[Congressional Record Volume 148, Number 21 (Monday, March 4, 2002)]
[Senate]
[Pages S1424-S1427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2966. Mr. NICKLES submitted an amendment intended to be proposed 
by him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections,

[[Page S1425]]

and for other purposes; which was ordered to lie on the table; as 
follows:

       In the matter proposed to be inserted, insert ``, but 
     excluding any charge for public service announcements'' after 
     ``the 365-day period preceding the date of the use''.
                                  ____

  SA 2967. Mr. KENNEDY (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 2936 submitted by Mr. 
Hatch and intended to be proposed to the bill (S. 565) to establish the 
Commission on Voting Rights and Procedures to study and make 
recommendations regarding election technology, voting, and election 
administration, to establish a grant program under which the Office of 
Justice Programs and the Civil Rights Division of the Department of 
Justice shall provide assistance to States and localities in improving 
election technology and the administration of Federal elections, to 
require States to meet uniform and nondiscriminatory election 
technology and administration requirements for the 2004 Federal 
elections, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. SENSE OF THE SENATE ON MAKING THE PROVISIONS OF 
                   THE VOTING RIGHTS ACT OF 1965 PERMANENT.

       It is the sense of the Senate that the Voting Rights Act of 
     1965 was one of the most significant laws enacted by Congress 
     in the 20th century, and it has full support of the Senate 
     today. In order to ensure the continuing constitutionality of 
     that Act, any proposed amendments or changes, including 
     making sections 4 and 203 permanent, warrant full review and 
     consideration by the Judiciary Committee before being 
     considered by the full Senate. Since the Act does not expire 
     until 2007, the Senate, and the Judiciary Committee, should 
     take every necessary step between now and then to develop a 
     substantial record that will ensure that any changes or 
     amendments to the Act will withstand constitutional scrutiny.
                                  ____

  SA 2968. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC. ____. MODIFICATION TO REQUIREMENTS FOR VOTERS WHO 
                   REGISTER BY MAIL.

       Section 103(b)(1)(B) is amended to read as follows:
       ``(B)(i) the individual has not previously voted in an 
     election for Federal office in the State; or
       ``(ii) the individual has not previously voted in such an 
     election in the jurisdiction and the jurisdiction is located 
     in a State that does not have a computerized list that 
     complies with the requirements of section 103(a).''.

     SEC. ____. INAPPLICABILITY OF REQUIREMENTS FOR VOTERS WHO 
                   REGISTER BY MAIL TO CERTAIN STATES.

       In addition to the exceptions under paragraph (3) of 
     section 103(b), paragraph (1) of such section shall not apply 
     in the case of a person who votes by mail-in-ballot and who 
     is registered to vote in a State in which in excess of 45 
     percent of the voting population voted by mail-in-ballot in 
     the November 2000 elections for Federal office.

     SEC. ____. REVISED EFFECTIVE DATE FOR REQUIREMENTS FOR VOTERS 
                   WHO REGISTER BY MAIL.

       Notwithstanding section 103(d)(2)--
       (1) each State and locality shall be required to comply 
     with the requirements of section 103(b) on and after January 
     1, 2004, and shall be prepared to receive registration 
     materials submitted by individuals described in paragraph (2) 
     on and after the date described in such subparagraph; and
       (2) the provisions of section 103(b) shall apply to any 
     individual who registers to vote on or after January 1, 2003.

     SEC. ____. SAFE HARBOR PROVISIONS.

       Notwithstanding sections 104(b), 203(c), 212(d), and 
     222(d), the safe harbor provisions contained in such sections 
     shall only provide immunity from actions brought under this 
     Act.

     SEC. ____. CLARIFICATION OF PROVISIONS RELATING TO COMPLIANCE 
                   WITH EXISTING FEDERAL LAW.

