paragraph (8), by inserting ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (10) and the second and third
sentences.
SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) Transfer of Functions.--There are transferred to the
Election Assistance Commission established under section 201
all functions which the Federal Election Commission exercised
under the National Voter Registration Act of 1993 before the
date of enactment of this Act.
(b) Conforming Amendment.--Section 9(a) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is
amended by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission''.
SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) Property and Records.--The contracts, liabilities,
records, property, and other assets and interests of, or made
available in connection with, the offices and functions of
the Federal Election Commission which are transferred by this
subtitle are transferred to the Election Assistance
Commission for appropriate allocation.
(b) Personnel.--
(1) In general.--The personnel employed in connection with
the offices and functions of the
[[Page H9287]]
Federal Election Commission which are transferred by this
subtitle are transferred to the Election Assistance
Commission.
(2) Effect.--Any full-time or part-time personnel employed
in permanent positions shall not be separated or reduced in
grade or compensation because of the transfer under this
subsection during the 1-year period beginning on the date of
the enactment of this Act.
SEC. 804. EFFECTIVE DATE; TRANSITION.
(a) Effective Date.--This title and the amendments made by
this title shall take effect upon the appointment of all
members of the Election Assistance Commission under section
203.
(b) Transition.--With the consent of the entity involved,
the Election Assistance Commission is authorized to utilize
the services of such officers, employees, and other personnel
of the entities from which functions have been transferred to
the Election Assistance Commission under this title or the
amendments made by this title for such period of time as may
reasonably be needed to facilitate the orderly transfer of
such functions.
Subtitle B--Coverage of Commission Under Certain Laws and Programs
SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN
CIVIL SERVICE LAWS.
(a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I)
of title 5, United States Code, is amended by inserting ``or
the Election Assistance Commission'' after ``Commission''.
(b) Exclusion From Senior Executive Service.--Section
3132(a)(1)(C) of title 5, United States Code, is amended by
inserting ``or the Election Assistance Commission'' after
``Commission''.
SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.
(a) In General.--Section 8G(a)(2) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting ``the
Election Assistance Commission,'' after ``Federal Election
Commission,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the appointment of all
members of the Election Assistance Commission under section
203.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. STATE DEFINED.
In this Act, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the United States Virgin Islands.
SEC. 902. MISCELLANEOUS PROVISIONS TO PROTECT INTEGRITY OF
ELECTION PROCESS.
(a) Clarification of Ability of Election Officials To
Remove Registrants From Official List of Voters on Grounds of
Change of Residence.--Section 8(b)(2) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6(b)(2)) is
amended by striking the period at the end and inserting the
following: ``, except that nothing in this paragraph may be
construed to prohibit a State from using the procedures
described in subsections (c) and (d) to remove an individual
from the official list of eligible voters if the individual
has not voted or appeared to vote in 2 or more consecutive
general elections for Federal office and has not either
notified the applicable registrar (in person or in writing)
or responded to a notice sent by the applicable registrar
during the period in which such elections are held that the
individual intends to remain registered in the registrar's
jurisdiction.''.
(b) Prohibiting Efforts by Poll Workers To Coerce Voters To
Cast Votes for Every Office on Ballot.--Section 594 of title
18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) Whoever'';
and
(2) by adding at the end the following new subsection:
``(b) For purposes of subsection (a), a poll worker who
urges or encourages a voter who has not cast a vote for each
office listed on the ballot to return to the voting booth to
cast votes for every office, or who otherwise intimidates,
harasses, or coerces the voter to vote for each such office
(or who attempts to intimidate, harass, or coerce the voter
to vote for each such office), shall be considered to have
intimidated, threatened, or coerced (or to have attempted to
intimidate, threaten, or coerce) the voter for the purpose of
interfering with the voter's right to vote as the voter may
choose. Nothing in this subsection shall prohibit a poll
worker from providing information to a voter who requests
assistance.''.
SEC. 903. NO EFFECT ON OTHER LAWS.
(a) In General.--Nothing in this Act and no action taken
pursuant to this Act shall supersede, restrict, or limit the
application of the Voting Rights Act of 1965, the National
Voter Registration Act of 1993, the Voting Accessibility for
the Elderly and Handicapped Act, or the Americans with
Disabilities Act of 1990.
(b) No Conduct Authorized Which is Prohibited Under Other
Laws.--Nothing in this Act authorizes or requires any conduct
which is prohibited by the Voting Rights Act of 1965, the
National Voter Registration Act of 1993, or the Americans
with Disabilities Act of 1990.
(c) Application to States, Local Governments, and
Commission.--Except as specifically provided in the case of
the National Voter Registration Act of 1993, nothing in this
Act may be construed to affect the application of the Voting
Rights Act of 1965, the National Voter Registration Act of
1993, or the Americans with Disabilities Act of 1990 to any
State, unit of local government, or other person, or to grant
to the Election Assistance Commission the authority to carry
out activities inconsistent with such Acts.
The SPEAKER pro tempore. The gentleman from Ohio (Mr. Ney) and the
gentleman from Maryland (Mr. Hoyer) each will control 30 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Ney).
Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 3295, the Help America
Vote Act of 2001. This legislation is a culmination of a long series of
hearings, discussions, and negotiations.
In crafting this bipartisan election reform bill, we heard from and
consulted with groups from across the United States that represent the
interests of voters, election officials, State and local governments,
and others who care about this issue.
From the outset of this process, my goal was to craft legislation
that could be supported by Members from both sides of the aisle. That
is critical in this process.
Mr. Speaker, I recognize the gentleman from Maryland (Mr. Hoyer), our
ranking member of the Committee on House Administration, and all of the
Members on both sides of the aisle from that committee, because if it
were not for the gentleman from Maryland (Mr. Hoyer), his diligence,
and the integrity, the will and desire to improve elections in one of
the most important bills in the history of this country in the election
process, besides the Voting Rights Act, we would not be standing here
today.
The fact that we have 173 cosponsors on the bill, 63 Republicans and
110 Democrats, more cosponsors than any other election reform bill in
the House, I think demonstrates that we achieved the goal that we
wanted. That is the way it should be. Improving our country's election
system should not and cannot be a partisan issue. Everybody in the
United States has the right to vote and has to feel secure that their
vote counts.
Republicans and Democrats nationwide and here in this Congress agree
on the necessity of ensuring that all citizens who wish to vote can,
and that their votes will be counted accurately. This bill would
advance us towards that goal.
The first title of the bill is the punch card replacement program.
The title authorizes $400 million to allow those jurisdictions that
used punch card voting systems in the November 2000 election to get rid
of them. It is obvious that we need to get rid of these antiquated
technologies and replace them with machines voters have confidence in.
I hope, Mr. Speaker, that one day the way we will see punch card
machines in the United States is to go to the Smithsonian in order to
view them. Mr. Speaker, this bill authorizes funds to make that happen.
This bill creates a new Election Assistance Commission called the
EAC. This new commission will assume the functions of the Office of
Election Administration currently under the Federal Election
Commission.
The new EAC will serve as a national clearinghouse for the compiling
of information and review of procedures affecting the administration of
Federal elections. The EAC will also be charged with developing new
voluntary election management practice standards. It will distribute
the election fund payments, research and development grants, and pilot
programs authorized by this bill.
I will point out that the name we chose for this commission is not by
accident. The purpose of this commission is to assist State and local
governments with their election administration problems; its purpose is
not to dictate solutions or hand down bureaucratic mandates.
In fact, one of the first premises that our ranking member, the
gentleman from Maryland (Mr. Hoyer) and I agreed on, and we received
sympathy on this issue around the entire Congress, I believe, is that
it will not be a rulemaking body. It will have teeth, it will have an
advisory board that the gentleman from Maryland (Mr. Hoyer) has
suggested, and a standards board of local officials across the U.S.
that we had suggested, but in fact, it will not be dictating through
rules and regulations on a daily basis of how local elections will be
carried out.
The commissioners serve part-time. Of the four commissioners, no more
than two can be from the same party, so bipartisanship is assured.
Additionally, it must consult with and consider recommendations of the
advisory board
[[Page H9288]]
and the standards board that I mentioned previously. These boards,
again, will consist of election officials and other interested groups
who have interest in or expertise in election issues. These boards will
have a voice on this commission, and that voice will be heard.
In addition to the funds authorized for punch card replacement, this
bill authorizes $2.25 billion for election fund payments to the States.
The election fund payments will be used for a variety of things, from
purchasing new equipment to updating registration systems, to assuring
access for those with physical disabilities to the polls, to increasing
poll worker education and training, sending sample ballots, and a wide
variety of other uses that are, once again, good for the United States
election system.
The fund is designed to allow a State to determine its greatest needs
and to devote the resources to those needs. Along with these funds come
funding conditions.
States that take fund payments must certify, for example, that they
have provided $1 to match every $3 provided by the Federal Government,
a 25 percent match. They also must demonstrate that they have
established a statewide benchmark for voting system performance, and
also that they have adopted the voluntary election standards developed
by the new Election Assistance Commission, or they have developed their
own standards that will do the job; and that they have in each precinct
or polling place a voting system in place which is fully accessible to
people who have a form of disability.
These funding conditions will ensure that the Federal dollars are
spent appropriately, and that the EAC will monitor compliance with
these conditions.
This bill also creates the Help America Vote program. This was an
idea that the gentleman from Maryland (Mr. Hoyer) brought forth that I
think is tremendous. We have it at the high school level and at the
college level. This program is designed to get the country's young
people involved in the energetic give and take of public debate through
our democratic process through volunteer service as nonpartisan poll
workers and assistants.
One common view that we heard from election officials across the
Nation in both parties was that there is a critical shortage of poll
workers. This program will have the two-fold benefit of helping with
this shortage, while also getting our young people involved in their
democracy.
All of us in this institution constantly talk about getting young
people involved in the process, getting them to be registered to vote.
This component on this bill, this part, maybe has not been talked about
daily in the media, Mr. Speaker, but it is, I think, one of the most
valuable things also that we are doing in this bill.
Title V is the minimum standards section of the bill. During
negotiations, some feared that having funding conditions was not
adequate because voters who might live in States that did not take the
funds would not be protected. Others opposed intrusive Federal mandates
that could become burdensome and inefficient.
The minimum standards we included in this bill strike the appropriate
middle ground. That is why I believe, Mr. Speaker, we see a wide
variety of people from this House, Members from both parties, from all
the political spectrums, who have cosponsored this, because we achieved
that middle ground that we needed. The minimum standards guarantee
certain protections for all voters in the United States without
imposing an intrusive, federally-designed system.
There are seven minimum standards. Briefly, they are:
The State will implement a statewide registration system that is
networked to every jurisdiction in the State;
The State has a system of file maintenance which ensures that the
voting rolls are accurate and are updated regularly;
The State permits in-precinct provisional voting by any voter who
claims to be qualified to vote;
The State has adopted uniform standards to define what constitutes a
vote on the different types of voting equipment in use in the State;
The State has implemented safeguards to ensure that military service
personnel and citizens living overseas have the opportunity to vote and
have their vote counted;
The State requires that new voting systems provide a practical and
effective means for voters with physical disabilities to cast a secret
ballot;
And also, States that have technology that allows voters to check for
errors must ensure that they are able to do so under conditions which
assure privacy, and States replacing their voting systems must do so
with machines that give voters the opportunity to correct errors before
the ballot is cast.
The Commission will monitor compliance with these minimum standards,
and can make a referral to the Justice Department in cases of
noncompliance.
Mr. Speaker, this bill will also help assure the voting rights of our
service personnel and overseas citizens. That was a huge issue, as we
know, that has come to light, and we appreciate the work that many
Members of the House did on this in giving input, people such as the
gentlewoman from New York (Mrs. Maloney) and the gentleman from New
York (Mr. Reynolds); the gentleman from Indiana (Mr. Buyer), and many
others.
It includes a number of provisions that will make it easier for our
service personnel to obtain ballots and transmit them in a timely
fashion.
Additionally, we will require the Department of Defense to make sure
that there are an adequate number of voting assistance officers
assigned, and to make sure that ballots are properly postmarked so they
cannot be challenged.
Mr. Speaker, this bill, once again, is the culmination of a lot of
hard work. It is carefully crafted and written in the spirit of
bipartisan and compromise. I think it is a package that really deserves
support.
I also want to thank the gentleman from Missouri (Mr. Blunt), who is
a former Secretary of State. He gave us, from the first day forward,
some dynamic ideas and great support on this bill.
Again, I want to thank the gentleman from Maryland (Mr. Hoyer). We
could not be here if it was not for his spirit on this, and his resolve
to make sure that we have good elections in this country.
Mr. Speaker, this bill evolved from a punch card issue into something
way beyond that that has teeth, that makes changes, but does it in a
responsible way. That is why we have the support of local governments.
Speaker Marty Stevens of the National Council of State Legislators and
all their staff are supporting this bill; also President Jimmy Carter
and President Gerald Ford; Phillip Zellico, the executive director of
the National Commission on Election Reform; Ron Thornberg, a Republican
Secretary of State from Kansas and president of the National
Association of Secretaries of State; Sharon Priest, a Democrat from
Arkansas and past president of this association; and Ken Blackwell, a
Republican from Ohio.
On a bipartisan basis, the Secretaries of State stepped up to the
plate to once again help us to craft this bill; Ralph Taber of NACO,
Doug Lewis, executive director of the Elections Center, and many, many
others.
The staffs of the Committee on House Administration on both sides of
the aisle all came together to make these ideas gel, but all with the
same spirit.
As we look around at what has happened to this country, as we look
around at those who have tried to attack our very foundation, we
realize that the election of individuals from all levels is important,
because we do have the greatest democracy in the world. We want the
people to feel comfortable with our election process.
{time} 1345
This bill does that. It helps America vote, and I urge its support.
Mr. Speaker, I reserve the balance of my time.
Mr. HOYER. Mr. Speaker, I yield myself 5\1/2\ minutes.
Let me at the outset say that no one could have had a more positive
partner in working on this legislation than I had in the gentleman from
Ohio (Mr. Ney). The chairman of the Committee on House Administration
is dedicated and committed to producing a positive product. He has done
that. I have been pleased to work with him in this process, and I thank
him for his leadership.
[[Page H9289]]
Mr. Speaker, 1 year ago tonight in Bush v. Gore, the United States
Supreme Court effectively determined the outcome of our last
Presidential election. But today this House has an historic opportunity
to let this day be remembered not for one of the most controversial
decisions in the court's history, but for congressional action to
protect our most cherished democratic right: the right to vote and the
right to have that vote counted.
One hundred million Americans went to the polls on November 7, 2000,
but an estimated 6 million, according to the CalTech-MIT study, failed
to have their votes counted.
Thus, today, on this 1-year anniversary of Bush v. Gore, I am pleased
to join our colleague, the gentleman from Ohio (Mr. Ney), the chairman
of our committee, and Members from both sides of the aisle in strongly
supporting H.R. 3295, the Help America Vote Act of 2001.
This bipartisan election reform legislation, the most widely
supported election reform bill in the House with 173 cosponsors,
addresses virtually every major election system flaw that came to light
after our last national election. The Help America Vote Act is an
important mixture of Federal assistance to States and minimum election
standards.
It will require, not ask, but require, all States to adopt a state-
wide voter registration system linked to local jurisdiction; in-
precinct provisional balloting; a system for maintaining the accuracy
of voter registration records; uniform standards for defining what
constitutes a vote on different types of voting equipment in different
parts of the States; assurances that overseas military voters have
their votes counted; assurances that voters have the right and
opportunity to correct errors; and practical and effective means for
disabled voters to cast secret ballots on new voting equipment.
These election standards are not discretionary, nor are they
dependent on the States' receiving Federal assistance under the bill.
States shall enact them, and they shall be enforced.
The Help America Vote Act also authorizes, as the chairman has said,
$2.65 billion for Federal election reform, which includes $400 million
for buyout of the infamous punch cards. The remaining $2.25 million
will help States establish and maintain accurate lists of eligible
voters, improve equipment, educate voters, recruit and train poll
workers, and assure access for disabled voters.
This bipartisan legislation is the product of numerous hearings, at
least four in the Committee on House Administration, the most of any
congressional committee this year, in which we received invaluable
input from State and local officials.
Furthermore, this legislation has been endorsed by, among others, the
National Commission on Federal Election Reform, known as the Ford-
Carter Commission; the National Association of Secretaries of State;
the National Conference of State Legislatures; the National Association
of Counties; the National Association of County Recorders, Election
Officials and Clerks; the Election Center; the National Federation of
the Blind; and the League of Women Voters of Los Angeles County.
Why is this important? Because it is those individuals who will have
to run elections, and the fact that they are supportive of these
requirements and these procedures is critically important to the next
election.
In fact, in a recent op-ed column in the Washington Post, former
Presidents Ford and Carter observed: ``With the exception of the civil
rights laws of the 1960s, this bill,'' that is on the floor today,
``could provide the most important improvements in our democratic
election system in our lifetimes.''
This is an extraordinarily good bill. It is not a perfect bill, but
it goes much further than anybody would have thought at the beginning
of this session.
Finally, I want to specifically thank the gentleman from Michigan
(Mr. Conyers), the ranking Democrat of the Committee on the Judiciary,
and the gentlewoman from California (Ms. Waters), the chairman of the
Democratic Caucus Special Committee on Election Reform. Their insight
and tireless advocacy on this important issue has improved this bill.
H.R. 3295, in fact, incorporates many of their recommendations.
This legislation is not a magic elixir. However, it will
significantly improve the integrity of our election process, encourage
voter participation and restore public confidence in our system. In
short, it is a historic opportunity for this House to right the
undemocratic wrongs in our election system.
Election reform is a down payment on the right that defines us as a
people. That is an investment in democracy that I urge every one of my
colleagues to make today. This is a good bill. Let us vote for it. Let
us pass it to the Senate. Let us take action.
Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Horn).
Mr. HORN. Mr. Speaker, today, the House has an opportunity to address
the many problems that were uncovered in past years' Presidential
elections. In Florida and many other States, the past election made
clear that there are serious doubts about how we conduct some of our
elections.
This bill sets minimum Federal standards that the States must meet,
and it provides more than $2.6 billion in Federal funds to help them
meet those standards.
The bill specifically provides $400 million to begin getting rid of
all the other punch card voting machines that were such a problem in
Florida and many other places. Former Presidents Carter and Ford headed
a national commission to examine solutions for all of the problems in
our electoral system. They endorse this bill, so does the Los Angeles
Times and dozens of other newspapers. It is a sensible step to protect
the rights of voters, and we should pass it without further delay.
The legislation before us is well balanced, generally bipartisan. I
congratulate the gentleman from Ohio (Chairman Ney) and the gentleman
from Maryland (Mr. Hoyer) for this wonderful bill that we have before
us. They have produced excellent work in doing this; and the bill
before us, H.R. 3295, the Help America Vote Act, offers a comprehensive
and sensible response that will help to eliminate those doubts and
restore the integrity and credibility of our elections.
