[Congressional Record Volume 148, Number 39 (Thursday, April 11, 2002)]
[Senate]
[Pages S2527-S2556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Mr. DASCHLE. Mr. President, I thank the distinguished chairman and
ranking member of the Rules Committee, Senators Dodd and McConnell, for
their incredible leadership, perseverence and hard work in getting us a
strong bipartisan election reform bill.
I also thank Senators Schumer, Bond, Torricelli, McCain and Durbin
for their tireless efforts in crafting this bipartisan substitute
amendment. Without their collaboration and compromise, we would not
even be considering, let alone passing, this very important piece of
legislation.
It has been several months since we first began floor consideration
of this bill, and I appreciate the tireless efforts, and diligence that
Senator Dodd has maintained. Without his leadership we would not be
here today.
By working together, our colleagues have produced legislation that
will protect the most basic of all American rights: the right to vote,
and to have that vote counted.
This bill represents a fair, balanced, and responsible approach.
It will ensure that nondiscriminatory voting procedures exist in
every polling place, while strengthening the integrity of the Federal
election process.
We all know why this bill is necessary.
We remember the stories from the 2000 elections about: inadequate
voter education; confusing ballots; outdated and unreliable voting
machines; poll workers who were unable to assist voters who needed
assistance because they were overwhelmed or undertrained, or both; and
registered voters who were wrongly denied the right to vote, because
their English was less than perfect, their name was mistakenly purged
from a registration list, or some other equally unacceptable reason.
We heard reports of police roadblocks and other barriers that
prevented some voters from even reaching the polls, not in the 1920s or
30s, or even the 1960s, but in 2000.
Today, we are celebrating the 34th anniversary of the 1968 Civil
Rights Act, which prohibited discrimination in the sale, rental, or
financing of housing.
In every generation, we have tried to tear down barriers to full
participation in the life of this Nation.
But there is one means of participation that forms the foundation of
every other: the right to vote.
And that is why we cannot allow those barriers to voting, physical or
otherwise, which so tainted our democracy in the last century, to
stretch into this one.
In all, it is estimated that between 4 million and 6 million
Americans were unable to cast a vote, or did not have their vote
counted, in the 2000 elections.
Between 4 and 6 million Americans, disenfranchised. In this day and
age, that is simply unacceptable.
It is not enough for Congress to document or decry the problems we
saw in the last election. We need to fix the problems before the next
election.
It should not matter where you live, what color your skin is, or who
you vote for. In America, the right to vote must never be compromised.
Too many people have given too much to defend that right.
Our system leaves it to States to decide the mechanics of election
procedures.
But the right to vote is not a State right. It is a constitutional
guarantee. And it is up to us to see that it is protected.
Not all States experienced problems with voting in the last election.
And some States that did have problems have taken steps to rectify
them, and they are to be commended for that.
But there are still States, nearly 17 months after the 2000
elections, where equal access to the voting booth is not guaranteed. It
is time for this Congress to step in and enact basic standards, to
ensure that every American who is eligible to vote can vote.
That is what this bill does.
It requires States to ensure that their voting equipment meets
minimum Federal standards for accuracy.
It says that voters who cast ``over-votes'' must be notified, and
given a chance to correct their ballot.
It ensures that voting machines are accessible to individuals with
disabilities, as well as those with limited English proficiency.
It establishes statewide computerized voter registration lists.
And it allows individuals whose names don't appear on voting lists to
cast ``provisional'' ballots.
If it is determined that the person's name was left off the
registration list mistakenly, the vote will then be counted. This will
prevent voters from having to wait hours at the polls, or not vote at
all, simply because of someone else's clerical mistake.
These are not onerous requirements, and they are not unfunded
mandates. This bill includes $3.5 billion for States, to help them
upgrade their voting systems. And it establishes a new,
[[Page S2528]]
bipartisan commission to oversee the grant program and administer
voting system standards.
I commend my colleagues, particularly the sponsors of this bill, for
bringing us such a fair and balanced proposal. And for committing their
time and energy to seeing this through.
I am hopeful that this bill will move through conference quickly so
we can implement these reforms as soon as possible.
If people are denied their right to vote on issues that affect them
directly, or if they fear their votes are not counted, democracy itself
is threatened. If that happens, both parties, and all Americans, lose.
This bill will go a long way in restoring the integrity of our system
and ensuring that all Americans will be truly able to exercise their
right to vote.
Voting is the most basic right in our democracy, the one that
guarantees the preservation of all other rights against governmental
tyranny.
Let us now pass this bill and protect that most basic right.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. DODD. Mr. President, how much time remains?
The PRESIDING OFFICER. Nine minutes.
Mr. DODD. How much on the Republican side?
The PRESIDING OFFICER. Almost 4 minutes.
Mr. DODD. Almost 4 minutes.