       (a) State Plans.--The assurances provided by a State under 
     section 202(a)(3) that the State will comply with existing 
     Federal laws, including the laws described in such section, 
     need only be provided insofar as such laws relate to the 
     provisions of this Act.
       (b) Request for Certification.--The specific and detailed 
     demonstration provided by a State or locality under section 
     212(c)(1)(A) that the State or locality will comply with the 
     laws described in such section need only be provided insofar 
     as such laws relate to the provisions of this Act.

     SEC. ____. STUDY AND REPORT ON FIRST TIME VOTERS WHO REGISTER 
                   BY MAIL.

       (a) Study.--
       (1) In general.--The Election Administration Commission 
     established under section 301 (in this section referred to as 
     the ``Commission'') shall conduct a study of the impact of 
     section 103(b) on voters who register by mail.
       (2) Specific issues studied.--The study conducted under 
     paragraph (1) shall include--
       (A) an examination of the impact of section 103(b) on first 
     time mail registrant voters who vote in person, including the 
     impact of such section on voter registration;
       (B) an examination of the impact of such section on the 
     accuracy of voter rolls, including preventing ineligible 
     names from being placed on voter rolls and ensuring that all 
     eligible names are placed on voter rolls; and
       (C) an analysis of the impact of such section on existing 
     State practices, such as the use of signature verification or 
     attestation procedures to verify the identity of voters in 
     elections for Federal office, and an analysis of other 
     changes that may be made to improve the voter registration 
     process, such as verification or additional information on 
     the registration card.
       (b) Report.--Not later than 18 months after the date 
     described in section 103(b)(2)(A), the Commission shall 
     submit a report to the President and Congress on the study 
     conducted under subsection (a)(1) together with such 
     recommendations for administrative and legislative action as 
     the Commission determines is appropriate.

     SEC. ____. REVISION OF RELATIONSHIP TO OTHER LAWS.

       Notwithstanding section 402(a), nothing in this Act may be 
     construed to authorize or require conduct prohibited under 
     the following laws, or supersede, restrict, or limit any of 
     the laws described in such section.
                                  ____

  SA 2969. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC. ____. MODIFICATION TO REQUIREMENTS FOR VOTERS WHO 
                   REGISTER BY MAIL.

       Section 103(b)(1)(B) is amended to read as follows:
       ``(B)(i) the individual has not previously voted in an 
     election for Federal office in the State; or
       ``(ii) the individual has not previously voted in such an 
     election in the jurisdiction and the jurisdiction is located 
     in a State that does not have a computerized list that 
     complies with the requirements of section 103(a).''.

     SEC. ____. INAPPLICABILITY OF REQUIREMENTS FOR VOTERS WHO 
                   REGISTER BY MAIL TO CERTAIN STATES.

       In addition to the exceptions under paragraph (3) of 
     section 103(b), paragraph (1) of such section shall not apply 
     in the case of a person who votes by mail-in-ballot and who 
     is registered to vote in a State in which in excess of 45 
     percent of the voting population voted by mail-in-ballot in 
     the November 2000 elections for Federal office.

     SEC. ____. CLARIFICATION WITH RESPECT TO MAIL VOTER 
                   REGISTRATION.

       Materials submitted by individuals under clauses (i) and 
     (ii) of section 103(b)(3)(A) shall not be considered to be a 
     mail voter registration application form described in 
     paragraph (1) of section 6(a) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-4(a)) or a mail 
     voter registration form described in paragraph (2) of such 
     section.

     SEC. ____. REVISED EFFECTIVE DATE FOR REQUIREMENTS FOR VOTERS 
                   WHO REGISTER BY MAIL.

       Notwithstanding section 103(d)(2)--
       (1) each State and locality shall be required to comply 
     with the requirements of section 103(b) on and after January 
     1, 2004, and shall be prepared to receive registration 
     materials submitted by individuals described in paragraph (2) 
     on and after the date described in such subparagraph; and
       (2) the provisions of section 103(b) shall apply to any 
     individual who registers to vote on or after January 1, 2003.

[[Page S1426]]

     SEC. ____. SAFE HARBOR PROVISIONS.