Mr. HOYER. Mr. Speaker, will the gentleman yield?
Mr. HORN. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Speaker, I want to thank the gentleman. The gentleman
from California (Mr. Horn) has been involved since the very first day
of this session and we introduced a bill that was not as comprehensive
as this. The gentleman was a sponsor and has worked with us ever since.
I thank him for his involvement.
Mr. HORN. Mr. Speaker, I thank the gentleman. The gentleman from
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) have spent
hours to do this. And when the 50 States say this is good, one can
imagine that Members of this body think it is good.
Mr. HOYER. Mr. Speaker, I yield 2 minutes to the very distinguished
gentleman from Georgia (Mr. Lewis). There is no one in this House,
perhaps no one in this country, who has fought harder, risked more,
shown more courage and commitment in assuring that every American has
the right to vote.
Mr. LEWIS of Georgia. Mr. Speaker, I want to thank the gentleman from
Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Hoyer) for bringing
this bill to the floor. I want to thank my friend and colleague, the
gentleman from Maryland (Mr. Hoyer), for yielding me time. I know this
has not been easy for the two of you, but you brought us to where we
are today.
Mr. Speaker, I rise today in support of moving the process of
election reform forward. It has been over a year since the 2000
election and other elections have already been held. What happened in
Florida last year and so many other places in our Nation must never
ever happen again. Voters were denied the right to vote by incorrect
voting lists, confusing ballots, and out-of-date voting machines.
The right to vote is precious. It is almost sacred. People died for
the right to vote, and we must do whatever we can to protect that
right. This is not a perfect bill. This bill is not a cure-all, but it
is a step forward in correcting the problems with our election system
and opening up the political process.
Many, many years ago I fought to give people a voice in the outcome
of
[[Page H9290]]
elections, to get people included in the political process, to ensure
their right to vote. And 40 years later I remain committed to that
goal.
As I said before, this bill does not solve all of the problems, and
it is not all that many of us wanted; but it does help to move this
process forward this year, right here and now. It is past time that we
address this important voting rights issue, and this bill is a
necessary step in the right direction. I urge all of my colleagues to
support this bill. It is the most important voting rights bill since
the passing of the Voting Rights Act in 1965, 36 years ago. Vote for
this bill.
Mr. NEY. Mr. Speaker, I yield 3 minutes to my distinguished
colleague, the gentleman from Michigan (Mr. Ehlers), who is also sort
of the unofficial science advisor of the House Administration Committee
and we appreciate his support.
(Mr. EHLERS asked and was given permission to revise and extend his
remarks.)
Mr. EHLERS. Mr. Speaker, I am very pleased to rise in support of this
bill. I rise on the premise that every registered citizen has the right
to vote, can vote, and should vote. I also believe that every citizen
who votes has the right to be assured that his or her vote is counted
accurately and, furthermore, that that vote is protected against
dilution by fraud of others who vote more than once or who vote
illegally.
I have served in local, State and national office for over 25 years.
During that time I have seen and participated in many elections. The
problems we saw last year in Florida are not unique. These problems
occur frequently, and I believe this bill will help to solve many of
these election difficulties.
While we can debate the particulars of how to administer an election
or which voting equipment to buy, we know that all voting equipment
should be based on the strongest possible standards for usability,
accuracy, security, accessibility, and integrity. In order to achieve
all of that, I introduced a bill earlier this year, H.R. 2275, which
would help to assist in establishing the technical standards for voting
equipment, making use of the resources of the National Institute of
Standards and Technology, which is uniquely qualified to do this. I am
very pleased that those provisions of H.R. 2275 have been incorporated
into the bill that is before us.
{time} 1400
These provisions originally would have created a commission chaired
by the Director of the National Institute of Standards and Technology
and comprised of local election directors. This commission would have
been responsible for developing voluntary technical standards to ensure
the usability, accuracy, security, accessibility, and integrity of
voting systems and voting equipment.
Those provisions have been carried over to this bill. It is a near
perfect fit because it creates the process by which the Election
Assistance Commission in this bill can develop and will develop
technical standards, which currently are woefully inadequate under
current guidelines. These provisions that have been inserted in this
bill will help strengthen the bill, providing much-needed research into
improving voting equipment.
This bill includes a grant program for developing better voting
technology and making sure that our existing systems are secure. It
also includes a research program inside the National Institute of
Standards and Technology that will review, among other things, the role
of human factors in the design and use of voting machines.
In summary, this legislation will ensure that the Election
Administration Commission will have an effective, transparent,
informed, and complete process for the development of voluntary
technical standards for voting equipment and systems. I am very pleased
to have participated in the creation of this bill, and I urge that we
adopt it.
Mr. HOYER. Mr. Speaker, I am honored to yield 3 minutes to the
gentleman from Philadelphia, Pennsylvania (Mr. Fattah), my
distinguished colleague on the Committee on House Administration who
has worked very hard on this bill for the last 8 months.
Mr. FATTAH. Mr. Speaker, let me say first that I want to congratulate
the principal sponsors of this, the gentleman from Ohio (Mr. Ney) and
the gentleman from Maryland (Mr. Hoyer). Their work, along with the
others on the committee, have really done a tremendous service for the
country by moving this issue forward.
I join my colleague, the gentleman from Georgia (Mr. Lewis), when he
says that this is a necessary step towards election reform. It was just
a year ago today that the Supreme Court ruled and stopped the vote
counting in Florida. It was an international disgrace the way that the
process unfolded, and with so many people's votes were discarded by
machinery that did not work, or processes that did not comply with what
was necessary to have every single person being able to cast a vote and
to have that vote counted.
This bill moves us towards real election reform. It is imperfect, but
it is part of a process in which I think that this is a bill that is
much better than any of us could have hoped for leaving the House. We
would hope that the other body will act and that then we would have a
conference committee and a final product so that the people who we
represent can be assured that in the next election, that some of the
items that have been identified in this legislation, in terms of proxy
voting and in terms of access and standards at the State level, and
doing away with outdated machinery, along with the $2.6 billion in
Federal resources that assist States in this effort, will be part of
the final product.
So, again, I want to thank Chairman Ney, who I think has exhibited
extraordinary leadership in moving this forward, and Ranking Member
Hoyer, bringing together a bipartisan group of people. I am happy to be
one of the principal cosponsors of this legislation.
I know there are some who are disappointed in the rule. I am
disappointed in the rule. I would have preferred that we would have
been able to have a more open process here on the floor in terms of the
House fashioning its will. But I am mindful that as we go forward, we
all have a responsibility and we are burdened with it to try to make
real reform happen. And as we go forward and through this process
today, I know that when we pass this out of the House, as has been
mentioned before, that since the 1965 Voting Rights Act, this will be
the most important voting rights legislation that the House has sent
forward in many, many years.
So I want to urge the House to support it. I know that when we come
to the final resolution on election reform, this bill will be the
linchpin for the action that the entire Congress, along with a
Presidential signature, will give to the American people; and that is a
much better electoral system.
Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Nebraska (Mr. Terry).
(Mr. TERRY asked and was given permission to revise and extend his
remarks.)
Mr. TERRY. Mr. Speaker, I believe in the empowerment of local,
county, and State governments. I believe that they, being closer to the
people, can provide services better and cheaper. The Federal Government
does ask that those local governments perform tasks on behalf of the
Federal Government. Running elections is such a request. In fact, it is
not a request, it is a mandate in the United States Constitution. Yet
we do not partner and we do not help in the running of those Federal
elections.
The consequences are outdated machines, poor election personnel
training, poor coordination, bad voter lists, all making the system
vulnerable to fraud. The Federal Government, with H.R. 3295,
establishes that partnership, helping States and counties more
efficiently run Federal elections.
This act enhances the credibility of the election system by providing
some financial help to States and counties to upgrade from a punch card
system to a newer technology less fraught with danger. It, importantly,
also helps those States who moved forward to upgrade while Congress
here debated, discussed and compromised.
This act helps to set minimum standards for elections, to avoid
confusion in the future. It helps train election officials. It helps
ensure, and this is an important aspect, it helps ensure that the votes
of our overseas men and women, and those in the service, will count. It
[[Page H9291]]
requests States clean up their voter lists, and it allows our youth
more participation in the process.
These are all extremely positive movements in the right direction for
the future of our democracy, and I encourage my colleagues to help
secure future elections by voting ``yes.''
Mr. HOYER. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Florida (Ms. Brown), who has been as strong a voice on behalf of
election reform as we have in this country.
Ms. BROWN of Florida. Mr. Speaker, I thank the gentleman for yielding
me this time, and I want to thank the chairman and the ranking member
both for their leadership on this matter.
One year ago today, 10 p.m., I was standing in front of the Supreme
Court. And I tell my colleagues that it was the coldest night I have
ever experienced in my life. And I am not talking about the weather. I
am talking about when the Supreme Court selected the President of the
United States.
Nobody feels more about this bill than I do, because my constituents
were disenfranchised. There is no one in Florida who looks like me that
believes we had a fair election in Florida. There is no one who looks
like me that does not feel that we had a coup d'etat here in the United
States. Harsh words. But the television today, and others, talked about
what happened at the Supreme Court. But they said, well, everything is
okay. Well, the end does not justify the means. We have to make sure
that what happened in Florida never happens again.
Now, this bill is not a perfect bill. I have been an elected official
for 20 years. I have never seen a perfect bill. But this bill is a
perfect beginning, and I support it and urge my colleagues to vote for
it. It starts us on our way.
One provision that I want to talk about that is in this bill is the
provisional balloting, wherein 17,000 people would have had an
opportunity to have their vote counted if that had been enacted.
Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from West
Virginia (Mrs. Capito).
Mrs. CAPITO. Mr. Speaker, I rise today in strong support of H.R.
3295, the Help America Vote Act of 2001. I want to thank my colleagues,
the gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr.
Hoyer) for creating this bill that will strengthen our Nation's voting
system and enhance America's democracy.
The 2000 election highlighted obviously the inaccuracies and
inconsistencies in our voting systems. As the country waited to hear
the final outcome of the Presidential election, many began to take a
closer look at our voting systems. What we saw were outdated
technologies and a lack of uniformity.
In my home State of West Virginia, 12 counties of the 55 counties
still use the punch ballot. It is easily manipulated and archaic, but
these 12 counties lack the funds to replace these machines. With the
$3.6 million that West Virginia will receive in this bill, all those
machines will be replaced.
But I think it is interesting to note that there are four other
operating voting systems in our small State of West Virginia; optic
scans, paper ballots, lever machines, and a highly innovative votronic
technology. The lack of uniformity and compatibility creates confusion.
This plan will help eliminate that. All States will be able to benefit
from the flexible funds, which can be used to enable access to voters
with disabilities, strengthen voter turnout, and to consolidate our
statewide registration systems.
Voting for an elected official is the hallmark of American democracy.
When citizens cast their votes, they are exercising a fundamental right
that our forefathers worked to achieve for all generations. With our
country at war, we must also be concerned now, more than ever, about
ensuring the accuracy of the votes of our men and women overseas. This
bill, H.R. 3295, addresses this concern.
Voting is an important and fundamental American right and should
never be casually regarded. But our citizens need to have the
confidence in their voting systems so they will eagerly and willingly
cast their votes and feel confident that they are participating in a
strong and efficient democracy.
Mr. Speaker, I urge my colleagues to support the bipartisan Help
America Vote Act.
Mr. HOYER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
New Jersey (Mr. Pascrell), the distinguished former Mayor of Patterson,
who has been involved in elections for a long time and worked very hard
on election reform.
Mr. PASCRELL. Mr. Speaker, I thank the gentleman from Maryland (Mr.
Hoyer) for yielding me this time, and thanks to the Chairman, the
gentleman from Ohio (Mr. Ney), for all his work.
The great poet Langston Hughes asked, ``What happens to a dream
deferred?'' Well, in the case of the dream of fair and equal treatment
at the polls, a dream deferred is a dream denied. Let us defer these
dreams no longer. Let us take this critical step to ensure that all
Americans have their votes counted.
Last year's presidential election was a civics lesson for all of us.
Not only did we learn that every vote counts, we learned that every
vote is not counted. Although we all saw what happened in Florida, we
realized the problems existed in every State and in every municipality.
In Atlanta's Fulton County, which uses punch card voting machines,
one in every 16 ballots for president was invalidated. In many Chicago
precincts that have high African American populations, one of every six
ballots was thrown out. If we do not address this blatant irregularity
and inequality, then we are letting down the thousands of Americans who
take the time to vote each year.
This bill is the right approach. Buying out our punch card systems,
improving equipment, recruiting and training poll workers, improving
access for people with disabilities, and educating voters about their
rights are the things we must be doing. And we should require States to
adopt minimum election standards, whether it comes to voter
registration or provisional voting.
When one voice is stifled because of outdated election procedures, it
stifles our collective system, Mr. Speaker, as a Nation. And none of us
should tolerate it any more.
Mr. NEY. Mr. Speaker, I would like to inquire as to how much time is
remaining.
The SPEAKER pro tempore (Mr. LaHood). The gentleman from Ohio (Mr.
Ney) has 10 minutes remaining and the gentleman from Maryland (Mr.
Hoyer) has 16\1/2\ minutes remaining.
Mr. NEY. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Grucci).
Mr. GRUCCI. Mr. Speaker, I would like to thank the chairman for
yielding me this time, and I rise today in support of H.R. 3295, the
Help America Vote Act.
After experiencing the confusion and the uncertainty of the 2000
election, Congress must act to restore America's confidence in our
voting system. H.R. 3295 does just that. This bill will strengthen our
election system while ensuring lawful and impartial voting for every
citizen.
{time} 1415
Mr. Speaker, our government is based on participation by every
citizen. The voice of the citizens in our government is heard through
their vote. This legislation will ensure that every voice be heard.
This bill not only allows citizens to vote with peace of mind, but also
strengthens our democratic process.
The Help America Vote Act authorizes $400 million to buy out the
problematic and outdated punch card voting machines, as well as
establishing minimum standards for State election systems. Some of the
requirements include that States have a voter registration system
linked to local jurisdictions, systems to maintain the accuracy of
voter registration records, and the adoption of uniform standards
defining what constitutes a vote.
At a time when we honor the service of our brave men and women
overseas, this bill includes a system to ensure that both uniformed
military men and women and overseas voters have their votes counted.
As a member of the Committee on Science, I am proud to see that some
of our provisions that our committee
[[Page H9292]]
passed earlier this year are included in H.R. 3295. One of the key
provisions of the bill is the creation of the Help America Vote College
Program. This important program would encourage college students to
assist State and local governments in the administration of local
elections by working as nonpartisan poll workers. By energizing our
college students, we encourage young people to speak out, using both
their voice and vote, to become more active in their government.
Mr. Speaker, there is a great need to improve the way our election
system operates in America. We need to ensure that all Americans have
their voices heard at the polls and their votes recorded fairly. I
encourage all of my colleagues to support H.R. 3295.
Mr. HOYER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Illinois (Mr. Davis).
Mr. DAVIS of Illinois. Mr. Speaker, first of all, let me commend the
gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr.
Hoyer) for the development of this legislation. I also thank the
gentlemen for working with me and my colleagues, the gentleman from
Illinois (Mr. Shimkus) and the gentleman from Maryland (Mr. Ehrlich),
to ensure that individuals who are visually impaired and blind are able
to vote independently. We appreciate the inclusion of much of our
amendment in the manager's amendment.
Mr. Speaker, the question I would like to ask the gentleman from Ohio
is what does the gentleman envision by the term ``fully accessible'' as
it relates to the bill?
Mr. NEY. Mr. Speaker, will the gentleman yield?
Mr. DAVIS of Illinois. I yield to the gentleman from Ohio.
Mr. NEY. Mr. Speaker, I thank the gentleman for this very important
question. It is my hope and expectation that ``fully accessible'' would
mean that blind persons would have the ability to vote in private and
have the ability to independently verify the vote cast.
Mr. DAVIS of Illinois. Mr. Speaker, I certainly appreciate that
clarification and share the gentleman's expectation. I feel there is
nothing more important than the right to the franchise and for the
ability for all people to exercise that right independently and
secretly. Again, I thank the gentleman for his accommodation and thank
the gentleman for the development of this legislation.
Mr. NEY. Mr. Speaker, if the gentleman would continue to yield, I
thank the gentleman for his very important work on this issue, and also
for the work of the gentleman from Illinois (Mr. Shimkus).
Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr.
Portman).
Mr. PORTMAN. Mr. Speaker, there is a broad consensus in this country
that we need to make some commonsense changes to our election laws. I
commend the gentleman from Ohio (Chairman Ney) and the gentleman from
Maryland (Mr. Hoyer), the ranking member, for reflecting those wishes
from around the country and bringing them here to this House today to
pass what is a truly bipartisan, truly commonsense approach to making
our elections work better.
There is a lot to like about this bill. It provides States that still
use punch-card voting systems with necessary funding to replace those
outdated systems. This is something that came up in the last
Presidential election, and something that needs to be addressed. It is
not only a bipartisan issue, it is a nonpartisan issue that people care
about at the local level.
It also takes steps to see that States will set up state-wide voter
registration systems and make sure that voter rolls are properly
maintained, which is very important to the integrity of elections.
It also encourages high school and college students to become
nonpartisan poll workers to get involved in the system. But doing all
that, it also respects the fact that State and local government must
continue to be the overseers of the process of elections. There is a
lot to like in this bill, including the way in which these two
gentlemen put it together. I commend them and urge support from both
sides of the aisle.
Mr. HOYER. Mr. Speaker, I yield myself 10 seconds.
Mr. Speaker, I want to say to the gentleman from Ohio (Mr. Portman),
I thank the gentleman for his words. There are, frankly, not very many
better legislators in this Congress than the gentleman from Ohio (Mr.
Portman). He has done some extraordinary work through the years, and I
appreciate his comments. I want him to know what a positive partner, as
I said at the beginning of this process, the gentleman from Ohio (Mr.
Ney) is.
Mr. Speaker, I yield 2 minutes to the gentleman from Rhode Island
(Mr. Langevin), a former Secretary of State of Rhode Island.
Mr. LANGEVIN. Mr. Speaker, today I rise in support of H.R. 3295, the
Help America Vote Act. Fixing the shortcomings in our election system
is no easy task, and I commend the gentleman from Ohio (Mr. Ney) and
the gentleman from Maryland (Mr. Hoyer) for their tireless efforts to
craft strong, bipartisan legislation, and for allowing me to assist in
its development.
As Rhode Island's Secretary of State, I replaced our ancient lever
voting machines with state-of-the-art voting equipment and created a
system guaranteeing that every vote is counted and every person with a
disability has 100 percent voting access; and that is exactly what we
must demand in every State.
H.R. 3295 will let States like Rhode Island build on their successes.
By counting State expenditures for ongoing election improvement
programs toward the 25 percent State match requirement, these model
States may implement new and innovative accessible voting technologies
and serve as even better models for other States to emulate.