Mr. President, why don't I yield myself 5 minutes, and then the
Senator from Kentucky may want to speak for 1 minute, and then we will
just move on to the amendments.
Mr. President, first of all, I explained the order of the votes that
will occur.
I express my thanks to Senator Daschle and his staff and to Senator
Lott and his staff. I know I probably tried the patience of all the
staffs of both sides over the last number of weeks as we moved this
product forward to get to the point where we are today. I would not
want to leave this debate without expressing publicly my sincere
gratitude to both the Democratic and Republican floor staffs and the
cloakroom staffs for their expression of patience--I say that
diplomatically--over the last number of weeks.
Secondly, I express my gratitude to my colleagues in the other body
who have worked very hard on this as well. John Conyers from Michigan
is my principal co-author, if you will, of this proposal on the House
side, along with my colleagues here, although Congressman Ney and
Congressman Hoyer also have a very important bill they passed in the
House, and we will be working with them.
Eddie Bernice Johnson, Silvestre Reyes, the respective heads of the
Black Caucus and Hispanic Caucus, as well as friends from the AFL-CIO,
worked hard on this.
The Leadership Conference on Civil Rights--I will have printed in the
Record the respective members of the Leadership Conference; it is a
lengthy list--but I express my gratitude to them as well for their
efforts.
I join my colleague, Senator Mitch McConnell, in expressing our
gratitude to the members of our committee, Senator Schumer and Senator
Torricelli, who worked diligently to bring us to this point. I also
want to join the Ranking Member in thanking our colleagues who are not
part of the committee. I say to Senator Bond, I really meant what I
said last evening. I think--I say to my colleague through the Chair--
but for the provisions you added, which are the antifraud provisions, I
think this bill would be a far weaker bill, and I am not sure we would
even have gotten a bill. So while not a member of the Rules Committee,
I know Senator McConnell and I are deeply appreciative of your
contribution to this effort.
Senator Wyden and Senator Cantwell worked through the Oregon and
Washington issue with their respective colleagues. Gordon Smith was
very concerned about this; Patty Murray as well. We thank them for
their efforts.
The staffs of our respective offices--Shawn Maher, Kennie Gill and
Ronnie Gilliespie, and Carole Blessington, Sue Wright, and Jennifer
Cusick who supported them as well--I thank them for their work. I also
thank Tam Somerville, Brian Lewis, and Leon Sequeira of Senator
McConnell's staff; Julie Dammann and Jack Bartling of Senator Bond's
staff; Sharon Levin and Polly Trottenberg of Senator Schumer's staff;
Sara Wills of Senator Torricelli's staff; Carol Grunberg of Senator
Wyden's staff; and Beth Stein of Senator Cantwell's staff. I thank them
for their terrific work. If I have left anyone out, I will add their
names before the Record is closed today.
I said this before, but Senator McConnell and I are of different
political parties. We share the distinction of having gone to the same
law school. We represent the alumni association of the University of
Louisville. We share that point in common.
I wish to tell him how much I appreciate his efforts. I know he has a
lot of things going on. He has had a huge battle on campaign finance
reform that occurred in the middle of all of this. The fact that he and
his staff would find time to help us work through this election reform
bill is something for which I will always be grateful to him. I know I
was hounding him. I know I bothered Brian and Jack and others to get
this done. And they showed patience, as well, to me and my staff. I am
really grateful to them for their help on that.
Lastly--it has been said by others--I know we have a lot of important
bills we deal with. We have the energy bill we are considering. We have
appropriations bills. And we are dealing with homeland security and
terrorism issues.
I do not minimize at all the importance of that. But this bill goes
beyond any specific current issue--it goes to the heart of who and what
we are as Americans. Aside from the obvious results of the 2000
elections which provoked, I suppose, this discussion and this bill--
this effort is not about addressing a single issue or event. We are
dealing with the underlying structure of our very Government.
Patrick Henry once said that: The right to vote is the right upon
which all other rights depend. The idea that by this legislation we
make it easier to vote in this country and more difficult to scam the
system is not an insignificant contribution. It may not get the
notoriety of other provisions, but the fact that we are proposing to
spend $3.5 billion of taxpayer money on our elections system to allow
States to improve equipment, to allow people who are disabled, blind to
be able to cast a ballot in private and independently--the idea that we
are going to have statewide voter registration lists, provisional
balloting, these are major, major changes in the law. In addition this
bill provides for the establishment of the independent commission on
elections, as well as, of course, the antifraud provisions.
I have been proud of a lot of things with which I have been involved
in my 22 years. Nothing exceeds the sense of pride I have this morning,
as we close out the debate, on this bill and this Senate
accomplishment.