       Notwithstanding sections 104(b), 203(c), 212(d), and 
     222(d), the safe harbor provisions contained in such sections 
     shall only provide immunity from actions brought under this 
     Act.

     SEC. ____. CLARIFICATION OF PROVISIONS RELATING TO COMPLIANCE 
                   WITH EXISTING FEDERAL LAW.

       (a) State Plans.--The assurances provided by a State under 
     section 202(a)(3) that the State will comply with existing 
     Federal laws, including the laws described in such section, 
     need only be provided insofar as such laws relate to the 
     provisions of this Act.
       (b) Request for Certification.--The specific and detailed 
     demonstration provided by a State or locality under section 
     212(c)(1)(A) that the State or locality will comply with the 
     laws described in such section need only be provided insofar 
     as such laws relate to the provisions of this Act.

     SEC. ____. STUDY AND REPORT ON FIRST TIME VOTERS WHO REGISTER 
                   BY MAIL.

       (a) Study.--
       (1) In general.--The Election Administration Commission 
     established under section 301 (in this section referred to as 
     the ``Commission'') shall conduct a study of the impact of 
     section 103(b) on voters who register by mail.
       (2) Specific issues studied.--The study conducted under 
     paragraph (1) shall include--
       (A) an examination of the impact of section 103(b) on first 
     time mail registrant voters who vote in person, including the 
     impact of such section on voter registration;
       (B) an examination of the impact of such section on the 
     accuracy of voter rolls, including preventing ineligible 
     names from being placed on voter rolls and ensuring that all 
     eligible names are placed on voter rolls; and
       (C) an analysis of the impact of such section on existing 
     State practices, such as the use of signature verification or 
     attestation procedures to verify the identity of voters in 
     elections for Federal office, and an analysis of other 
     changes that may be made to improve the voter registration 
     process, such as verification or additional information on 
     the registration card.
       (b) Report.--Not later than 18 months after the date 
     described in section 103(b)(2)(A), the Commission shall 
     submit a report to the President and Congress on the study 
     conducted under subsection (a)(1) together with such 
     recommendations for administrative and legislative action as 
     the Commission determines is appropriate.

     SEC. ____. REVISION OF RELATIONSHIP TO OTHER LAWS.

       Notwithstanding section 402, the rights and remedies 
     established by such section are in addition to all other 
     rights and remedies provided by law, and neither the rights 
     and remedies established by such section nor any other 
     provision of this Act shall supersede, restrict, or limit the 
     application, nor authorize or require conduct that is 
     prohibited by, any of the laws described in such section.
                                  ____

  SA 2970. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.  . REVISION OF RELATIONSHIP TO OTHER LAWS.

       Notwithstanding section 402(a), nothing in this Act may be 
     construed to authorize or require conduct prohibited under 
     the following laws, or supersede, restrict, or limit any of 
     the laws described in such section.
                                  ____

  SA 2971. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.   . MODIFICATION TO REQUIREMENTS FOR VOTERS WHO REGISTER 
                   BY MAIL.

       Section 103(b)(1)(B) is amended to read as follows:
       ``(B)(i) the individual has not previously voted in an 
     election for Federal office in the State; or
       ``(ii) the individual has not previously voted in such an 
     election in the jurisdiction and the jurisdiction is located 
     in a State that does not have a computerized list that 
     complies with the requirements of section 103(a).''.
                                  ____

  SA 2972. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.   . INAPPLICABILITY OF REQUIREMENTS FOR VOTERS WHO 
                   REGISTER BY MAIL TO CERTAIN STATES.

       In addition to the exceptions under paragraph (3) of 
     section 103(b), paragraph (1) of such section shall not apply 
     in the case of a person who votes by mail-in-ballot and who 
     is registered to vote in a State in which in excess of 45 
     percent of the voting population voted by mail-in-ballot in 
     the November 2000 elections for Federal office.
                                  ____

  SA 2973. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.  . CLARIFICATION WITH RESPECT TO MAIL VOTER 
                   REGISTRATION.