The Help America Vote Act also sets minimum standards for election
administration and voting accessibility. Because 84 percent of the
Nation's polling places are inaccessible to the physically disabled, I
strongly encourage State election officials to follow Rhode Island's
cost-effective model and guarantee to all Americans the fundamental
right to vote independently.
This bill offers many good improvements, but we must go further. We
must ensure full voting access to all people with disabilities. I have
advocated for the access board to develop national standards and
deadlines for polling place accessibility, and I will continue to push
for this mandate.
Today's legislation will lay the foundation of a great new era of
public participation in the democratic process. While it is not a
perfect bill, it is an important first step in addressing the
inequities of our Nation's voting systems, and I encourage my
colleagues to support it.
Mr. NEY. Mr. Speaker, I yield myself 10 seconds.
Mr. Speaker, I thank the gentleman from Rhode Island (Mr. Langevin).
He has brought his expertise as Secretary of State to the table here in
the House and has been a tremendous resource working with us throughout
the process.
Mr. Speaker, I yield 1 minute to the gentleman from Delaware (Mr.
Castle).
Mr. CASTLE. Mr. Speaker, I, too, rise in support of H.R. 3295; and I,
too, congratulate the sponsors for the work that they have done.
My State happens to be very advanced. We have a fully electronic
system; and while some States such as Delaware have such a modernized
voting system, we will be able to use these funds for voter outreach
and training poll workers and making polls more accessible to disabled
voters. There are a lot of good things in this bill.
Mr. Speaker, these gentlemen deserve congratulations; but I would
like to speak to a couple of things. One, since I have been involved in
elected politics, and I have seen all kinds of problems in Wilmington,
Delaware, and the State of Delaware, I have seen a lot of improvements.
The sanctity of the vote to people is of extraordinary importance.
Americans have the right across the United States of America to feel
that their vote is going to be counted and their vote counts as much as
the President of the United States. That is at the heart of democracy,
and that is why it is so important that Congress speaks to this today.
The fairness of elections is important. We need to feel it is not the
Supreme Court, but the people of the United States of America who are
deciding who our elected officials are
[[Page H9293]]
going to be. It is also very significant that we are addressing those
problems as well; and the issues of disabilities are important. I hope
all Members support the legislation.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
Missouri (Mr. Clay).
Mr. CLAY. Mr. Speaker, I rise in support of the Help America Vote Act
of 2001. I do this with some reservations. However, it is necessary
that we pass this bill today. I thank the gentleman from Ohio (Mr. Ney)
and the gentleman from Maryland (Mr. Hoyer) for their persistence in
bringing this bill to the floor.
The election of 2000 disenfranchised millions of voters and
illustrated the shambles in which we find our current voting system.
The right to vote is sacred and guaranteed by the Constitution. This
right was made a mockery during the election of 2000. Congress must act
to guarantee that every single vote is counted, and that did not happen
in 2000.
Many citizens have died trying to secure and protect the right to
vote in this country. James Chaney, Michael Schwerner, and Andy Goodman
died in Philadelphia, Mississippi, in 1964 because of their efforts to
protect the right of others to vote. I will not let their deaths be in
vain. I hope that other Members of this body share that sensitivity.
The bill is not perfect, but it is a compromise and a work in progress.
Let us keep the process alive and vote for this bill. Let us send it to
the Senate and allow them to work their will on their side.
The SPEAKER pro tempore. Does the gentleman from Ohio, the manager of
the bill, yield for a unanimous consent request?
Mr. NEY. Mr. Speaker, I yield 1 minute to the gentleman from Oklahoma
(Mr. Istook).
Mr. ISTOOK. Mr. Speaker, I appreciate the efforts of the gentleman
from Ohio (Mr. Ney) and all Members who have been involved in this
legislation. Many of us have a concern, however, that although this
addresses with some special funding States who have not been as
diligent about updating their electoral machinery, although States
which have been more apathetic are rewarded under this, there is no
reward, no incentive, for States which have been diligent.
My State of Oklahoma is one such diligent State. Oklahoma spent $20
million to create optical scanning voting equipment in every precinct
in every county in Oklahoma. I applaud the foresight of our former
State election board secretaries, Lee Slater and Lance Ward, in doing
so. The amendment, which was intended to be a part of a manager's
amendment that ended up not being, is simply to say that States which
have funded an optical scanner or electronic system on a state-wide
basis would be reimbursed at the same per-precinct rate as States whose
equipment we seek to replace under the bill.
request to offer amendment
Mr. ISTOOK. Mr. Speaker, I ask unanimous consent to offer the
amendment at the desk.
The SPEAKER pro tempore (Mr. LaHood). Is there objection to the
request of the gentleman from Oklahoma?
Mr. PASCRELL. Mr. Speaker, I object.
The SPEAKER pro tempore. Objection is heard.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Cardin), the former Speaker of the House in Maryland.
(Mr. CARDIN asked and was given permission to revise and extend his
remarks.)
Mr. CARDIN. Mr. Speaker, first, I congratulate the gentleman from
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for the
manner in which they have brought forward this legislation. Along with
the gentleman from Maryland (Mr. Hoyer) and other Members of this body,
I serve as a representative on the Commission on Security and
Cooperation in Europe. That group monitors human rights and democratic
issues in the European countries, the United States, and Canada. We
have the responsibility at times to monitor elections in developing
countries.
{time} 1430
My point, Mr. Speaker, is that if our 2000 election was monitored by
that body, it would not have passed international standards. I
congratulate all that are responsible for bringing forward this
legislation because it is an appropriate Federal response to start us
down the road to guarantee to the American people that our State
election process will, in fact, count every vote. It is the way that we
should begin. It is good legislation, I urge my colleagues to support
it, but let us not lose sight of the fact that we have a long way to
go.
Mr. Speaker, I rise today in strong support of H.R. 3295, the Help
America Vote Act. I want to commend the House Administration Committee
for working in a bipartisan manner to bring this legislation to the
floor. I am pleased to be an original co-sponsor of this very important
legislation.
It has been a full year since the contested presidential election of
2000 which tested our democratic institutions. Last year the American
people understood that our democratic process is more important than
the victor, and the Americans accepted the outcome as final. That said,
we must ensure that we as a nation never have to go through such an
experience again. There must never be a question as to whether every
vote was counted. We are the strongest democracy in the world and every
American must be secure in knowing that his or her vote counts.
Mr. Speaker, this landmark legislation authorizes $2.25 billion for
fiscal years 2002 through 2004 for payments to states for specified
activities related to administering elections. In order to receive
federal funding under this program, states must provide at least a 25%
match of the federal funds. The bill authorizes the use of funds for
states to replace punch card voting systems with more reliable voting
systems, or to upgrade their existing voting equipment. Specifically,
the bill authorizes $400 million for one-time payments to states or
counties to replace current punch card voting machines with more
reliable systems in time for the November 2002 elections.
The bill also establishes an Election Assistance Commission, with a
$10 million annual budget, that would serve as a clearinghouse for
information on federal elections, oversee the development of voluntary
election standards, and provide funds to states to improve election
administration. The bill also includes provisions intended to
facilitate absentee voting by military and other overseas voters.
The bill requires states to adopt minimum election standards, and to
make several important changes in their voting systems, including: a
statewide voter registration system linked to local jurisdictions; in-
precinct provisional voting when questions arise about a voter's
eligibility; a system for maintaining the accuracy of voter
registration records; uniform standards defining what constitutes a
vote on different types of voting equipment; assurances that military
and overseas voters will have their votes counted; assurances that
voters have the opportunity to correct errors; and practical and
effective means for voters with disabilities to cast secret ballots.
Mr. Speaker, I am also aware that for some civil rights organizations
that this legislation does not go far enough to ensure every American's
right to vote and to have every vote counted. I sympathize with this
view, and would like to note that I am a co-sponsor of H.R. 1170, the
Equal Protection of Voting Rights Act, introduced by the ranking member
of the Judiciary Committee, Mr. Conyers. H.R. 1170 seeks to strengthen
federal Voting Rights Act protections for citizens pursuant to the
guidelines set down by the United States Supreme Court in Bush v. Gore.
In some respects H.R. 1170 goes farther to strengthen voting rights
protections than H.R. 3295, and I would therefore urge the Judiciary
Committee to mark up and report this legislation to the full House
during the second session of the 107th Congress.
However, Mr. Speaker, we cannot allow the perfect to be the enemy of
the good. The Help America Vote Act provides unprecedented federal
resources to the states to modernize and upgrade their voting systems.
The bill also requires states to adopt minimum election standards that
will ensure that every vote is counted.
There are other very important provisions in H.R. 3295 that I would
like to address.
For example, the bill strengthens existing civil rights protections.
The bill is the first legislation to be reported by a house Committee
that specifically requires state compliance ``with the existing
applicable requirements'' of the ADA in the administration of
elections. By expressly linking the ADA to elections, H.R. 3295 will
give courts solid legislative foundation to apply ADA protections to
the voting process. Moreover, one of the eligibility requirements for
election assistance funding under H.R. 3295 is that there be at least
one voting system available in each precinct or polling place that is
fully accessible to voters with disabilities. Furthermore, it must be
noted that the Help America Vote Act requires states
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to certify that they are in compliance with the ADA, the Voting Rights
Act, the Voting Accessibility for the Elderly and Handicapped Act, and
the National Voter Registration Act.
In addition, the legislation addresses the second-chance voting
requirement. The bill clearly prescribes that states must adopt an
election standards that assures that voters have the opportunity to
correct errors. Furthermore, H.R. 3295 requires jurisdictions that
currently have voting machines that can detect errors to use that
error-detection capability, and that all new voting machines purchased
must be capable of detecting errors so that voters may correct possible
errors.
The legislation also provides for voter education. Part of the $2.25
billion provided for states authorizes that states to ``educate voters
about their rights and responsibilities.''
In conclusion, Mr. Speaker, Congress and the states have a lot of
work to do before the next Presidential election in 2004. Voting is our
most basic right, and Congress must take a role to ensure that all
states have modern voting equipment that will count every vote
accurately and fairly. Anything less than that weakens our democracy. I
urge my colleagues to support H.R. 3295 as a critical first step in
strengthening our democratic process.
Mr. HOYER. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from Oregon (Ms. Hooley).
Ms. HOOLEY of Oregon. Mr. Speaker, first I would like to thank the
gentleman from Ohio (Mr. Ney) and the gentleman from Maryland (Mr.
Hoyer) and the committee for the terrific job they have done on a piece
of legislation that we need to pass.
I rise today to engage in a colloquy with my colleague from Maryland.
Millions of Americans now enjoy the convenience and security of
voting at home by absentee ballot or, in my State, through an all vote
by mail system. Is there anything in this bill that would define the
home as a polling place with the intention of stopping or curbing
absentee and at-home voting or, as we know it, vote by mail?
Mr. HOYER. Mr. Speaker, will the gentlewoman yield?
Ms. HOOLEY of Oregon. I yield to the gentleman from Maryland.
Mr. HOYER. I appreciate the gentlewoman's request for clarification.
I want to say emphatically, nothing in this bill defines anyone's home,
nor do we interpret in any way a home as being included as a polling
place with the intention of stopping or curbing absentee and at-home
voting.
In recognition of Oregon's all-mail voting law, the bill exempted
Oregon and other States with all-mail voting from the provisional
voting requirements applicable to polling places. So nothing in this
bill should be of concern to your State's all-mail voting process.
Ms. HOOLEY of Oregon. I thank the gentleman.
Mr. Speaker, I include the following letter for the Record:
State of Oregon,
State Capitol,
Salem, OR, December 3, 2001.
Hon. Darlene Hooley,
House of Representatives, Longworth Building, Washington, DC.
Dear Representative Hooley: It has come to my attention
that H.R. 3295, the Ney-Hoyer elections reform bill, may come
to a vote in the House as early as this week. I support this
legislation but I request your assistance in seeking
clarification on one section of the bill prior to a vote of
the House. Clarification of this section could be very
important in protecting Oregon's vote-by-mail system, which
as you know is supported by an overwhelming majority of
Oregonians.
Subtitle B--Voluntary Elections Standards, Section 221
(a)(1)(B), states that ``The Standards should provide that
voters have the opportunity to correct errors at the precinct
or other polling place, either within the voting equipment
itself or in the operational guidelines to administrators for
using the equipment, under conditions which assure privacy to
the voter.''
I believe we need a clarification or assurance from the
sponsors that they do not define the home as a polling place
in a vote-by-mail or absentee voting environment. If the
standard above were interpreted as applying to a home, it
would have the effect of banning Oregon's vote-by-mail system
for federal elections and absentee voting for federal
elections in all states that allow it. It is hard to believe
that the drafters intended to do such a thing, but a
clarification could clear up any potential questions.
Thank you for your assistance in this matter. If you have
any questions, contact Deputy Secretary of State Paddy
McGuire or me at 503-986-1523.
My Best,
Bill Bradbury,
Secretary of State.
Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentleman from North
Carolina (Mr. Price), one of our most distinguished members, a
professor of political science, the author of many books on politics,
who probably understands the election system as well as any of us.
(Mr. PRICE of North Carolina asked and was given permission to revise
and extend his remarks.)
Mr. PRICE of North Carolina. Mr. Speaker, I thank the gentleman for
his kind words, and I am proud to stand in support of this bill.
Mr. Speaker, last year's election revealed dangerous cracks in our
voting system. This was most obvious in Florida where a month-long
spectacle left Americans skeptical of the fairness and the legitimacy
of our election system. But the problems were not limited to Florida.
Studies have indicated that the votes of more than 6 million Americans
went uncounted during last year's election cycle. The American people
deserve better than that. They expect real election reform that ensures
that every single vote counts and is counted.
H.R. 3295 takes a significant step toward improving the integrity of
the election system and making certain that every vote will count. The
bill grants $2.25 billion to help States educate voters about their
rights; to improve equipment, ballots, and voter instruction; to
recruit and train poll workers, and to improve access for disabled
voters. The States would be required to implement basic standards for
fair and accurate voting. This would include a statewide voter
registration system linked to every jurisdiction, in-precinct
provisional voting for voters whose credentials are challenged, and
means for voters with disabilities to cast secret ballots.
H.R. 3295 also incorporates and builds on legislation I helped
author, the Voting Improvement Act, H.R. 775. In particular, it would
provide $400 million, up to $6,000 per precinct, to buy out unreliable
and outdated punch card machines, the type of equipment that has the
highest error rate.
Punch card machine use is widespread. Thirty-four percent of the
American people cast their votes on this kind of machinery, including
eight counties in my State of North Carolina. But a 12-year study done
by CalTech and MIT found the spoilage rate for punch cards was
unacceptably high, almost 3 percent nationwide. That means a million
votes have been lost since 1988 due to punch card machine error and
malfunction.
Mr. Speaker, now more than ever, we need to make certain that every
American can participate fully and with confidence in our democratic
form of government. We must ensure that every vote is counted. I urge
my colleagues to take a significant step toward achieving this goal by
joining me in support of H.R. 3295.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the distinguished
gentlewoman from New York (Mrs. Maloney) who has done as much for
counting every American as anybody in America and who has done as much
for overseas voters as anybody in America working with our colleague,
the gentleman from New York (Mr. Reynolds).
(Mrs. MALONEY of New York asked and was given permission to revise
and extend her remarks.)
Mrs. MALONEY of New York. Mr. Speaker, I thank the gentleman for his
kind words and his leadership and congratulate him and the gentleman
from Ohio (Mr. Ney) for bringing this important bill to the floor which
takes steps to correct the registration balloting and vote counting
problems that disenfranchised so many Americans last year.
I also want to thank my good friend from the great State of New York
(Mr. Reynolds) for being an important voice for the voting rights of
Americans living abroad. We introduced a bill together, the Uniformed
and Overseas Citizen Absentee Voting Reform Act and many of the
elements of this bill are incorporated in the underlying important
bill.
Though this legislation isn't perfect it's a positive step toward
preventing another presidential election fiasco. The bill includes
several improvements to the election process, including authorizing
funds to help states and counties replace outdated punch card voting
[[Page H9295]]
systems. In addition, the bill establishes a minimum standard for state
election systems to ensure that votes cast on all types of equipment
are counted.
I would like to take a moment to discuss my concerns about the
difficulty of Americans living abroad and participating in our election
process. Congressman Reynolds and I introduced H.R. 1997, the Uniformed
and Overseas Citizen Absentee Voting Reform Act of 2001. Though not all
of the provisions of that legislation are included in this bill, this
legislation does include many helpful provisions.
One would allow an absentee ballot application to apply to two
consecutive general federal elections. These applications can be
particularly difficult to obtain for overseas residents whose Board of
Election in the U.S. do not keep regular business hours.
Another provision requiring the collection and publication of
statistics on overseas voting by the states will fill a serious gap in
our overseas voting monitoring system. The legislation also contains
provisions to promote participation in voting assistance programs. They
include providing voting assistance officers on military installations,
and designating an office in each state, whose sole responsibility is
to provide information on voter registration procedures and an absentee
ballot application to any overseas citizen.
Passing the Help American Vote Act of 2001 would be a victory for the
Democratic process. I urge a ``yes'' vote.
Mr. NEY. Mr. Speaker, I yield 1 minute to the gentleman from Indiana
(Mr. Pence).
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)
Mr. PENCE. Mr. Speaker, I rise today in support of the Help America
Vote Act and would like to commend Chairman Ney and Ranking Member
Hoyer for their unyielding and bipartisan work on this important
legislation.
I also want to commend my colleagues who have taken to the floor
today to talk about an issue that many of us 12 months ago would have
found much more contentious than we have heard today. Long before there
were wars and long before threats of anthrax on this Hill, we found
ourselves locked as a Nation in a battle over the very integrity of the
electoral process in America. In a bipartisan way, Chairman Ney and
Ranking Member Hoyer and the members of the relevant committee have
come together and said, here is how we can come together to improve the
very integrity of the electoral system, leaving past controversies over
elections in the past, where they belong.
The Help America Vote Act will allow us to strengthen voter list
management, voting standards, overseas military votes and even
encourage the Nation's youth to participate more in our elections. And
without encroaching upon States' rights in elections, we will also
provide much needed resources for new machines.
I urge all of my colleagues to support this important bipartisan
measure and strengthen the American voting system.
Mr. HOYER. Mr. Speaker, it gives me a great deal of pleasure to yield
1\1/4\ minutes to the distinguished gentlewoman from Texas (Ms. Eddie
Bernice Johnson), chair of the Congressional Black Caucus.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, let me quickly
express my appreciation for the leadership of the gentleman from Ohio
(Mr. Ney) and the gentleman from Maryland (Mr. Hoyer). It has not been
an easy job for them, and I understand that because I have been in
touch this entire year. They have reached out and attempted to address
what we consider a very fundamental right in any democracy, and most
especially this one.
