[Congressional Record Volume 148, Number 16 (Monday, February 25, 2002)]
[Senate]
[Pages S993-S994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        EQUAL PROTECTION OF VOTING RIGHTS ACT OF 2001--Continued

  Mr. DODD. Madam President, I am pleased to tell the Chair and those 
who may be following the proceedings, we have come to an agreement on 
six amendments this afternoon. Rather than explain each amendment, 
which would take some time--the authors of the amendments will 
certainly know what we are talking about--I ask unanimous consent that 
the Record remain open so that those who want to be heard on the 
amendments--some have cosponsors--can add remarks this evening.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. I thank in advance my staff, the staff of Senator 
McConnell, and the staffs of the respective authors of these amendments 
and others for their cooperation this afternoon. We have handled over 
20 amendments. It means that while tomorrow we still have some to deal 
with, we now have a manageable number, and it is looking better and 
better for getting this bill finished tomorrow afternoon or early 
evening. That is our hope.
  I ask unanimous consent that the pending amendment be laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


  Amendment No. 2913; Amendment No. 2866, As Modified; Amendment No. 
2900, As Modified; Amendment No. 2865; Amendment No. 2894, As Modified; 
                         and Amendment No. 2926

  Mr. DODD. Madam President, I ask unanimous consent that the following 
amendments be considered and agreed to en bloc: amendment No. 2913 
offered by Senators Harkin and McCain; amendment No. 2866, as modified, 
offered by Senator Lugar; amendment No. 2900, as modified, offered by 
Senator Ensign; amendment No. 2865 offered by Senator Grassley; 
amendment No. 2894, as modified, as offered by Senators Hollings, Reid, 
and Kohl; amendment No. 2926 offered by Senator Lieberman.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 2913 and 2894) were agreed to.
  (The text of amendment No. 2894, as modified, will be printed in 
tomorrow's Record.)
  The amendments (Nos. 2866, as modified; 2900, as modified; 2865; and 
2926) were agreed to, as follows:


                    AMENDMENT NO. 2866, AS MODIFIED

(Purpose: To ensure that Election Reform Incentive Grant Program funds 
  may be used by States and localities to fund hotlines for voters to 
         report possible voting fraud and voting rights abuses)

       On page 38, strike lines 9 through 12, and insert the 
     following:

     submitted under section 212(c)(1)(B) of such section;
       (6) to establish toll-free telephone hotlines that voters 
     may use to report possible voting fraud and voting rights 
     violation and general election information; or
       (7) to meet the requirements under section 101, 102, or 
     103.

[[Page S994]]

     
                                  ____
                    amendment no. 2900, as modified

(Purpose: To provide for a manual audit capacity that permits voters to 
   verify their vote at the time it is cast and used as the official 
                          record for recounts)

       On page 5, strike line 19 through 21, and insert the 
     following:
       (2) Audit capacity.--
       (A) In general.--The voting system shall produce a record 
     with an audit capacity for such system.
       (b) Manual Audit Capacity.--
       (1) Permanent paper record.--The voting system shall 
     produce a permanent paper record with a manual audit capacity 
     for such system.
       (2) Correction of errors.--The voting system shall provide 
     the voter with an opportunity to change the ballot or correct 
     any error before the permanent paper record is produced.
       (3) Official record for recounts.--The printed record 
     produced under subparagraph (A) shall be available as an 
     official record for any recount conducted with respect to any 
     election for Federal office in which the system is used.
                                  ____



                           Amendment No. 2865

   (Purpose: To ensure that absentee ballots of overseas voters are 
   collected regularly and returned to the United States in a timely 
                                manner)

       On page 68, between lines 17 and 18, insert the following:

     SEC. 402. DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL 
                   ELECTIONS.