       Materials submitted by individuals under clauses (i) and 
     (ii) of section 103(b)(3)(A) shall not be considered to be a 
     mail voter registration application form described in 
     paragraph (1) of section 6(a) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg-4(a)) or a mail 
     voter registration form described in paragraph (2) of such 
     section.
                                  ____

  SA 2974. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.   . REVISED EFFECTIVE DATE FOR REQUIREMENTS FOR VOTERS 
                   WHO REGISTER BY MAIL.

       Notwithstanding section 103(d)(2)--
       (1) each State and locality shall be required to comply 
     with the requirements of section 103(b) on and after January 
     1, 2004, and shall be prepared to receive registration 
     materials submitted by individuals described in paragraph (2) 
     on and after the date described in such subparagraph; and
       (2) the provisions of section 103(b) shall apply to any 
     individual who registers to vote on or after January 1, 2003.
                                  ____

  SA 2975. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the

[[Page S1427]]

Commission on Voting Rights and Procedures to study and make 
recommendations regarding election technology, voting, and election 
administration, to establish a grant program under which the Office of 
Justice Programs and the Civil Rights Division of the Department of 
Justice shall provide assistance to States and localities in improving 
election technology and the administration of Federal elections, to 
require States to meet uniform and nondiscriminatory election 
technology and administration requirements for the 2004 Federal 
elections, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.   . SAFE HARBOR PROVISIONS

       Notwithstanding sections 104(b), 203(c), 212(d), and 
     222(d), the safe harbor provisions contained in such sections 
     shall only provide immunity from actions brought under this 
     Act.
                                  ____

  SA 2976. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC.  . CLARIFICATION OF PROVISIONS RELATING TO COMPLIANCE 
                   WITH EXISTING FEDERAL LAW.

       (a) State Plans.--The assurances provided by a State under 
     section 202(a)(3) that the State will comply with existing 
     Federal laws, including the laws described in such section, 
     need only be provided insofar as such laws relate to the 
     provisions of this Act.
       (b) Request for Certification.--The specific and detailed 
     demonstration provided by a State or locality under section 
     212(c)(1)(A) that the State or locality will comply with the 
     laws described in such section need only be provided insofar 
     as such laws relate to the provisions of this Act.
                                  ____

  SA 2977. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC. ____. STUDY AND REPORT ON FIRST TIME VOTERS WHO REGISTER 
                   BY MAIL.

       (a) Study.--
       (1) In general.--The Election Administration Commission 
     established under section 301 (in this section referred to as 
     the ``Commission'') shall conduct a study of the impact of 
     section 103(b) on voters who register by mail.
       (2) Specific issues studied.--The study conducted under 
     paragraph (1) shall include--
       (A) an examination of the impact of section 103(b) on first 
     time mail registrant voters who vote in person, including the 
     impact of such section on voter registration;
       (B) an examination of the impact of such section on the 
     accuracy of voter rolls, including preventing ineligible 
     names from being placed on voter rolls and ensuring that all 
     eligible names are placed on voter rolls; and
       (C) an analysis of the impact of such section on existing 
     State practices, such as the use of signature verification or 
     attestation procedures to verify the identity of voters in 
     elections for Federal office, and an analysis of other 
     changes that may be made to improve the voter registration 
     process, such as verification or additional information on 
     the registration card.
       (b) Report.--Not later than 18 months after the date 
     described in section 103(b)(2)(A), the Commission shall 
     submit a report to the President and Congress on the study 
     conducted under subsection (a)(1) together with such 
     recommendations for administrative and legislative action as 
     the Commission determines is appropriate.
                                  ____

  SA 2978. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 565, to establish the Commission on Voting Rights 
and Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC. ____. REVISION OF RELATIONSHIP TO OTHER LAWS.

       Notwithstanding section 402, the rights and remedies 
     established by such section are in addition to all other 
     rights and remedies provided by law, and neither the rights 
     and remedies established by such section nor any other 
     provision of this Act shall supersede, restrict, or limit the 
     application, nor authorize or require conduct that is 
     prohibited by, any of the laws described in such section.

                          ____________________