Winning and losing is all a part of a democracy. All of us can accept
that, as long as we know that we can look upon this board and count the
numbers correctly and get the results. The least we ask is for when
people vote, that their votes be counted. We must make sure that their
votes can be counted with the machinery that is needed.
I can appreciate the positive points in this bill of assisting those
States who need assistance to implement this bill. I am hoping that as
this bill moves along that it will be corrected and improved with more
collaboration with the Senate side in conference. I do feel, however,
that this is a step in the right direction.
Mr. HOYER. Mr. Speaker, I am pleased to yield 30 seconds to the
distinguished gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, let me thank the gentleman
from Ohio (Mr. Ney) and the gentleman from Maryland (Mr. Hoyer). After
the Florida election debacle, we deserve a response. I would only say
that this is a step in the right direction. The gentleman from Maryland
knows that I would have voted against the rule and I am supporting the
motion to recommit to address the disabilities issues and a lot of the
civil rights issues, not specifically addressed in the Election Reform
bill. I believe that this Congress must have a bill that can be signed
by the President that includes the Conyers and Dodd legislative
provision on Election Reform. But I do believe we have made the right
decision to address the need for Election Reform by debating this
legislation today.
Let me close by saying no matter what we do in election reform, we
have to make sure we have a national holiday. I hope we will address
H.R. 934 that provides us a national holiday that is different from
Veterans Day to ensure that we all can vote, but we must move forward
so that we can answer the questions raised by of the American people by
confirming that every single vote must count.
Mr. Speaker, last week the House Judiciary Committee held a hearing
on H.R. 3295, the ``Help America Vote Act of 2001'' and addressed one
of the most important issues in America today: electoral reform.
I was pleased that the Judiciary Committee continued to address this
serious issue, so that we can finally remedy the systemic
disenfranchisement of voters evinced most dramatically and tragically
by the 2000 presidential election.
The need for comprehensive electoral reform legislation is great.
According to a report issued by Caltech and MIT, as many as 6 million
Americans were denied their fundamental right to vote and to have their
votes counted. More recently, in last month's Houston Mayoral runoff in
Harris County, Texas, which I represent, a computer problem cut off
access to the county's voter registration data base. As a result,
voters were either turned away from the polls or were told by election
officials that they could only vote if they had voter registration
cards. Many could not vote at all.
The legislation before us today, H.R. 3295, is one of numerous
efforts to reform a system which clearly needs fixing. As the Chair of
the Congressional Election Reform Caucus, I applaud such efforts and
would like to thank Congressman Ney and Hoyer for their efforts.
However, I am concerned with several problematic provisions in the bill
which have the potential for the bill to fall short of the kind of
comprehensive legislation that would ensure that every American's vote
is cast and counted, particularly the aspect of the legislation that
makes these standards voluntary and not mandatory.
I am particularly offended by the decision of the Rules Committee to
preclude amendments to this legislation which would remedy several
provisions that need correcting. For example, under Congressman
Menendez's proposed amendment, provisional voting which would help
eliminate voting disparity, would have been included in the bill.
Similarly, an amendment by Congressman Danny K. Davis would have
addressed the very serious problems of voter intimidation and fraud.
Unfortunately, because of the closed rule, productive provisions like
these will not appear in this bill.
Opponents of this bill in its current state make a compelling
argument that it may actually reverse voting protections as provided
under current law. First and foremost, the bill lacks standards
requiring accessibility to voting for language minorities, disabled
voters, and the elderly. Additionally, the bill lacks standards for
voting rights education and for educating voters as to where and how to
vote. Moreover, the minimum standards included in the bill are
generally unenforceable because actions can only be taken against a
state for failing to meet ``standards'' if the newly created federal
agency receives credible information that the state has submitted false
information. As such, the new agency would have no authority to gather
information from the states.
Other problematic provisions are numerous. For example, the bill
fails to ensure that Americans are allowed to cast important
provisional ballots where their eligibility is questioned at the polls.
The bill fails to ensure, regardless of race or ethnicity, that the
voters have access to voting machines that perform accurately. The bill
also deviates from current federal law by allowing for voter names to
be ``purged'' from the voting rolls, and fails to provide protections
ensured by computerized statewide voter registration lists. Finally,
the bill fails to ensure that voters with disabilities are adequately
assured of their voting rights, and fails
[[Page H9296]]
to ensure that all voters have access to machines that are easily and
universally operable.
Alternatively, I believe that we should strongly consider the recent
bi-partisan efforts of Senators Dodd and Daschle, and Representatives
Conyers and Morella in their recent introduction of S. 565/H.R. 1170,
the ``Equal Protection of Voting Rights Act''. This bill would provide
greatly needed grants to states and localities for federal election
administration systems that are part of state plans developed by the
Governors and approved by the U.S. Attorney General. The requirements
in the above legislature, S. 565/H.R. 1170 are mandatory. I am an
original co-sponsor of that legislation.
Under H.R. 1170, states would have to include uniform national
standards for accessibility, nondiscriminatory standards addressing
election technology, provisional voting and sample ballots, and would
be mandated to provide funds for voter education and worker training
programs. Additionally, a truly bipartisan Commission on Voting Rights
and Procedures would be created, consisting of 12 members; 6 appointed
by the President, 3 appointed by Senate Minority Leader, and 3
appointed by House Minority Leader. The Commission would examine
issues, develop ``best practices'' and issue a report within one year.
The report would include consideration of the best ways for the
federal government to permanently assist state and local governments.
H.R. 1170 is an important effort on behalf of America's right to vote
deserving of all of our support.
Additionally, I would like to raise several key issues not addressed
in either bill which are deserving of our attention. First, beyond the
egregious voting irregularities already noted, millions of Americans
were denied their fundamental right to vote simply because they were
unable to vote due to prior work commitments. This is the phenomenon of
voting disparity present in most elections in America between those who
can afford to take time off work to vote and those who cannot. In fact,
this perpetual disparity threatens the very fabric of our
representational democracy.
In August, 2001 the non-partisan National Commission on Federal
Election Reform, also known as the ``Ford-Carter Commission'' attempted
to remedy this problem when it issued its policy recommendations with
respect to electoral reform. Its premature recommendation for an
Election Day holiday was as follows: ``in evenly numbered years the
Veterans Day national holiday be held on the Tuesday next after the
first Monday in November also serve as our Election Day.''
I take exception with this recommendation because it is precisely
because of the sacrifices made by our Nation's Veterans for our
freedom, our flag, and the American people that we are today able to
vote. Their sacrifice, particularly in light of the September 11
attacks and the ongoing war on terror, reminds us that we cannot take
our freedoms and democracy for granted. As such, this important day
should be preserved and honored at all costs. That's why, on March 7,
2001 I introduced H.R. 934 which ensures that the fundamental right to
vote is guaranteed to every citizen of the United States without
interference with Veterans Day. H.R. 934 establishes Presidential
Election Day on the Tuesday next after the first Monday in November in
2004 and each fourth year thereafter, as a legal public holiday so that
all Americans can vote irrespective of their economic status.
Importantly, it also recognizes the sacrifices of Veterans and the
sanctity of Veterans Day by ensuring that Election Day never falls on
Veterans Day.
I feel strongly that these issues should be noted in any discussion
related to electoral reform.
While I thank the sponsors of H.R. 3295 for their efforts to reform
our badly corrupted election system, the bill is lacking in several key
areas, where other bills do not. The many areas for improvement in this
bill should be addressed.
Mr. HOYER. Mr. Speaker, it gives me a great deal of pleasure to yield
1 minute to one of my very good friends in this House, the gentlewoman
from Florida (Mrs. Meek), who represents so ably South Florida, a
former member of the State Senate.
Mrs. MEEK of Florida. Mr. Speaker, I thank the gentleman from
Maryland (Mr. Hoyer) and the gentleman from Ohio (Mr. Ney) for giving
me this opportunity. It took me a very long time to get here. My father
and my mother could not have stood here and expressed themselves as I
am going to do today. I am thankful for that opportunity. It could be
better, but we are at the point now to make it as good as we can.
Some good writer said a long time ago that perfect should not be the
enemy of the good. I repeat it. Perfect should not be the enemy of the
good. This bill is not a perfect bill, but it is a very perfect step.
Many of the things that we have wished for and as I stood with my poor
colleagues and poor constituents in Florida on Election Day, had you
been there with me, you would have been happy today to come here and
say ``yes'' on this bill, because you will have told this country you
have helped America understand that even though how lowly or where they
come from or what their nationality is, that this Congress would one
day address this, even if by minimal standards only.
I want to thank again the gentleman from Maryland and the gentleman
from Ohio for this bill.
Mr. HOYER. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Davis), one of the members of the Committee on House
Administration who, as a freshman, was the Democratic leader with the
Republican leader that worked together on election reform. He has been
one of the most tenacious and effective advocates of meaningful
election reform.
Mr. DAVIS of Florida. Mr. Speaker, at stake on Election Day was not
just the selection of Al Gore or George W. Bush as President of the
United States. What was at stake was the legitimacy of the process by
which we made that choice. The bitter truth is that in Florida, my home
State, the margin of error exceeded the margin of victory. Our fragile
and somewhat faulty election system collapsed under the weight of the
most closely contested presidential election in my lifetime.
The ultimate tragedy was that one year ago today when the Supreme
Court effectively ended the recount, many Americans who voted on the
losing side of that race had lost confidence in the legitimacy of the
process. My State, Florida, as well as many other States, has been
through as much soul searching on this problem and how to avoid
repeating it than probably any State in the country. We came to some
clear conclusions that were adopted in a State law that was enacted in
Florida earlier this year. The crux of that solution, which is
addressed in this bill today, is to replace the punch card machine with
a technology that allows the voter the opportunity to verify that his
or her vote is both complete and accurate.
This bill authorizes $400 million to Florida and States across the
country to make that change. At a time in which the economy is dipping
and State and local revenue is at a shortage, it is more important than
ever that we adopt this bill and appropriate the entire $2.65 billion
not just to replace the punch card machine but to educate voters, to
train and recruit poll workers so that what happened in Florida will
never happen again throughout the entire country. And when we have the
next election for President or any election, regardless of how people
vote, they will have confidence in the legitimacy of the process by
which we as a democracy select our leaders.
Mr. HOYER. Mr. Speaker, I yield 30 seconds to the gentleman from
Virginia (Mr. Moran).
{time} 1445
Mr. MORAN of Virginia. Mr. Speaker, the greatest democracy in the
world deserves the best and most equitable electoral system. This bill
will restore voter turnout and, most importantly, voter confidence.
What happened a year ago was neither fair nor right. It was not fair to
either of the candidates. This will ensure that we have fair, equitable
elections; and I strongly urge unanimous support for this bill.
This legislation will ensure that all votes cast in elections count.
It will assure that all states must meet minimum voting standards. It
will also establish a new federal agency, the Elections Assistance
Commission, to develop standards for voter registration, voter
assistance programs for those citizens who serve in the military or
live abroad, and vote counting.
The Ney-Hoyer bill also mandates that those jurisdictions that are
receiving funds under the punch card replacement program, must consider
the use of new technology by citizens with physical disabilities such
as blindness.
Let us send a message to the American people, to our students and
newly naturalized citizens eager to vote for the first time. Let that
message be that we will build the best, most equitable electoral system
possible.
This legislation is our best chance of increasing voter turnout and
voter confidence in our electoral system.
[[Page H9297]]
I urge my colleagues today to vote for fair, democratic elections, by
voting for the Help America Vote Act of 2001.
Mr. HOYER. Mr. Chairman, I yield myself 40 seconds to enter into a
colloquy with the gentleman from Ohio (Mr. Ney).
Mr. Speaker, I have heard from some individuals who are concerned, as
I am, that the section in this bill that clarifies the National Voter
Registration Act, section 902(a), does not make reference to subsection
(e) of 1973gg-6 of that act.
Is it the gentleman's understanding that this subsection (e) will
remain in full force and effect with the passage of this bill?
Mr. NEY. Mr. Speaker, will the gentleman yield?
Mr. HOYER. I yield to the gentleman from Ohio.
Mr. NEY. To answer the question, Mr. Speaker, and to my distinguished
colleague, yes. As the bill says in section 903, nothing in this bill
shall supercede, restrict or limit the application of NVRA. Of course,
subsection (e) remains in the law in full force and effect exactly as
it is now, and this bill would not change that.
Mr. HOYER. Mr. Speaker, reclaiming my time, I thank the gentleman. I
would say to my colleagues that I am very concerned about provisional
voting. It needs to be real. That is why I took such care to make sure
that the National Voter Registration Act, known as motor voter, was not
adversely affected in any way. I appreciate the chairman's assertion.
Mr. Speaker, I am pleased to yield 30 seconds to my friend, the
gentleman from New York (Mr. Boehlert), I might say at the request of
my distinguished chairman. I am pleased to accede to his request.
Mr. BOEHLERT. Mr. Speaker, the gentleman is getting much too
conservative in his advanced years.
Mr. Speaker, I am especially pleased that the bill includes
provisions of H.R. 2275, our Committee on Science's bill to reform
voting technology standards. Standards are technical and arcane and
obscure and sometimes even boring, but they can make the difference
between having voting equipment that correctly tallies the public's
votes and sowing confusion and chaos.
Our bill gives the lead role in developing standards to the National
Institute of Standards and Technology, which is a premier Federal lab
with unparalleled expertise in standards. We ensure that the best
technical minds in the country will work with Federal, State and local
officials on developing standards and on certifying the labs that will
determine whether the standards are met.
The SPEAKER pro tempore (Mr. LaHood). Both sides have 2\1/4\ minutes
remaining. The gentleman from Ohio (Mr. Ney) has the right to close.
Mr. HOYER. Mr. Speaker, I yield such time as he may consume to the
gentleman from Illinois (Mr. Jackson).
(Mr. JACKSON of Illinois asked and was given permission to revise and
extend his remarks.)
Mr. JACKSON of Illinois. Mr. Speaker, I rise in strong opposition to
H.R. 3295. As it is currently drafted, the Help America Vote Act of
2001 plainly fails to address the grave problems so many Americans
faced in the 2000 elections and continued to face this year.
In our democracy, we must apply a gold standard when it comes to
creating a fair, effective, and efficient electoral system. Americans
citizens have fought, bled and died to protect all citizens from
discrimination in their ability to vote. Therefore, the bloodied nose
of the Rev. C.T. Vivian, and the use of fire hoses and the jailing of
children to prevent some Americans from voting, must not be forgotten.
The deaths of Schwerner, Goodman and Cheney must not be in vain. The
struggle and advances in the 1965 Voting Rights Act and its extension
and expansions in 1970, 1975, and 1982 must not be undercut. The Motor
Voter Act must not be made less effective.
Congress needs to ensure that when it passes election reform
legislation it truly solves the problems that voters throughout our
nation encounter as they cast their ballots. Comprehensive electoral
reform must move us forward with minimum mandatory standards that
ensure uniformity and nondiscrimination. Under these standards all
voters must have effective machinery that allows them to cast the vote
they intend and to correct their ballot if they make a mistake.
Comprehensive electoral reform must guarantee that legally registered
voters are not erroneously purged from registration rolls, that voters
are notified of and given the opportunity to cast provisional ballots,
and finally, it must require that voters are informed of their rights
under state and federal law. The one bill that goes the distance and
addresses these problems head on is the Equal Protection of Voting
Rights Act of 2001, introduced by Senator Christopher Dodd and
Congressman John Conyers.
A simple examination of the details of the Help America Vote Act
makes clear that there are serious problems that prevent it from
bringing about true election reform and which actually take steps
backward.
H.R. 3295 has inadequate minimum standards for machinery. It does not
ensure that voting systems, even those newly purchased with federal
monies, will be accessible, give the voter notice of overvotes and
undervotes and the opportunity to correct their ballot before it is
cast, and will meet a national error rate standard. Comprehensive
electoral reform must provide these minimum requirements for all voting
machines if it is to correct the problems that voters all over our
nation faced on election day 2000 and 2001.
H.R. 3295 creates a loophole that allows states to opt out of
provisional balloting. Provisional balloting is critical to ensure that
registered voters have the ability to cast provisional ballots when
there is confusion over issues of registration, identification or
voting rights at the polling place. H.R. 3295 allows states to adopt
``an alternative'' to provisional balloting which in practice will
undermine the access to and uniformity of provisional ballots.
Furthermore, H.R. 3295 does nothing to guarantee that voters are aware
of their right to cast a provisional ballot. More often than not,
election officials do not provide adequate notification to voters that
they can cast a provisional ballot. Therefore, for a provisional ballot
measure to be meaningful and be a true safeguard, as it is intended to
be, it must require that election officials notify voters that they can
receive a provisional ballot and also notify the voter of the final
result. Problems with registration cannot be remedied unless voters
know whether their ballot is counted.
H.R. 3295 rolls back existing federal law that protects people from
being purged if they have not voted. Two provisions in H.R. 3295 take a
significant step backward to undermine the protections provided to
voters against purging for erroneous information. These provisions turn
the National Voter Registration Act of 1993 (the ``NVRA'') on its head
by allowing state officials to remove individuals from registration
lists because they have not voted in two successive federal elections
and then don't respond to a notice. Current federal law does not allow
voters to be purged from the rolls for not voting. However, the
language of H.R. 3295 appears to allow such a practice and specifically
amends a section of the National Voter Registration Act to change
language which prevents voters from being purged for not voting. (See
H.R. 3295, Section 502(2)(a) and Section 902(a)). Under these
provisions, voters will be disenfranchised because the result of the
purge is that they are not properly registered and, thus, cannot then
have the safeguard of a provisional ballot to vote.
Additionally, H.R. 3295, as it is currently drafted, also eliminates
the ``fail safe'' provision of the NVRA which allows voters to correct
erroneous information that caused the purge and then confirm their
address in writing so that they can cast their ballot at the polling
place. (42 U.S.C. Sec. 1973gg-6(g)). Without this provision voters can
be removed from the polls with no opportunity to correct inaccurate
information and will also not be able to cast an effective provisional
ballot because the erroneous registration information drops them from
the registration list so election officials will be unable to count the
provisional ballot.
Finally, H.R. 3295 does not require full compliance with federal
voting rights laws and offers no check on states to make sure they are
in compliance. It is essential to election reform that as states
contemplate how they will spend federal money there is a means to
ensure that they are currently in compliance with existing federal
voting rights laws. H.R. 3295 offers no such provision. This bill by
simply allowing states to self certify their compliance, and only in
area of ``administering election systems'' (which narrows where states
need to be in compliance), offers no real protection for taxpayers as
states spend millions of federal dollars without having to be in
compliance with federal law. True election reform must have in place a
mechanism that requires the Attorney General to check for compliance
prior to releasing funds for electoral reform.