       (a) Responsibilities of Secretary of Defense.--
       (1) Additional duties.--Section 1566(g) of title 10, United 
     States Code, as added by section 1602(a)(1) of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1274), is amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(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 ensure that the measures implemented under 
     the preceding sentence do not result in the delivery of 
     absentee ballots to the final destination of such ballots 
     after the date on which the election for Federal office is 
     held.
       ``(3) The Secretary of each military department 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.''.
       (2) Report.--The Secretary of Defense shall submit to 
     Congress a report describing the measures to be implemented 
     under section 1566(g)(2) of title 10, United States Code (as 
     added by paragraph (1)), to ensure the timely transmittal and 
     postmarking of voting materials and identifying the persons 
     responsible for implementing such measures.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 1602 of the 
     National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107; 115 Stat. 1274) upon the enactment of 
     that Act.
                                  ____



                    Amendment No. 2894, As Modified

 (Purpose: To require the Election Administration Commission to study 
       the advisability of establishing an election day holiday)

       At the appropriate place, insert the following:

     SEC.  . ELECTION DAY HOLIDAY STUDY.

       (a) In General.--In carrying out its duty under section 
     303(a)(1)(G), the Commission, within 6 months after its 
     establishment, shall provide a detailed report to the 
     Congress on the advisability of establishing an election day 
     holiday, including options for holding elections for Federal 
     offices on an existing legal public holiday such as Veterans 
     Day, as proclaimed by the President, or of establishing 
     uniform weekend voting hours.
       (b) Factors Considered.--In conducting that study, the 
     Commission shall take into consideration the following 
     factors:
       (1) Only 51 percent of registered voters in the United 
     States turned out to vote during the November 2000 
     Presidential election--well-below the worldwide turnout 
     average of 72.9 percent for Presidential elections between 
     1999 and 2000. After the 2000 election, the Census Bureau 
     asked thousands of non-voters why they did not vote. The top 
     reason for not voting, given by 22.6 percent of the 
     respondents, was that they were too busy or had a conflicting 
     work or school schedule.
       (2) One of the recommendations of the National Commission 
     on Election Reform led by former Presidents Carter and Ford 
     is ``Congress should enact legislation to hold presidential 
     and congressional elections on a national holiday''. Holding 
     elections on the legal public holiday of Veterans Day, as 
     proclaimed by the President and observed by the Federal 
     government, may allow election day to be a national holiday 
     without adding the cost and administrative burden of an 
     additional holiday.
       (3) Holding elections on a holiday or weekend could allow 
     more working people to vote more easily, potentially 
     increasing voter turnout. It could increase the pool of 
     available poll workers and make public buildings more 
     available for use as polling places. Holding elections over a 
     weekend could provide flexibility needed for uniform polling 
     hours.
       (4) Several proposals to make election day a holiday or to 
     shift election day to a weekend have been offered in the 
     107th Congress. Any new voting day options should be 
     sensitive to the religious observances of voters of all 
     faiths and to our nation's veterans.
                                  ____



                           Amendment No. 2926

(Purpose: To improve State recount and contest procedures in elections 
                          for Federal office)

       On page 54, strike lines 22 and 23, and insert the 
     following:
     necessary to provide such assistance;
       (I)(i) the laws and procedures used by each State that 
     govern--
       (I) recounts of ballots cast in elections for Federal 
     office;
       (II) contests of determinations regarding whether votes are 
     counted in such elections; and
       (III) standards that define what will constitute a vote on 
     each type of voting equipment used in the State to conduct 
     elections for Federal office;
       (ii) the best practices (as identified by the Commission) 
     that are used by States with respect to the recounts and 
     contests described in clause (i); and
       (iii) whether or not there is a need for more consistency 
     among State recount and contest procedures used with respect 
     to elections for Federal office; and
       (J) such other matters as the Commission

  Mr. DODD. I move to reconsider the vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Madam President, let me indicate to the Republican 
Senators that it is our bipartisan goal to finish this bill tomorrow 
night. We estimate we have maybe 8 to 10 amendments that may actually 
require a vote--maybe fewer--but in any event, we intend to press 
through the day tomorrow and wrap this bill up as early as possible 
tomorrow.
  Mr. DODD. Madam President, that is all we have.

                          ____________________