These provisions make clear, and other elements of the legislation
confirm, that H.R. 3295, cannot meet the concerns and problems that
voters continue to face at polling places around the country. Going
part of the way, as H.R. 3295 would have us do, and turning back the
clock on important current voting rights laws, is not an acceptable
legislative compromise, but a compromise of principle of the right to
vote. True election reform must safeguard existing law and then move to
solve the problems
[[Page H9298]]
I urge members to vote ``no.''
Mr. HOYER. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, we have come to a time after 11\1/2\ months of work on a
bill which, although there is still controversy attached to it, has
created, I think, great consensus. That consensus has been articulated
on this floor, and that consensus is a conviction that every American
ought to be assured the right to vote, full access to the polls and
education so they know what they are voting for or against, and
assistance in making sure that their vote is accurately cast.
In addition, we dedicate resources to ensure that the technology,
once that citizen has voted, to make sure that that citizen's vote is
correctly counted. As has been said on both sides of the aisle, it is
central to democracy that that happen.
The former Governor of Delaware, one of our most respected
colleagues, the gentleman from Delaware (Mr. Castle), said it best,
that when on election day we vote and Americans go to the polls, both
Presidents and paupers go to the polling place, and each will have his
or her vote counted, and it will count equally.
That is the majesty of America; that is the general use of our
democracy. That is central to our philosophy, and it must be our
continuing commitment. For when one American's vote is not counted,
when one American is prohibited by whatever means from coming to the
polls, from casting their ballot, from participating in democracy, we
lessen that democracy, and we lessen the promise of our Founding
Fathers.
The gentlewoman from Florida (Ms. Brown) said it best I think on this
floor: ``This bill perhaps is not perfect, but it is,'' as she said,
``a perfect beginning.''
Mr. Speaker, I urge all of my colleagues to vote for the Help America
Vote Act.
Mr. NEY. Mr. Speaker, I yield 1 minute to the gentleman from Illinois
(Mr. Kirk).
(Mr. KIRK asked and was given permission to revise and extend his
remarks.)
Mr. KIRK. Mr. Speaker, I would like to thank the gentleman from Ohio
(Chairman Ney), the gentleman from California (Chairman Thomas), the
gentleman from Maryland (Mr. Hoyer), the gentleman from Rhode Island
(Mr. Langevin), and the gentleman from New York (Mr. Reynolds) for
their support for my language which will allow polling places near
military families.
This language clarifies an arcane statute that outlaws ``military
presence at voting facilities.'' It allowed the Department of Defense
to vastly overreach their legislative authority in 1999 to ban polling
on military bases. Nothing damages the military franchise more than
this action.
The U.S. Code that our language amends was enacted in 1865 in
response to irregularities during the 1863 elections. At that time it
was an appropriate response. However, the 1999 DOD interpretation made
voting for our men and women in uniform very difficult. When the DOD
issued the directive to base commanders banning voting, it forced
existing polling places to be closed; and according to CRS in an April
2000 survey, at least 20 States had to close polling places that were
vulnerable. Some of these places had been voting for over 15 years.
It is time to return control of voting to local officials. I applaud
the gentleman for putting this in and assuring that our military
franchise is upheld.
Mr. NEY. Mr. Speaker, I yield 25 seconds to the gentleman from
California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I thank the gentleman for yielding me
time.
Mr. Speaker, both sides had problems with the election. I think the
number one thing that upset me was the dispatchment of hundreds of
lawyers trying to disenfranchise our military from voting based on
technicalities. I am also glad that this bill allows our military to
vote on bases, because many of those young men and women cannot get off
base for transportation. I want to thank both Members for this.
I would also like to thank the gentleman from Ohio (Mr. Ney) for
during the anthrax scare on the Committee on House Administration, for
his team working diligently with the gentleman from Maryland (Mr.
Hoyer) in correcting that.
Mr. NEY. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, in conclusion, let me just say that our patriots who
founded this country and the veterans have over the years sacrificed
for the greatest democracy, which we are humble to be a part of.
Langston Hughes, the great American poet, said, ``Dream your dreams;
be willing to pay the sacrifice to make them come true.''
Many people have sacrificed to have our democracy so we can have our
debate. What we are doing today is coming together to keep that dream
alive, to keep it moving, and to help America vote.
I urge support of the bill.
Mr. HOYER. Mr. Speaker, I submit for the Record a clarification
concerning Section 502(7) on line 16 of H.R. 3295, Union Calendar 201,
regarding the term ``error.'' In using the term ``error'', the
Committee on House Administration referred to the findings of the
National Commission on Federal Election Reform, also known as the
``Ford-Carter Commission.''
The Commission's definition of ``error'' is set forth in the
accompanying letter from Philip Zelikow, executive director of the
National Commission on Federal Election Reform, to me and dated
November 16, 2001. It responds to a letter sent by me dated November
14, 2001. In complying with the Minimum Standard, the Committee on
House Administration expects states and jurisdictions to buy voting
machines that detect errors of the kind described in the letter,
commonly referred to as ``overvotes,'' ``undervotes,'' and ``residual
votes.''
The two letters follow:
House of Representatives,
Committee on House Administration,
Washington, DC, November 14, 2001.
Mr. Philip D. Zelikow,
Executive Director, The National Commission on Election
Reform, Charlottesville, VA.
Dear Director Zelikow: In an effort to craft Federal policy
addressing electoral reform recommendations contained in the
Commission's report, the Commission's use of the word
``error'' has sparked much attention and debate. I would very
much appreciate a response containing a definition of what
the Commission contemplated in using the word ``error'' in
the context of the Ford--Carter Commission report. I will use
your letter to establish the legislative record regarding
electoral reform legislation.
With kindest regards, I am
Sincerely yours,
Steny H. Hoyer.
____
The National Commission
On Federal Election Reform
November 16, 2001.
Congressman Steny Hoyer,
House of Representatives, Longworth Office Building,
Washington, DC.
Dear Congressman Hoyer: Thank you for your letter of
November 14. You asked how the Commission defined voter error
in the context of the Commission's report.
In its discussions the Commission viewed voter error as
occurring when a voter casts a ballot for a candidate whom
the voter had not meant to choose, or when a voter
unknowingly invalidates a ballot, or when a voter
inadvertently fails to register a choice while having wanted
to make one. Voters being human, not all voter errors can
reliably be detected or avoided. Voter error also presents
itself in many ways, depending on the voting systems and
administrative practices in different jurisdictions. But the
Commission did find that there are ways to reduce the
likelihood of error. These include voter education, better
equipment, improved software and ballot design, and more
uniform and objective definitions of that actions will and
will not be counted as a vote for each category of machine.
All of these subjects are addressed in your current bill,
H.R. 3295.
Please contact me if I can be of any further assistance.
Sincerely,
Philip Zelikow,
Eecutive Director.
Mr. HOEFFEL. Mr. Speaker, I rise in support of H.R. 3295, the Help
America Vote Act of 2001.
The 2000 presidential election demonstrated the need for reform of
the nation's electoral system.
There is no doubt that tens of thousands of voters were
disenfranchised in the election. It is quite probable that similar
numbers have been disenfranchised in other elections, but the closeness
of the 2000 presidential election highlighted the problem like no
other.
A nation that can launch a craft to a space station hundreds of miles
above the earth, should be able to count every ballot accurately.
I believe the federal government must take a leading role in this
effort by establishing minimum voting standards and providing funding
to modernize voting systems. When you introduce technology into an
election, it leaves
[[Page H9299]]
room for error. My Congressional district is a clear example of this.
Prior to my election to Congress in 1998, I served for seven years as
a County Commissioner in Montgomery County, Pennsylvania, a County of
over 700,000 people. During my tenure, I supervised the replacement of
the old, mechanical voting machines in Montgomery County with those
using the more modern advanced touch screen technology that are widely
recognized as the most reliable voting machines in terms of accuracy of
vote tabulation.
A Congressional study of the rates of uncounted votes in 40
congressional districts nationwide found that voters in Montgomery
County were less likely to have their votes discarded than voters in
most of the other districts surveyed. These results are directly
attributable to the modern voting machines used in Montgomery County.
This bipartisan legislation before us today is not perfect; no bill
is. However, H.R. 3295 is a good starting point to ensure that every
vote is counted.
This legislation authorizes a total of $2.65 billion for federal
election reform.
The Help America Vote Act provides states that use punch card voting
systems with funding to replace these outdated and unreliable machines.
Punch card machines produced the controversial ``hanging chads'' which
illustrate how flawed our system of electing Presidents can be.
H.R. 3295 also requires states to adopt minimum election standards,
including a statewide voter registration system, in-precinct
provisional voting, assurances that voters who make errors will be able
to correct them, and means for disabled voters to cast secret ballots
on new voting equipment.
Mr. Speaker, I urge passage of the important legislation.
Ms. SCHAKOWSKY. Mr. Speaker, one year ago today the Supreme Court, by
a vote of 5-4, determined the outcome of the 2000 Presidential
election. Today, the U.S. House of Representatives, by considering the
Help America Vote Act, is taking a measured step forward to ensure that
future elections will be decided in the polling place instead of the
courthouse.
During the 2000 election, six million votes were not counted and
voters were turned away at the polls, harassed, or intimidated. The
American people expected that, by now, Congress would have taken action
on election reform so that history would not repeat itself. But until
today, we have not.
I traveled the country with my colleagues, including Representative
Maxine Waters, Chairperson of the Democratic Caucus Special Committee
on election Reform, and met with disenfranchised voters, who demanded
that the federal government repair the deficiencies of the last
election. And we should have delivered on that demand months ago by
passing the Equal Protection of Voting Rights Act of 2001, a
comprehensive reform bill introduced by Representative John Conyers.
That legislation, which is endorsed by civil rights, labor, disability
and voter rights organizations, is the benchmark for true reform. It
thoughtfully addresses concerns raised during last year's election,
including voter records, accessibility, and equal opportunity at the
voting place.
Now, with less than a year before the next general election, Congress
is running out of time. The Equal Protection of Voting Rights Act is
not scheduled for consideration by the House, and what is before us is
the Help America Vote Act of 2001. By passing this bill, we are moving
the legislative train out of the station. While the Help America Vote
Act contains provisions I strongly support, including funds to help
states improve some aspects of their election systems and to involve
younger voters in the process, I believe this bill contains flaws that
must be addressed.
I am concerned that the Help America Vote Act is broad and ambiguous
and does not give clear direction to states, particularly in regards to
provisional voting. I will work to strengthen that section of the bill.
In addition, I strongly believe that Congress must set federal minimum
standards to ensure that no eligible voter is denied the right to vote.
However, the standards in the Help America Vote Act do not go far
enough to ensure that all voters with disabilities have access to the
polls and to guarantee that all machines notify voters of undervotes
and overvotes. Furthermore, the legislation does not require states to
provide adequate voting machinery to poor and minority districts.
This legislation is not the final answer to our election woes. As a
matter of fact, far from it. However, this bill puts Congress squarely
on record as supporting a measure of election reform. I commend the
Democratic author of the bill, Representative Steny Hoyer, for his
dedication, and I pledge to work with him and my colleagues, including
civil rights and election reform leaders Maxine Waters and John
Conyers, to ensure that the final product truly addresses the serious
flaws that resulted in last year's election fiasco. Every American is
entitled the right to vote and the right to have his or her vote
counted.
Mr. FORBES. Mr. Speaker, as a cosponsor of the Help America Vote Act,
I rise in strong support of this landmark bipartisan legislation.
My home state of Virginia was one of the few states to hold an
election this year. Thankfully, there appear to have been no major
problems revealed in the administration of that election. But, the
memories of the 2000 election are still fresh in the American mind and
it is clear that we as a society must address the flaws that were
revealed in that election cycle.
The Help America Vote Act is a fair and reasonable compromise on an
issue that is still being hotly debated and considered in states across
the nation. It provides $400 million in federal funds for a buy-out of
the infamous punch card ballot machines. Great and honest minds can
disagree about whether these machines have a substantially higher rate
of error than other systems. But, one thing is absolutely clear: The
American people have no faith in punch card ballots. There are strong
alternatives available, and this federal funding will enable
communities large and small to afford those alternatives.
The bill also provides a mechanism for getting more people involved
in the civics of elections. We all agree that voting is an important
civic duty. But, our responsibility as citizens does not end there.
Voting only works when good people step forward and participate as
electoral officers at polling places. These are the non-partisan
assistants who give up a full day of work or personal time to make the
process work. Unfortunately, the number of people who are participating
in this way is waning. The Help America Vote Program and Help America
Vote Foundation established by this legislation will go far to bring
more people into this process.
I am also very pleased, Mr. Speaker, that this bill includes
provisions of the voting standards legislation produced be the House
Science Committee, of which I am a member, earlier this year. Debates
about standards are arcane and technical, but they are vitally
important to ensuring that the procedures we put in place work.
I am proud to be a cosponsor of this legislation, and I urge my
colleagues to support it toady on the floor.
Mr. GILMAN. Mr. Speaker, I rise in strong support of H.R. 3295, the
Help America Vote Act of 2001, which will effectively implement long-
needed minimum election standards throughout our Nation. The flaws
within our current system became widely evident during the 2000
Presidential election season. I had the opportunity in November of 2000
to serve along with some of my congressional colleagues as an observer
during the Florida recounts. During that process, I observed first hand
the problems of utilizing the antiquated punch card ballot.
Accordingly, following that election I joined my colleagues in
calling for a broad and practical revision of the system. I commend my
colleagues, the gentleman from Ohio Mr. Ney and the gentleman from
Maryland Mr. Hoyer in crafting a bi-partisan bill that addresses those
concerns.
H.R. 3295 will provide individual States with the means to replace
antiquated voting machines with newer, and more modern voting
technology. Moreover, this legislation establishes a nonpartisan
election assistant commission which will oversee the Nation's federal
election process and ensure that minimum standards are being followed
in federal elections. The commission will also implement a reporting
procedure to ensure that individual States satisfactorily provide
information to members of the armed services concerning absentee
registration and voting in the state.
Also notable in H.R. 3295 is the ``Help America Vote College
Program'' which encourages university students to take a more active
role in our Nation's democratic election process by serving as
nonpartisan poll workers or assistants. In promoting active and
participatory public service by our Nation's young adults, our Nation's
democratic tradition will be strengthened.
I thank my colleagues Mr. Ney and Mr. Hoyer for introducing this
timely and important legislation. It is high time we implement real
reform in our Nation's election system. I am pleased to be an original
co-sponsor of this bill and I urge my colleagues to support this
measure.
Ms. HARMAN. Mr. Speaker, I rise in strong support of HR 3295, the
``Help America Vote Act,'' introduced by my colleagues, Bob Ney and
Steny Hoyer. The bill before us is an important step in reforming our
electoral process and rebuilding public confidence.
We are well aware that our administration of elections was tested by
last year's presidential election contest. The American political
system proved resilient, but not before putting many aspects of the
election process under a microscope. That microscope revealed many
problems, beginning with ballot design, voting machines, and the rules
by which registration
[[Page H9300]]
lists are respected and ballots counted. Most importantly, those
problems were not isolated in one or just a few states.
The election fiasco did have the benefit of returning to the
legislative agenda the issue of election reform. Beginning with the
National Commission on Federal Election Reform and culminating in this
bill, the cause of reform has taken significant strides since last
November. We must continue that momentum.
Like the main sponsors of the bill, I believe we need to enact a bill
that improves the balloting process before the 2002 elections. If we
stake out the perfect positions--however principled--we could well face
the same kind of delays and difficulties that prevented for months
enactment of a much-needed aviation security bill. Election reform is
needed and we must use the sense of urgency to achieve results, and
achieve them quickly.
Importantly, the bill before us starts with the premise echoed in the
Article I, Section 4 of the Constitution that ``the times, places and
manner of holding elections . . . shall be prescribed in each State.''
This admonition is balanced against language in the same Section of
the Constitution simultaneously giving Congress the discretion to alter
such regulations. And, in fact, the exercise of that Congressional
authority has been critical to protecting our citizens' right to vote
and ensuring the basic fairness and integrity of the election process.
H.R. 3295 is part of that historic legacy.
For my own State of California and County of Los Angeles, passage of
the bill is critically important. Several months ago, California
Secretary of State Bill Jones decertified every one of Los Angeles
County's punch card machines. This means that Los Angeles County, the
largest election jurisdiction in the United States with over 4 million
registered voters, must purchase and install tens of thousands of new
machines under an incredible time constraint. Conny McCormack, the
Country Registrar-Recorder, estimates that replacing the machines will
cost more than $100 million--an impossible financial burden without
federal assistance.
H.R. 3295 provides that assistance--more than $2.6 billion to improve
election systems through poll worker training, access for disabled, and
removal of punch card ballot machines. In doing so, the bill strikes
the right balance in setting out the federal government's role in this
partnership by requiring every state to be in compliance with minimum
standards.
These minimum standards will ensure that voter registration rolls be
accurate and complete, making them less vulnerable to fraud and
incorrect removal of eligible voters. The minimum standards will also
allow for inprecinct provisional ballots, so that a voter who believes
he or she has been wrongfully removed from the voter rolls will have
the opportunity to immediately cast a ballot and have their eligibility
determined later. The standards required by the Act will assist both
military and overseas voters as well as voters with disabilities.
Furthermore, the Act leaves every one of the existing, landmark voting
rights laws intact and strengthens compliance.
Mr. Speaker, as a mother, I am well aware that perfection is not an
option. The bill is endorsed by an impressive list of individuals,
including California's Secretary of State, Bill Jones, who said the
``measure makes a critical investment in the foundation of our
Republic.'' It is also supported by the co-chairs of the National
Commission on Election Reform--Presidents Carter and Ford, Bob Michel
and Lloyd Carter--who said in a recent Washington Post op-ed, that the
commission's ``most important recommendations are fully adopted in
(H.R. 3295).''
I urge prompt passage of H.R. 3295.
Mr. COSTELLO. Mr. Speaker, I rise today in support of H.R. 3295. The
2000 Presidential election was a source of great controversy and
diminishing confidence in our electoral system. Voters have a broad
range of concerns resulting from the 2000 election, including outdated
voting machines and procedures, potentially confusing ballots,
allegations of ballot tampering and biased reporting,
disenfranchisement, and the use of unethical practices to garner votes.
Above all, the 2000 election made clear to all Americans that the
election process in many parts of this country must be reformed.
I believe this legislation is a good start at correcting the flaws in
our electoral system. This legislation authorizes $400 million to
buyout the punch card voting machines that caused so many problems
during the 2000 Presidential election. In addition, H.R. 3295
authorizes another $2.25 billion over the next 3 years to aid states in
acquiring new voting equipment and improving their electoral systems
with help and monitoring from a new, bipartisan Federal Election
Assistance Commission.
Furthermore, I support this bill because it establishes minimum
standards for state election systems, enforced by the Department of
Justice and the Federal Election Assistance Commission, that would
require states to have a voter registration system linked to local
jurisdictions in the state, adopt uniform standards defining what
constitutes a vote on the different types of voting equipment, ensure
that absent uniformed and overseas voters have their votes counted, and
give voters the opportunities to correct errors before they leave the
polling place.
Finally, H.R. 3295 creates a small grant program which trains college
and high school students to work at the polls on election day, thereby
filling a crucial shortage of election personnel and encouraging
participation among young people in the electoral process.
Mr. Speaker, I acknowledge this legislation could do more to help
minorities and disabled Americans, many of whom were disenfranchised
during the 2000 election. I expect changes to be made to this
legislation during consideration in the Senate, and will support
stronger provisions as a final version is crafted. However, this
legislation moves the process forward and that is critical at this
time. For these reasons, I support this legislation and encourage my
colleagues to do the same.
Mr. REYES. Mr. Speaker, I urge my colleagues today to vote against
H.R. 3295, the Help America Vote Act. While this bill makes efforts to
improve our electoral system, I oppose it because it fails to provide
key safeguards that ensure every voter will be able to cast a ballot
and have that ballot counted.
As the Chair of the Congressional Hispanic Caucus, I proudly support
the election reform principles our Caucus adopted earlier this year.
Thanks largely to the hard work of Congressman Charlie Gonzalez, who
chairs the Hispanic Caucus' Civil Rights Task Force, we developed a set
of principles which state that election reform should include minimum
standards, guarantee accessibility for language minorities and the
disabled, provide for provisional ballots, and establish a voter bill
of rights.
Unfortunately, H.R. 3295 fails to adequately address these
principles, which are tremendously important to Hispanic voters and
those who expect fairness at the polling place. This bill was brought
to the floor on the back of an unfair rule that did not allow any
debate on critical amendments that would have made the difference
between complete election reform that takes into consideration the
principles I just mentioned, and incomplete reform, which,
unfortunately, ignores the necessity of improving the electoral system
for all voters with full consideration of their rights as participants
in a democratic process. I therefore urge Members to vote against the
rule and vote in favor of the motion to recommit.
Election reform legislation should establish and enforce minimum
standards for election technologies, voter education, and election
worker training. We cannot let local jurisdictions opt out of ensuring
that our elections are fair and accurate. States and localities must
comply with all federal voter rights safeguards, including those
established by new election reform legislation and those guaranteed by
the Voting Rights Act and the National Voter Registration Act.
Election reform legislation must reinforce the existing minority
language provisions of the Voting Rights Act, which ensure that voters
in areas with a significantly large language minority population can
receive a ballot and election information in a language other than
English. While this bill does contain language that would ensure
accessibility for voters with limited English proficiency for optional
activities, there is no reinforcement of existing language access
requirements. These laws have been poorly enforced, as the 2000
election demonstrated, and many jurisdictions fail to comply with them.
To combat voter disenfranchisement, election reform must include poll
worker training and a voter bill of rights that empowers voters through
pro-active steps, including the use of sample ballots, that educate
them about their rights and voting process. Voters have a right to know
that if they are standing in line to vote before polls close, they
can't be turned away; that they cannot be asked for more than one form
of identification; and that they have the right to a provisional
ballot.
Currently, H.R. 3295 does not significantly address these important
issues. While it provides funds for new voting equipment, poll worker
training and voter education, H.R. 3295 would allow jurisdictions to
continue disenfranchising voters by using abysmally inaccurate voting
machines and by poorly administering elections.
Based on these reasons, I hope my colleague will join me in voting
against final passage of H.R. 3295.
Ms. KILPATRICK. Mr. Speaker, during the 2000 Presidential election,
nearly 100 million Americans went to the polls to vote. Of those who
went, nearly 6 million votes were discarded and thrown out due to
faulty machines. In addition to these 6 million wasted votes, there
were countless Americans who were not allowed to vote due to erroneous
records and over zealous vote purging efforts. Many of
[[Page H9301]]
these people, unfortunately, were from poor and minority communities.
The election reform legislation we are considering today does not
establish adequate voting rights protections to prevent many of the
problems that we experienced in the 2000 presidential elections.
According to Civil Rights Organizations like the ACLU, there are three
goals that legislation must accomplish to achieve maximum election
results. Voters should be able to count on uniformity of voting
equipment and laws, adequate accessibility to the polls and accuracy in
the accounting of votes.
A critical issue in any election reform measure is the enforcement of
some minimum uniform standards for elections. After all, the Supreme
Court rejected the Florida Presidential election recount because of the
lack of uniformity in the standards used to recount the votes. I
personally find it ironic that the Court chose to limit uniform
standards to uniform state laws as opposed to uniform Federal laws,
which would require all states to meet minimum uniform election
standards.
The Ney-Hoyer bill does not adequately address the issue of uniform
standards and in many ways continues wide and varied election practices
from state to state. The Ney-Hoyer bill includes an opt-out provision
that would allow any state to easily avoid complying with suggested
federal standards.
The bill makes token suggestions to states to take greater efforts to
address the serious problems facing non-English speaking minorities and
the disabled in casting their ballots. Disabled and non-English
speaking voters face hurdles to proper access due to physical and
language barriers at the polling place. They, perhaps most of all, need
a bill that provides voter education so that citizens know how to vote
and are aware of the constitutional right to vote.
The bill simply encourages states to take steps to provide for
provisional voting as opposed to mandating compliance with federal
standards. This again allows states to choose whether or not to take
steps that would make our voting system more uniform across the
country. For example, provisional voting, which would allow voters to
challenge erroneous records, is a highly recommended reform to our
current voting system. Under this measure states are given the option
to implement this recommendation.
The most disturbing provisions in the bill are provisions, I believe,
that would push voters from the rolls. Under the legislation, voters
would be disqualified from casting their ballots if they fail to vote
in two elections and fail to respond to a mailed notice. This
contradicts current law and subjects voters to continued vigilance to
ensure that their names are not inadvertently removed from the voting
rolls.
I am also disappointed that the rule only allows for an hour of
debate on a bill that claims to be election reform. The rule only
allows for one hour of general debate with no opportunity to amend the
bill. How can we consider a bill affecting the most fundamental
attribute of democracy--voting--and not have the opportunity to fully
debate and amend the provisions of the bill? Furthermore the bill was
not fully vetted by the appropriate committees in the House. Voting
legislation is generally within the jurisdiction of the Judiciary
Committee, which deals with issues of a constitutional or judicial
nature. The Judiciary Committee never considered this bill.
I did not cosign this election reform bill. I cosponsored a bill
offered by Mr. Conyers, H.R. 1170, the Equal Protection of Voting
Rights Act. I would add that Mr. Conyers is the ranking member of the
Judiciary Committee. That bill takes substantive steps to apply uniform
voting standards across the country and provides enforcement mechanisms
that ensure compliance with these standards. It was my hope that the
Rules Committee would at least allow this bill to be considered as a
substitute amendment to the bill. Once again, the leadership in the
House has chosen politics over the people. Once again, the rights of
the people, through their elected representatives, to consider all the
relevant alternatives is being abridged. Once again, we are being
forced to consider a limited measure that does not adequately address
the concerns of the majority of the American people.
We are on the heels of the 2002 elections and we are just now
considering an election reform measure. If the upcoming elections are
anything like the 2000 presidential election, it is my fear that we are
in for more of the same. Mr. Speaker, I urge my colleagues to vote
against the rule and final passage of this token election reform
legislation.
Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to H.R. 3295,
the ``Help America Vote Act of 2001.''
I am particularly concerned about a problem my home state of
Wisconsin will face under section five of the bill and its mandatory
requirement that each state implement a statewide voter registration
system. The state of Wisconsin does not require statewide voter
registration in communities with populations of less than 5,000. This
bill will require Wisconsin to comply by requiring registration at the
expense of the local governments in communities where registration is
not required by law. This legislative provision will place a
substantial administrative and financial burden on the state and,
perhaps result in an unfunded federal mandate.
Mr. Speaker, I also have a significant concern that my constituents
in my home state of Wisconsin will be double taxed under Section One of
H.R. 3295. That is the section which furnishes states with funds to
buyout their punchcard voting machinery. However, Wisconsin has already
phased out the use of punchcard voting systems on their own, at the
expense of the local counties and municipalities, to the tune of over
$650,000. How can it be justified that my constituents will be double
taxed to pay for replacing punch card machines? The first tax paid by
Wisconsin residents was in the form of local tax revenues and the
second tax will be in the form of federal tax dollars.
And, let me be very clear here, the local tax revenues spent on
punchcard machines could easily have been spent on other important
local needs, especially if they knew federal money was on the way. The
elimination of these punchcard systems may be a laudable goal, however,
it clearly unfair to double tax the residents of Wisconsin in order to
pay for upgrades in another state when that state did not determine it
was important enough to them to use their own resources to pay for the
elimination of punchcard ballots.
The basic principle of ``one person, one vote'' is one that crosses
party lines, for voting is not a partisan issue, it is an American
issue. All Americans want to know that the vote they cast, for the
candidate of their choice, will be counted fairly and accurately.
Unfortunately, it is also the concern of a great many Americans that
widespread voter fraud is diluting or cancelling out the value of their
legally cast vote. For example, in Madison, Wisconsin, students from
the University of Wisconsin bragged about voting two and three times in
last year's presidential election. Coincidently these students recanted
their statements when pressed. Perhaps it was when they realized that
voting two and three times violated state and federal election laws.
However, this is just one minor example of what has been allowed to
occur in jurisdictions all around this country without any tangible
consequences. Another example of rampant voter fraud can be found when
examining the events surrounding the 2000 election in St. Louis,
Missouri. There were hundreds of felons, non-citizens, duplicate and
dead voters who cast ballots for candidates illegally. And in the city
of Philadelphia, there were over 5,000 voters registered at vacant
city-owned lots.
I strongly believe we must seriously examine allegations of voter
fraud and press for the prosecution of those who are found to have
violated existing laws. We should also examine existing federal
statutes and the Department of Justice prosecution guidelines to
determine if stiffer federal penalties and fines and greater
enforcement is necessary. It should become routine that when evidence
of voter fraud is found, perpetrators can expect to be prosecuted to
the fullest extent of the law. For vote fraud is not a victimless
crime. It is crime which erodes the integrity of the very system our
forefathers put into place to insure the continuance of the freedoms we
hold dear. It is time we get serious about insuring the integrity of
the election process, and protecting the public trust in the election
system of the United States.
This legislation does not go far enough to address the issue of voter
fraud and it will continue to flourish without significant legislative
changes. I fear that once this legislation is passed, this Congress
will not come back to examine measures aimed at eliminating voter
fraud, proposals such as requiring photo identification at the polls,
requiring proof of citizenship and requiring removal of dead voters
from current voting rolls are just a few provisions which need to be
considered.
The individual states across the country have been hard at work in
2001 reviewing their election laws with a fine-tooth comb, identifying
the weak spots and potential causes for concern, and, most importantly
. . . developing solutions. Reforming election laws is a complex job
but it is one that is best left to the states. This hard work will
certainly continue into 2002 but look at what has happened so far at
the state level: more than 1,770 bills have been introduced, 249 have
been passed and 487 bills are still pending.
One of the most profound examples of state reform is in Florida where
they have passed the most sweeping election reforms of any state so
far. These reforms include, among other things, the banning of punch
card ballots by providing $24 million to counties to purchase optical
scan or electronic systems, $6 million for voter education and poll
worker recruitment and training, and $2 million to create a statewide
voter registration database. Their bill also provides for uniform
ballot design, no-excuse absentee voting and provisional balloting.
However, Florida made these changes
[[Page H9302]]
after consideration of their unique needs and goals without federal
mandates from Congress, such as those required under H.R. 3295. And,
many other states legislatures have followed suit by passing their own
election reform bills without the direction from Congress. As was the
case in Wisconsin a few years back, individual states are proving that
they are the best able to determine what solutions will work
effectively for their unique needs and the focus of election reform
should be left to them.
Ensuring fair and honest elections by eliminating voter fraud,
improving voting techniques, eliminating disenfranchisement, and
respecting the constitutional role of the states and localities should
not be partisan issues. Our fundamental system of elections is sound,
and just as with all things, there is always room for improvement.
However, we need to make certain that legislation does in fact provide
improvement and not just rhetoric and that Congress is not simply
throwing $2.65 billion at this issue so we can claim we've solved all
alleged problems.
Mr. STARK. Mr. Speaker, I rise today in support of H.R. 3295, the
Help America Vote Act. The deeply troubled election of 2000 taught us
many lessons. Chief among them was the need to improve our election
system. When hanging chads and butterfly ballots kept the presidency in
the balance, America's credibility as the oldest democracy in the world
was compromised. The American people have overwhelmingly called on
Congress to act, and this bill is at least a step in the right
direction.
The Help America Vote Act does several things to improve our election
system. First, it establishes minimum election standards that all
states should meet. The bill requires each state to maintain a complete
and accurate voter registration system and to maintain uniform
standards on what constitutes a vote for different voting machines. It
requires states to have safeguards ensuring that military and other
overseas voters have their votes counted and ensures that voters who
make errors in their ballots have the opportunity to correct them. The
bill provides $400 million to replace unreliable punch-card voting
systems, whose problems were so dramatically displayed on our
television screen a year ago. It also authorizes another $2.25 billion
to help states establish and maintain accurate lists of voters, improve
equipment, recruit and train poll workers and educate voters about
their rights.
Despite these good provisions, I have several serious concerns about
the bill. First, the bill allows states to purge voters from the
registration rolls if they don't vote in one election without giving
them enough notice that their names are being purged. This weakens the
very successful Motor Voter Law, which provides voters with these
protections. In addition, the bill allows states to create alternatives
to the provisional ballot, something that has allowed citizens who are
not registered to vote to still have their voices heard. This bill
provides no standard to ensure that all wishing to vote will be able to
do so on election day. Finally, the bill is woefully inadequate in
providing protection for people with disabilities and those with
limited English ability. The bill should ensure that all Americans,
regardless of color, creed, or handicap, have the ability to cast a
vote and have it counted.
Nevertheless, I support H.R. 3295 because it moves the process of
election reform forward and I think is an improvement from the status
quo. It is unfortunate, however, that the House Leadership refused to
allow amendments to the bill that would have corrected its flawed
provisions. I will work with my friends in the Civil Rights, disability
and labor communities to make this bill better. I am hopeful that the
Senate will also pass an election reform bill and that we can improve
upon this bill in conference. The election of 2000 revealed gaping
holes in our election system. To maintain our nation's standing around
the world and, more importantly, to maintained government's credibility
with our own citizens, the Congress must make reform a top priority.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 311, the previous question is ordered.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Menendez
Mr. MENENDEZ. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. MENENDEZ. I am, Mr. Speaker, in its present form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Menendez moves to recommit the bill H.R. 3295 to the
Committee on House Administration with instructions to report
the same back to the House forthwith with the following
amendments:
Amend section 502(2)(A) to read as follows:
(A) A system of file maintenance which removes registrants
who are ineligible to vote from the official list of eligible
voters consistent with the National Voter Registration Act of
1993.
Amend section 502(3) to read as follows:
(3) The State permits, by the deadline required under
section 505(b), in-precinct provisional voting by every voter
who claims to be qualified to vote in the State, except that
this paragraph shall not apply in the case of a State in
which, under law in effect continuously on and after the date
of the enactment of this Act, all votes in the State in
general elections for Federal office are cast by mail. Under
the in-precinct provisional voting described in the previous
sentence, if the name of an individual who claims to be a
registrant eligible to vote at a polling place in an election
for Federal office does not appear on the official list of
registrants eligible to vote at the polling place, or it is
otherwise asserted by an election official that the
individual is not eligible to vote at the polling place--
(A) an election official at the polling place shall notify
the individual that the individual may cast a provisional
ballot in the election;
(B) the individual shall be permitted to cast a vote at
that polling place upon written affirmation by the individual
before an election official at that polling place that the
individual is so eligible;
(C) an election official at the polling place shall
transfer the ballot cast by the individual to an appropriate
State or local election official for prompt verification of
the claim made by the individual in the affirmation required
under subparagraph (B);
(D) if the appropriate State or local election official
verifies the claim made by the individual in the affirmation,
the individual's vote shall be tabulated; and
(E) the appropriate State or local election official shall
notify the individual in writing of the disposition of the
individual's claim and the treatment of the individual's
vote.
Strike paragraphs (6) and (7) of section 502 and insert the
following:
(6) Effective January 1, 2006, the State requires all
voting systems--
(A) to be accessible for individuals with disabilities and
other individuals with special needs, including providing
nonvisual accessibility for the blind and visually impaired
which provides the same opportunity for access and
participation (including privacy and independence) as for
other voters; and
(B) to provide alternative language accessibility for
individuals with limited proficiency in the English language
with respect to each political subdivision in the State for
which, as determined by the Director of the Bureau of the
Census--
(i) the number of voting-age citizens who have limited
proficiency in the English language and who have a single
language other than English as their first language is at
least 5 percent of the total number of voting-age citizens,
(ii) in the case of a political subdivision which contains
all or any part of an Indian reservation, the number of
voting-age American Indian or Alaskan Native citizens within
the reservation who have limited proficiency in the English
language is at least 5 percent of the total number of voting-
age citizens on the reservation, or
(iii) there are at least 10,000 voting-age citizens who
have limited proficiency in the English language and who have
a single language other than English as their first language.
(7) Effective January 1, 2006, the State requires all
voting systems--
(A) to permit the voter to verify the votes selected by the
voter on a ballot before the ballot is cast and tabulated;
(B) to notify the voter before the ballot is cast and
tabulated of the effect of casting multiple votes for a
single office or fewer votes than the number of candidates
for which votes may be cast; and
(C) to provide the voter with the opportunity to correct
the ballot before the ballot is cast and tabulated.
(8) Effective January 1, 2006, the State requires that the
error rate in counting and tabulating ballots by all voting
systems may not exceed the error rate provided under the
voting system error rate standards developed pursuant to
section 504(a)(2).
(9) Effective January 1, 2004, the States requires all
polling places to be accessible to individuals with
disabilities and other individuals with special needs.
Amend section 503 to read as follows:
SEC. 503. ENFORCEMENT.
(a) In General.--The Attorney General shall be responsible
for verifying that State certifications under section 501 are
accurate and for enforcing the requirements of section 502
with respect to State election systems, in accordance with
such regulations as the Attorney General may issue.
(b) Relief.--
(1) In general.--The Attorney General may bring a civil
action in an appropriate district court for such relief
(including declaratory or injunctive relief) as may be
necessary to carry out this title.
(2) Relation to other laws.--The remedies established by
this subsection are in addition to all other rights and
remedies provided by law.
(c) Action Through Assistant Attorney General for Civil
Rights.--The Attorney
[[Page H9303]]
General shall issue regulations pursuant to this section, and
shall otherwise carry out the Attorney General's
responsibilities under this title, through the Assistant
Attorney General for the Civil Rights Division.
Insert after section 503 the following new section (and
redesignate the succeeding provision and conform the table of
contents accordingly):
SEC. 504. TECHNICAL SPECIFICATIONS AND GUIDELINES.
(a) In General.--
(1) Accessibility requirements.--In consultation with the
Election Assistance Commission and the Office of Civil Rights
of the Department of Justice, the Architectural and
Transportation Barrier Compliance Board under section 502 of
the Rehabilitation Act of 1973 (29 U.S.C. 792) (hereafter in
this section referred to as the ``Compliance Board'') shall
develop technical specifications with respect to each of the
following:
(A) The voting system accessibility requirements (relating
to individuals with disabilities and other individuals with
special needs) described in section 502(6)(A).
(B) The polling place accessibility requirements described
in section 502(9).
(2) Other requirements.--In consultation with the Election
Assistance Commission and the Compliance Board, the Office of
Civil Rights shall develop technical specifications and
guidelines with respect to each of the following:
(A) The provisional voting requirements described in
section 502(3).
(B) The alternative language accessibility requirements
described in section 502(6)(B).
(C) The requirements relating to the correction of errors
in voting systems described in section 502(7).
(D) The voting system error rate standards described in
section 502(8).
(b) Deadline for Initial Specifications and Guidelines.--
The Compliance Board and the Office of Civil Rights shall
each develop the initial set of technical specifications and
guidelines under subsection (a) not later than 1 year after
the date of the enactment of this Act.
(c) Provision of Continuing Information.--After preparing
the initial set of technical specifications and guidelines
under subsection (a), the Compliance Board and the Office of
Civil Rights shall continue to provide information to assist
the Attorney General in carrying out this title, including
preparing revised technical specifications and guidelines at
such times as the Attorney General considers appropriate.
In section 505 (as redesignated above)--
(1) in subsection (a), strike ``subsection (b)'' and insert
``subsections (b) and (c)''; and
(2) add at the end the following new subsection:
(c) Other Deadlines.--(1) The minimum standards described
in paragraphs (6), (7), and (8) of section 502 shall apply
not later than January 1, 2006.
(2) The minimum standard described in section 502(9) shall
apply not later than January 1, 2004.
Amend section 902 to read as follows:
SEC. 902. PROHIBITING EFFORTS BY POLL WORKERS TO COERCE
VOTERS TO CAST VOTES FOR EVERY OFFICE ON
BALLOT.
Section 594 of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) Whoever'';
and
(2) by adding at the end the following new subsection:
``(b) For purposes of subsection (a), a poll worker who
urges or encourages a voter who has not cast a vote for each
office listed on the ballot to return to the voting booth to
cast votes for every office, or who otherwise intimidates,
harasses, or coerces the voter to vote for each such office
(or who attempts to intimidate, harass, or coerce the voter
to vote for each such office), shall be considered to have
intimidated, threatened, or coerced (or to have attempted to
intimidate, threaten, or coerce) the voter for the purpose of
interfering with the voter's right to vote as the voter may
choose. Nothing in this subsection shall prohibit a poll
worker from providing information to a voter who requests
assistance.''.
Mr. MENENDEZ (during the reading). Mr. Speaker, I ask unanimous
consent that the motion to recommit be considered as read and printed
in the RECORD.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. The gentleman from New Jersey is recognized
for 5 minutes in support of his motion to recommit.
(Mr. MENENDEZ asked and was given permission to revise and extend his
remarks.)
Mr. MENENDEZ. Mr. Speaker, there is one principle alone that should
be guiding our debate on this election reform, and that is every
American has a full and equal opportunity to vote. It is a simple but
extraordinarily important proposition, because it forms the
justification of and expression for our democracy.
Any undermining of that principle, even the perception of
undermining, can do great damage to us.
One person, one vote. We all know the questions about our system that
the last Federal election left with our citizens. We must never allow a
repeat of that. The Ney-Hoyer bill is a good step in that direction.
Most importantly, their bill commits the resources we need to replace
outdated voting systems. However, the bill turns a standard we passed
in the Motor Voter Act on its head.
The Motor Voter Act says that before someone is removed from the
voting rolls, they must be given written notice, and then have two
elections to correct the removal at the ballot place before the removal
is finalized. The Motor Voter Act stands for the principle that before
you take away someone's right to vote, you give them a chance to prove
they are still legally voting in the correct place.
The bill as written, however, says if you fail to vote in two
elections, you can be purged from the rolls. In other words, if you do
not vote, you can lose the right to vote. Our motion simply states that
the rules of the Motor Voter Law should continue to govern.
Given the number of false purges we saw in the last election, it is
critical that the right to provisional voting is guaranteed. There
should be no need for alternatives. If an improperly purged voter is
turned away on election day, that error is irreversible.
For disabled voters, the bill requires that States provide a
``practical and effective'' means to vote. Keeping in mind the guiding
principle of equal and full access, we believe ``separate but equal''
is not good enough for disabled voters. With our technology and
ingenuity, there is no reason why we cannot create uniform systems that
can accommodate almost all of our disabled and non-disabled voters, and
our amendment allows 4 years to make the necessary changes.
The bottom line is that currently 14 million disabled voters cannot
cast a secret ballot, and there is no excuse for this. The bill does
not guarantee that this will change. Our motion does.
For voters with different native languages, the Ney-Hoyer bill relies
on current law. We simply give that standard to any other group of
Americans so situated.
These are Federal elections, and we have a responsibility to ensure
that a voting procedure in Florida is subject to the same minimum
standards as a voting procedure in New Jersey. That is why our
amendment gives the Attorney General the direct responsibility for
certifying that States are in compliance with the minimum standards in
this bill, without an intermediary. It is that important.
How many of us would be satisfied with the counsel of patience and
delay if it were our right to vote that was being compromised? Very few
of us, I think. When it comes to the right to vote, there is no margin
for error. Every vote must be ensured, counted and protected equally.
But in all of these ways, our motion eliminates the margin for error
and makes it better. So I certainly urge my colleagues to support the
motion.
Mr. Speaker, I yield to the distinguished gentlewoman from Texas (Ms.
Eddie Bernice Johnson), the Chair of the Congressional Black Caucus.
(Ms. Eddie Bernice Johnson of Texas asked and was given permission to
revise and extend her remarks.)
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, several universities
and news organizations have conducted studies, and every study has
found that votes cast are not being counted. The House Committee on
Government Reform minority staff conducted a study in 40 congressional
districts and found that the highest percentage of undervotes were in
places which had poor and minority populations.
Mr. Speaker, there are volumes of evidence which clearly and
convincingly prove that the election system in this country is broken
and must be fixed.
{time} 1500
We deeply believe in a need to safeguard the rights and liberties of
the American people. I join the gentleman
[[Page H9304]]
from New Jersey (Mr. Menendez), the gentlewoman from Connecticut (Ms.
DeLauro) and the gentleman from Connecticut (Mr. Shays) in offering
this motion to recommit. I joined them in requesting that the Committee
on Rules, once again, allow the amendment, which would only allow
purged voters from the voting rolls through means consistent with
national voter registration and for the handicap to have the ability to
vote, and provisional voting.
Mr. Speaker, I will submit the rest of my statement. This is so basic
and fundamental to our democracy. I just cannot imagine anyone not
being in support of these recommendations that we made to make this
democracy real.
Mr. MENENDEZ. Mr. Speaker, I yield the balance of the time to the
gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Speaker, our entire system of government is based on
the premise of one person, one vote. For our democracy to work, people
must have confidence that their vote counts. We have a responsibility
to do all that we can to make sure that every citizen is able to fully
exercise their fundamental right to vote.
This motion to recommit ensures that polling places are accessible,
voting equipment is updated, voters are not mistakenly taken off the
rolls, and that these standards are endorsed.
In cities and towns across this country it remains more difficult to
go to the polls and cast a vote than it is to make a simple withdrawal
from an ATM machine. There is something wrong with that, I say to my
colleagues.
The world looks to America as a shining example of democracy in
action. We need to act today to ensure that every American has the
right to participate in that democracy by casting a vote that will be
counted. I urge my colleagues to vote ``yes'' on the motion to
recommit.
Mr. NEY. Mr. Speaker, I rise to stand in opposition to the motion to
recommit, and I claim the time in opposition.
Mr. Speaker, I yield 40 seconds to the gentleman from Maryland (Mr.
Hoyer).
Mr. HOYER. Mr. Speaker, I rise simply to say that the objectives of
this motion to recommit I think are worthwhile and good, but I want to
make the record clear. The gentleman from Ohio (Mr. Ney) and I have had
a colloquy on section 3 of the National Voter Registration Act. It is
the committee's view that nothing in this bill changes or diminishes in
any way any provision, including provisional voting, of the National
Voter Registration Act. In fact, I made it a condition to my
participation in the bipartisan bill that that be the case.
In addition to that understanding with the gentleman from Ohio (Mr.
Ney) and all of us on the committee and the staff, we have contacted
the Attorney General's Office and I would include at this point in time
in the Record a letter that was received by the gentleman from Ohio
(Mr. Ney) and myself on December 10, 2001 from the Assistant Attorney
General.
Department of Justice,
Office of Legislative Affairs,
Washington, DC, December 10, 2001.
Hon. Steny Hoyer,
Ranking Minority Member, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Congressman Hoyer: This letter responds to your letter
of November 29, 2001 regarding the effect of H.R. 3295. the
``Help America Vote Act,'' upon the National Voter
Registration Act of 1993 (``NVRA'').
Although several provisions in the bill affect the list
maintenance provisions in section 8 of the NVRA, it is
evident that the bill is not designed to modify the NVRA and,
in fact, it does not alter or undermine the NVRA's
requirements. Section 903 of the bill itself specifically
provides that nothing in H.R. 3295 ``shall supercede,
restrict or limit the application of . . . NVRA,'' that
nothing in the bill ``authorizes or requires any conduct
which is prohibited by the NVRA,'' and that nothing in the
bill ``may be construed to affect the application of the . .
. NVRA . . . to any State'' (except as specifically provided
in the bill). These provisions would guide the Department's
enforcement efforts if the bill becomes law.
Various parts of the bill reference the NVRA and appear
designed to clarify and strengthen enforcement of the NVRA's
list maintenance provisions. Section 502(2) would require all
50 States and the District of Columbia, Puerto Rico, Guam,
American Samoa, and the United States Virgin Islands to adopt
a system of list maintenance ensuring that voter registration
lists are accurate and updated regularly, and that removes
registrants who are ineligible to vote. Under this system,
``consistent with the [NVRA],'' registrants who have not
voted in 2 or more consecutive Federal general elections and
who have not responded to a notice would be required to be
removed from the list of eligible voters, except that no
registrant could be removed solely by reason of failure to
vote. This system also would have to have safeguards to
ensure that eligible voters were not removed in error.
Section 501(a)-(b) would require all States to
enact legislation to adopt such a list maintenance system,
but properly would leave States discretion as to the
specific methods of implementing such a system.
Secton 902(a) entitled ``Clarification of ability of
election officials to remove registrants . . . on grounds of
change of residence,'' would amend the NVRA's existing
requirement (at 42 U.S.C. 1973gg-6(b)(2)) that any general
program not result in removal of voters' names due to their
``failure to vote.'' However, the amendment in section 902(a)
merely would clarify that nothing in section 19733gg-6(b)(2)
was intended to prohibit a State from using the procedures
already in sections 1973gg-6(c)-(d) to remove the names of
voters who have not voted or have not appeared to vote in two
or more consecutive Federal general elections and who have
not notified the registrar, or responded to a notice sent by
the registrar, that they intend to remain registered in the
jurisdiction. As an amendment to the NVRA, this provision
would apply only in the 45 jurisdictions covered by the NVRA
(44 States and the District of Columbia).
In view of the bill's several affirmations that removal of
names from voter rolls should be carried out in a manner
consistent with the NVRA and in view of the general
affirmations in section 903 that the bill will not restrict
or limit the NVRA, the bill's list maintenance provisions can
and should be read consistently with the NVRA's existing list
maintenance procedures, which basically are: section 1973gg-
6(c) suggests the Postal Service National Change of Address
program as one example of a means of identifying voters who
have become ineligible because they have moved outside the
jurisdiction. Section 1973gg-6(d) them provides a
confirmation process that States must follow before removing
voters identified as potentially ineligible due to having
moved. As above, voters may be removed if: (1) they do not
respond to the registrar's notice and do not vote or appear
to vote in two Federal general elections; or (2) they confirm
in writing that they have moved outside the jurisdiction.
Many States, following guidance from the Federal Election
Commission, legislatively adopted or legislatively revised
list maintenance provisions after passage of the NVRA. See,
e.g., Ak. Stat. 15.07.130; Fl. Stat. 98.065, 98.075, 98.093;
Ga. Stat. 21-2-231 to 21-2-235; Va. Stat. 24.2-427 to 24.2-
428.2. To the extent that the 45 jurisdictions covered by the
NVRA have adopted list maintenance programs consistent with
42 U.S.C.. 1973gg-6, we conclude that the new clarifying
provisions of section 902(a) of the bill would not require
those States to amend their programs. Likewise, State
legislation consistent with the NVRA probably would meet the
new, less specific, minimum standards for list maintenance
required in section 502(2) of H.R. 3295. If this
interpretation differs with that of the drafters of the bill,
some clarification may be warranted.
Thank you for the opportunity to present our views. Please
do not hesitate to call upon us if we may be of additional
assistance. The Office of Management and Budget has advised
us that from the perspective of the Administration's program,
there is no objection to submission of this letter.
Sincerely,
Daniel J. Bryant,
Assistant Attorney General.
Identical letter sent to the Honorable Bob Ney, Chairman.
Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
I wanted to point out just a couple of items about this motion to
recommit, and I do respect the gentleman from New Jersey and his
intentions. But this does eliminate provisions to improve list
maintenance, and this is something that we all have fought very hard
for. Democrats and Republicans from across the country want to make
sure that they have the best voter lists possible and that they are in
the best condition possible. That was a bipartisan request. This would
eliminate the provisions to improve list maintenance.
Also, unless I have read this wrong, this also would deal with the
issue of accessibility at the polling places. We are talking about
200,000 polling places, and this theory that was brought forward in
committee on the basis of what this motion to recommit is about was
discussed in the committee. No one could even give us an estimate of
the billions and billions of dollars. Also, I would raise this issue:
are we going to use taxpayers' dollars, then, to fund something the
private sector should do, if one votes at a mall or a church? There are
a lot of significant issues to that provision itself.
[[Page H9305]]
As far as the issue of persons with disabilities, let me just quote
from the bill, and this is an important issue that I care about and a
lot of people in this country obviously do care about, and it has been
stated many times through this process that this bill makes one of the
first significant steps in trying to help persons who have some form of
a disability to vote.
The Ney-Hoyer bill is an important breakthrough for the voting rights
of persons with disabilities. All new voting systems must provide a
practical and effective means for voters with physical disabilities to
cast a secret ballot. That is language from the Ford-Carter Commission.
All States receiving Federal funds under this bill must certify that in
each precinct or polling place, there is at least one voting system
available which is fully accessible to individuals with physical
disabilities. It also states that it uses Federal funds to purchase new
machines, and must ensure that at least one voting machine in each
polling place in the State will be fully accessible to individuals with
physical disabilities.
This bill has also been endorsed by the National Federation of the
Blind.
Mr. Speaker, I just want to urge my colleagues to hold to the bill,
the Ney-Hoyer bill, and defeat the motion to recommit. Also, Mr.
Speaker, at this time I include for the Record the following letters of
endorsement.
National Association of
Counties,
Washington, DC, November 21, 2001.
Hon. Bob Ney,
Chairman, Committee on House Administration, Longworth House
Office Building, Washington, DC.
Hon. Steny Hoyer,
Ranking Member, Committee on House Administration, Longworth
House Office Building, Washington, DC.
Dear Representatives Ney and Hoyer: We want to commend you
for your hard work and perseverance in introducing a
bipartisan election reform bill. The legislation is a
compromise and not everyone is going to agree with all of its
provisions which includes some of our county officials.
The National Association of Counties (NACo) would like to
go on record as supporting H.R. 3295 as it was reported by
the House Administration Committee. We would have to review
this position if extensive changes are made on the House
floor or in the Senate.
NACo still has concerns about Congress providing adequate
funding for carrying out the mandates in the bill. We believe
the authorizations would be adequate but we also would like
to see a commitment from the leadership on providing
sufficient appropriations in FY2002 and FY2003. We will be
urging President Bush to request the full authorization
amounts in his budget for FY2003.
We will be sending letters to all Members urging them to
vote for H.R. 3295. We also will be urging county officials
to contact their state delegations to support the bill.
If you have any questions, please call me or Ralph Tabor on
our staff (202-942-4254).
Sincerely,
Larry E. Naake,
Executive Director.
____
Election Center,
Houston, Texas, November 26, 2001.
Hon. Robert Ney,
Hon. Steny Hoyer,
House Administration Committee, Longworth House Office
Building, Washington, DC.
Congressmans Ney and Hoyer: On behalf of the elections
community of America. I want to congratulate the two of you
for accomplishing what grizzled veterans said could not be
done: you have produced true bi-partisan legislation that
will help America cure the worst of the problems discovered
in Election 2000.
As you are aware, the rules and laws under which The
Election Center was formed prevent us from lobbying for or
against any legislation--our members nationwide will do that
on their own--but we can speak to what we believe the impact
of the legislation will do for American elections.
The two of you have shown what men of goodwill can do when
a difficult issue arises. Obviously there were partisan
considerations involved in this legislation and each of you
was a noble champion for your party's particular view--but
you also showed that you could find a way to reach consensus
and still effect meaningful legislation.
I know this bill will not please all voter groups--even the
elections community find items they dislike in this
legislation. I know there are already claims that it does not
go far enough for some--or too far for others. you and the
House Administration Committee have fashioned legislation
which does, however, address the serious problems discovered
in Election 2000. You have found methods which reach and
solve the real problems without doing it in heavy handed
Federal edicts.
Finding the right balance of voter protections and yet not
upsetting the rights of states and local governments to
maintain responsibility for this process has not been an easy
task but you have managed to reach consensus that protects
the rights of minorities and even extends new services to the
blind and disabled, to military and overseas voters, and
provides new poll workers for elections. The months of delay
waiting on bi-partisan legislation have been well spent in
developing a true compromise bill.
Congratulations on a job well done. This is responsible
legislation.
Sincerely,
R. Doug Lewis,
Executive Director.
____
A National Association of County Recorders, Election
Officials and Clerks,
Durham, NC, November 26, 2001.
Honorable Robert W. Ney: The National Association of County
Recorders, Election Officials and Clerks (NACRC) would like
to go on record in support of H.R. 3295 sponsored by Bob Ney,
Chairman of the House Administration Committee, and Steny
Hoyer, Ranking Member of the House Administration Committee.
We support the bill in its current form. If there are
extensive changes, we would have to review our support at
that time.
Although we have studied all of the provisions and are not
happy with each and every one, we do feel we can support the
majority of the bill. We are particularly pleased that it is
a bipartisan effort.
As election officials we truly strive to conduct all
elections as fairly and accurately as possible and we feel
this cannot be done when partisanship is present.
Please feel free to contact me if you have any questions at
253.798.3189.
Sincerely,
Cathy Pearsall-Stipek, CPO,
NACRC President, Pierce County
Auditor--Supervisor of Elections.
National Conference of
State Legislatures,
November 26, 2001.
Hon. Bob Ney,
Chair, Committee on House Administration, House of
Representatives, Longworth House Office Building,
Washington, DC.
Hon. Steny H. Hoyer,
Ranking Member, Committee on House Administration, House of
Representatives, Longworth House Office Building,
Washington, DC.
Dear Representatives Ney and Hoyer: We are writing to
express the support of the National Conference of State
Legislatures for H.R. 3295, the ``Help America Vote Act of
2001.'' We commend you on your leadership in undertaking to
draft sound election reform legislation and appreciate your
steadfast willingness to work with states to craft a balanced
bill for states and the American people. H.R. 3295 provides
an effective means for states to update and change their
election processes without an unduly burdensome federal
presence, and with much-needed federal financial support.
State legislators are committed to a fair election process.
The bipartisan NCSL Elections Reform Task Force adopted ten
core principles that embody the fundamental views of
elections in the states. The first principle is that ``the
right to vote is perhaps the most basic and fundamental of
all the rights guaranteed by the U.S. democratic form of
government. Implicit in that right is the right to have one's
vote count and the right to have as nearly perfect an
election proceeding as can be provided.'' NCSL believes that
the core principles enumerated in H.R. 3295 are consistent
with the findings of our own Election Reform Task Force and
identify an appropriate role for the federal government in
meeting the states shared commitments to modernizing the
voting process and ensuring the integrity of the ballot.
Although H.R. 3295 contains minimum standards that will
require states to certify that they have enacted legislation
to provide for such things as a statewide voter registration
database and provisional voting, these standards do not
mandate how states should fulfill these requirements, thus
allowing for necessary state flexibility in the
implementation of the standards. It is only through a
flexible approach to election reform that states can
meaningfully improve elections processes for all voters. NCSL
is satisfied that H.R. 3295 provides sufficient state
flexibility.
We also wish to underscore the importance of receiving an
appropriate amount of federal monies to assist states with
the implementation of those standards that may otherwise be
too costly. In these uncertain times and tight state budgets,
federal financial assistance is critical to states'
compliance with these new federal standards. We understand
there is a commitment from Speaker Hastert and the
Administration that sufficient federal funds will be
appropriated to meet the needs of the states under this bill.
We urge you to continue to strive for federal funding.
We again thank you for your excellent leadership on this
issue and look forward to working with you for passage of
this bill. Please have your staff contact Susan Parnas
Frederick at (202) 624-3566 of Alysoun McLaughlin at (202)
624-8691 or by e-mail at [email protected],
alysoun.mclaughlin @ncsl.org. Thank you.
Sincerely,
Speaker Martin R. Stephens,
Utah House of Representatives.
[[Page H9306]]
Representative Daniel T. Bluc,
North Carolina House of Representatives.
____
International Association of Clerks, Recorders, Election
Officials and Treasurers,
Chicago, IL, November 29, 2001.
Hon. Robert Ney,
Hon. Steny Hoyer,
House Administration Committee, Longworth House Office
Building, Washington, DC.
Dear Congressmen Ney and Hoyer: As President of the
International Association of Clerks, Recorders, Election
Officials, and Treasurers (IACREOT), and Executive Director
of the Chicago Board of Election Commissioners, one of the
Nation's largest election jurisdictions, I have been asked
for my opinion concerning H.R. 3295, known as the Ney-Hoyer
Bill on election reform.
Obviously, you have undertaken a very difficult challenge
in fashioning an election reform proposal to meet the needs
of thousands of election jurisdictions throughout the nation.
I want to congratulate you and your committee on a very
thoughtful and thorough legislative package that will help
ensure that every vote in this great nation is counted, and
counted accurately. Although I have some specific
reservations and suggestions on some of the bill's
provisions, I think overall it is the best proposal among the
many we have seen since the November 2000 Presidential
Election.
At a later date, I would be honored to appear before your
committee to present my specific recommendations to make this
legislation even more palatable. I know you and your
committee have worked very hard on this bill. Again, please
accept my congratulations.
Sincerely,
Lance Gough,
President.
____
National Federation
of the Blind,
Baltimore, MD, December 11, 2001.
Hon. Robert Ney,
Chairman, Committee on House Administration, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to express the support of
the National Federation of the Blind for the Help America
Vote Act of 2001 (H.R. 3295), including language we requested
to address the needs of people who are blind. Thanks to your
efforts and understanding, this legislation points the way
for blind people to vote privately and independently.
While the 2000 election demonstrated significant problems
with our electoral system, consensus regarding the solution
has been much more difficult to find. Nonetheless, it is
clear that installation of up-to-date technology will occur
throughout the United States. This means that voting
technology will change, and devices purchased now will set
the pattern for decades to come. Therefore, requirements for
nonvisual access must be an essential component of the new
design.
With more than 50,000 members, representing every state,
the District of Columbia, and Puerto Rico, the NFB is the
largest organization of blind people in the United States. As
such we know about blindness from our own experience. The
right to vote and cast a truly secret ballot is one of our
highest priorities, and modern technology can now support
this goal. For that reason, we support any legislation that
will accomplish this objective. Thank you for your assistance
in addressing this concern as part of the Help America Vote
Act of 2001.
Sincerely,
James Gashel,
Director of Governmental Affairs.
____
Ohio Secretary of State,
Columbus, OH, November 20, 2001.
Hon. Bob Ney,
Chairman, Committee on House Administration, Longworth House
Office Building, Washington, DC.
Dear Bob: For the last year, professional election
officials across the nation have wrestled with the challenges
brought to light as a result of the 2000 Presidential
Election. At the heart of the issue is the suitability for
ongoing use of punch card voting systems and the need for
statewide uniform standards of election administration within
each state.
It has been my pleasure to work with you and the House
Administrative Committee as you have worked so hard to reach
a bi-partisan compromise for election reform. I am very
pleased to see that you have built a consensus for reform and
offer you my whole-hearted endorsement of HR 3295, the Help
America Vote Act of 2001.
This important legislation reflects the best balance of
federal involvement and local control of elections that I
have seen to date. You have reached a fine balance that
reflects the serious need for election reform without
federalizing the election process and minimizing local
election administration, as some proposals do. By funding the
buy-out of punch card ballot systems, your bill will help
guarantee that we never again see the debacle that occurred
in Florida because of punch card balloting inconsistencies.
By requiring the adoption of reasonable ballot-counting
standards, you also make sure that states are prepared to
deal with ballot-counting questions before an election is
contested and not after the fact. This will be a tremendous
benefit to all Americans.
I realize there are some that wish the federal government
to mandate a uniform voting system and standards for every
jurisdiction. I believe this would be a terrible mistake.
Election officials everywhere recognize the solutions for one
precinct may not work the same in the next--particularly when
separated by thousands of miles. Almost every election reform
report I have seen confirms this important fact. While states
can and should be held accountable for adopting uniform
standards for their voting machines, each state should be
left the option of choosing solutions that work the best. The
cookie cutter approach will not work for elections and I
encourage you to continue your efforts to fight this
movement.
To assist you in the passage of this critical legislation,
I will be sending a copy of this letter to every Secretary of
State in the nation, every election official in Ohio and
every county commissioner in Ohio. I will also be discussing
your legislation in an upcoming article in our Spirit of Ohio
publication, so even more Ohioans can learn of your good work
and will know how to contact you to lend their support. If
there is any further assistance I can provide you, please do
not hesitate to let me know.
Again, thank you very much for all you are doing. I look
forward to seeing Congress pass balanced and meaningful
election reform legislation--HR 3295.
Sincerely,
J. Kenneth Blackwell,
Ohio Secretary of State.
State of Wisconsin
Elections Board,
Madison, WI, December 10, 2001.
To: Members, Wisconsin Congressional Delegation.
From: Kevin J. Kennedy, Executive Director, Wisconsin State
elections Board.
Subj: Ney/Hoyer Election Legislation (H.R. 3295).
H.R. 3295 sponsored by Congressmen Ney and Hoyer is
scheduled for a vote in the House of Representatives this
Wednesday, December 12, 2001. The Ney/Hoyer proposal is one
of several election reform proposals initiated at the federal
level. In my opinion it contains the most comprehensive set
of solutions to problems identified in the 2000 election. It
most closely reflects the items of consensus identified in
the numerous commissions that submitted reports this summer.
The State Elections Board has not taken a position on any
recommended federal legislation. However, as Wisconsin's
chief election officer for the past 19 years I would like to
urge your serious consideration of H.R. 3295.
I had the privilege of serving on the Election Center Task
Force that consisted entirely of state and local election
administrators. Many of our recommendations are reflected in
H.R. 3295. The bipartisan proposal strikes a very reasonable
balance among the competing interests at stake. Most
importantly, the legislation recognizes the role of state and
local government in election administration.
Several stakeholders, including State Election Directors,
would like to see more far reaching initiatives. However,
given the highly partisan atmosphere in which election reform
is discussed, I believe that this legislation provides the
most realistic solution. The legislation provides a mechanism
for developing realistic standards in conjunction with state
and local election administrators and a reasonable funding
mechanism.
None of the minimum standards described in the legislation
adversely impact Wisconsin. With the exception of a statewide
voter registration database, Wisconsin already meets or
exceeds the minimum standards articulated in the legislation.
Quite frankly the state legislature recognizes that a
statewide voter registration database is inevitable. If
funding accompanies the bill, it can be used to assist
Wisconsin in getting the system in place.
H.R. 3295 provides an excellent opportunity to address the
lack of confidence in the electoral process that has been
fanned by the media. I encourage you to support the bill when
it comes up for a vote this week. I would be happy to discuss
the impact of this legislation on Wisconsin with you or a
member of your staff. Our website, elections.state.wi.us,
contains links to the major reports on election reform.
Please contact me with any questions. I can be reached at
608-266-8087.
____
House of Representatives,
Committee on Science,
Washington, DC, November 20, 2001.
Hon. Bob Ney,
Chairman, Committee on House Administration, House of
Representatives, Washington, DC.
Dear Bob: On November 14, 2001, you introduced H.R. 3295,
the ``Help America Vote Act of 2001.'' The bill was referred
to the Committee on House Administration, and in addition to
the Committee on Science (among others). The bill contains
provisions that fall within the jurisdiction of the Committee
on Science.
In deference to your desire to bring this legislation
before the House in an expeditious manner, I will not
exercise this Committee's right to mark-up H.R. 3295. Despite
waiving its consideration of H.R. 3295, the Science Committee
does not waive its jurisdiction over H.R. 3295. Additionally,
the Science Committee expressly reserves its authority to
seek conferees on any provision that are within its
jurisdiction during any House-Senate conference that may be
convened on this legislation or like provisions in H.R. 3295
or similar legislation which falls within the Science
Committee's jurisdiction. I ask for your commitment to
support any
[[Page H9307]]
request by the Science Committee for conferees on H.R. 3295
as well as any similar or related legislation.
I would also like to take this opportunity to thank you for
including provision of H.R. 2275 within H.R. 3295. As a
result of the negotiation between our Committees, the
provisions of the Science Committee's bill to improve voting
technology (H.R. 2275) have been incorporated into the Ney-
Hoyer (H.R. 3295) bill. The thrust of the Science Committee
bill was to set up a process to ensure that proper technical
standards would be developed to improve voting technology and
that a reliable system would be set up to test equipment
against those standards. Virtually every provision of the
Science Committee bill has been included in the House
Administration Committee legislation. Because of the hard
work and cooperation between our Committees, the new
standards will ensure that voting machines tally voters'
ballots accurately. They will help reduce voter error by
ensuring that new voting equipment is user-friendly.
Additionally, these standards will ensure that voting
machines are accessible to the disabled.
I request that you include this exchange of letters as part
of your report on H.R. 3295. I look forward to continuing to
work with you on matters of mutual concern.
Thank you for your consideration and attention regarding
these matters.
Sincerely,
Sherwood L. Boehlert,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, December 7, 2001.
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: In recognition of the desire to expedite
floor consideration of H.R. 3295, the Help America Vote Act
of 2001, the Committee on Armed Services agrees to waive its
right to consider this legislation. H.R. 3295, as introduced
on November 14, 2001, contains subject matter that falls
within the legislative jurisdiction of the Committee on Armed
Services pursuant to rule X of the Rules of the House of
Representatives.
The Committee on Armed Services takes this action with the
understanding that the Committee's jurisdiction over the
provisions in question is in no way diminished or altered,
and that the Committee's right to the appointment of
conferees during any conference on the bill remains intact.
Sincerely,
Bob Stump,
Chairman.
____
U.S. House of Representatives,
Committee on Government Reform,
Washington, DC, December 11, 2001.
Hon. Robert W. Ney,
Chairman, Committee on House Administration,
Washington, DC.
Dear Mr. Chairman: As you know, under Rule X of the Rules
of the House of Representatives, Establishment and
Jurisdiction of Standing Committees, the Committee on
Government Reform has exclusive jurisdiction over matters
relating to transportation of the mail, and all matters
involving the United States Postal Service. H.R. 3295, the
``Help America Vote Act of 2001,'' includes language that
falls within the jurisdiction of the Committee (Title VII--
Reduced Postage Rates for Official Election Mail). In its
present form Title VII would create an open-ended subsidy
that would be difficult to administer, and would be financed
by a ``tax'' on postal customers.
I appreciate both you and your staff consulting with my
Committee on your legislation. In accordance with our
discussions you have agreed to remove Section VII of the
bill. The Government Reform Committee will no longer have any
jurisdictional claim over the legislation, since no other
provisions of the bill are under the purview of the
Committee.
Under the National Voting Rights Act of 1993, Congress
contemplated that election officials would have the ability
to access the same reduced mailing rates available to non-
profit organizations. As you mentioned there have been a
number of problems associated with the implementation of this
part of the law. I am strongly committed to working closely
with State and local election officials, the United States
Postal Service and you to solve this problem. If this effort
proves to be problematic I stand ready to examine
alternatives--including a possible legislative solution.
Thank you again for your consultation and I would ask that
a copy of this letter be included in the Congressional Record
during Floor consideration. I look forward to continuing
cooperation on matters within the jurisdiction of both
committees.
Sincerely,
Dan Burton,
Chairman.
Mr. NEY. Mr. Speaker, I urge the motion to recommit be defeated, and
I urge support of the bill, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). Without objection, the previous
question is ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MENENDEZ. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 9 of rule XX, this 15-minute vote on the motion to
recommit will be followed by a 5-minute vote, if ordered, on the
question of passage.
Pursuant to clause 8 of rule XX, proceedings will then resume on the
three motions to suspend the rules and the one corrections bill
postponed from yesterday, on which the yeas and nays are ordered, each
of which will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 197,
nays 226, not voting 10, as follows:
[Roll No. 488]
YEAS--197
Abercrombie
Ackerman
Allen
Andrews
Baca
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Crowley
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutsch
Dicks
Dingell
Doggett
Doyle
Edwards
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Ford
Frank
Frost
Gephardt
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lynch
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Shays
Sherman
Shows
Slaughter
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--226
Aderholt
Akin
Armey
Bachus
Baird
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Cox
Cramer
Crane
Crenshaw
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goss
Graham
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (TX)
Hansen
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Horn
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (KY)
Lucas (OK)
Manzullo
McCrery
McHugh
[[Page H9308]]
McInnis
McKeon
Mica
Miller, Dan
Miller, Gary
Miller, Jeff
Mollohan
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schaffer
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Souder
Stearns
Stenholm
Stump
Sununu
Sweeney
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (FL)
NOT VOTING--10
Buyer
Cubin
Delahunt
Dooley
Evans
Gonzalez
Granger
Hostettler
Luther
Young (AK)
{time} 1529
Messrs. GALLEGLY, McHUGH, SHERWOOD, BARTLETT of Maryland, SOUDER,
FLETCHER, BONILLA, TERRY, WATTS of Oklahoma, PICKERING, and FOLEY
changed their vote from ``yea'' to ``nay.''
Mr. BLUMENAUER, Ms. WATERS, and Ms. CARSON of Indiana changed their
vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
{time} 1530
The SPEAKER pro tempore (Mr. LaHood). The question is on passage of
the bill.
The question was taken; and the Speaker pro tempore announced that
the yeas appeared to have it.
Mr. HOYER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 362,
nays 63, not voting 9, as follows:
[Roll No. 489]
YEAS--362
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Ballenger
Barcia
Barrett
Bartlett
Bass
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blumenauer
Blunt
Boehlert
Boehner
Bono
Boozman
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (SC)
Bryant
Burr
Burton
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clement
Clyburn
Collins
Combest
Condit
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Goodlatte
Gordon
Goss
Graham
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Herger
Hill
Hilleary
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kind (WI)
King (NY)
Kirk
Knollenberg
Kolbe
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McHugh
McInnis
McIntyre
McKeon
McNulty
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, Gary
Miller, George
Miller, Jeff
Mink
Moore
Moran (KS)
Moran (VA)
Morella
Myrick
Nadler
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pence
Peterson (MN)
Peterson (PA)
Phelps
Pickering
Pitts
Platts
Pomeroy
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Ramstad
Rangel
Regula
Rehberg
Reynolds
Riley
Rivers
Roemer
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Roukema
Royce
Ryan (WI)
Ryun (KS)
Sabo
Sanders
Sandlin
Sawyer
Saxton
Schakowsky
Schiff
Schrock
Serrano
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watson (CA)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wu
Wynn
Young (FL)
NAYS--63
Baldwin
Barr
Barton
Becerra
Blagojevich
Bonilla
Bonior
Brown (OH)
Capuano
Clayton
Coble
Conyers
Culberson
Davis (IL)
Doggett
Flake
Frank
Goode
Gutierrez
Hefley
Hilliard
Hinchey
Jackson (IL)
Jackson-Lee (TX)
Jones (NC)
Jones (OH)
Kilpatrick
Kingston
Kleczka
Kucinich
McDermott
McGovern
McKinney
Meehan
Mollohan
Murtha
Napolitano
Olver
Pastor
Paul
Payne
Pelosi
Petri
Pombo
Putnam
Rahall
Reyes
Rodriguez
Rohrabacher
Roybal-Allard
Rush
Sanchez
Schaffer
Scott
Sensenbrenner
Sessions
Shadegg
Shows
Smith (MI)
Solis
Toomey
Waters
Watt (NC)
NOT VOTING--9
Buyer
Cubin
Delahunt
Dooley
Gonzalez
Granger
Hostettler
Luther
Young (AK)
{time} 1539
Mr. SCHAFFER and Mr. RUSH changed their votes from ``yea'' to
``nay.''
Mr. NEAL of Massachusetts changed his vote from ``nay'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________