Mr. DODD. Mr. President, today is an historic day in the Senate
marked by passage of S. 565, the Martin Luther King, Jr. Equal
Protection of Voting Rights Act. It has been my great honor and
privilege to have served as Chairman of the Rules and Administration
Committee during the pendency of this legislative effort and to have
served as floor manager during the Senate consideration.
This is landmark legislation. By enacting this bipartisan bill, the
Senate will have established the authority, and responsibility, of
Congress to regulate the administration of Federal elections, both in
terms of assuring that voting systems and procedures are uniform and
nondiscriminatory for all Americans and in ensuring the integrity of
federal election results. The House has already passed similar
legislation and I am confident that a House-Senate conference can act
expeditiously to send this measure to the White House.
While we should not underestimate the significance of this action, we
have been careful not to overstate the federal role in the
administration of Federal elections. This legislation does not replace
the historic role of state and local election officials, nor does it
create a one-size-fits-all approach to balloting.
It does establish minimum Federal requirements for the conduct of
Federal elections to ensure that the most fundamental of rights in a
democracy--
[[Page S2529]]
the right to vote and have that vote counted--is secure.
In Bush v. Gore, the Supreme Court condemned a recount process that
was `` . . . inconsistent with the minimum procedures necessary to
protect the fundamental right of each voter . . . ''
The basic equal protection doctrine underlying the majority opinion
in Bush v. Gore is consistent with the principle of equal weight
accorded to each vote and equal dignity owed to each voter. The Court
stated in pertinent part:
The right to vote is protected in more than the initial allocation of
the franchise. Equal protection applies as well to the manner of its
exercise. Having once granted the right to vote on equal terms, the
state may not, by later arbitrary and disparate treatment, value one
person's vote over that of another.
This legislation ensures that every eligible American voter is
assured of such minimum procedures. Only then can we be sure that every
eligible American citizen has an equal opportunity to cast a vote and
have that vote counted, so that the integrity of the results of our
Federal elections remains unchallenged. That is the minimum that a
Federal legislature should do to ensure the vitality of its democracy.
This journey to secure our democratic system of government began when
the presidential November 2000 general election exposed to the citizens
of this Nation, and the people of the entire world, the inadequacies of
our Federal elections system. Throughout the last fifteen months of
Congressional review, hearings, and legislative consideration, the
efforts of this Senator have been guided by the words of Thomas Paine
who described the right to vote as the ``primary right by which other
rights are protected.'' I would suggest that those are the words that
should guide the consideration and review of this legislative effort.
The bipartisan compromise being adopted by the Senate today is the
culmination of several months of work by a dedicated group of our
colleagues with strongly held and diverse views on how best to improve
our system of Federal elections. The compromise is just that--it is not
everything that all of us wanted, but it is something that everyone
wanted. And the more than 40 amendments adopted during the debate have
further improved the measure. Clearly, in the case of this legislation,
the ability of the Senate to freely work its will through amendment and
debate has produced a superior product.
This bill is the culmination of efforts begun by the distinguished
ranking member, Senator McConnell, in the fall of 2000, as then-
Chairman of the Senate Rules Committee.
Shortly after the November 2000 general election, then-Chairman
McConnell announced a series of hearings on election reform. Under his
leadership, the Committee held an initial hearing on March 14, 2001.
After the leadership of the Senate changed on June 6, 2001, I
announced that election reform would continue to be the primary
legislative priority of the Committee. As a result, the Rules Committee
held an additional three days of hearings last year on election reform,
including an unprecedented, and enlightening, field hearing in Atlanta,
Georgia on July 23.
The Committee received testimony and written statements from a
conglomeration of civil rights organizations, Congressional House
members and caucuses, State and local election officials, study
commissions, election associations, task forces, academics, and average
voters.
But it was the field hearing in Atlanta that underscored this
Senator's belief that this issue is not about what happened in one
State or in one election. Election reform is about the systemic flaws
in our Federal election system that we have long neglected--flaws which
the problems in Florida in November 2000 simply brought to our nation's
attention.
Prior to the Atlanta hearing, the chief election official of the
State of Georgia, Cathy Cox, testified to her experience. In her words:
As the presidential election drama unfolded in Florida last
November, one thought was foremost in my mind: there but for
the grace of God go I. Because the thought is, if the
presidential margin had been razor thin in Georgia and if our
election systems had undergone the same microscopic scrutiny
that Florida endured, we would have fared no better. In many
respects, we might have fared even worse.
Ms. Cox testified before the Rules Committee at its field hearing in
Atlanta, hosted by my good friend, the Senator from Georgia, Senator
Max Cleland. Ms. Cox reflected what many of our state and local
election officials believe--it could have been any State in the media
spotlight that year--any state where the election was close.
In fact, according to the Caltech-MIT report, other States, including
Georgia, Idaho, Illinois, South Carolina, and Wyoming, and other
cities, such as Chicago and New York, had higher rates of spoiled and
uncounted ballots than Florida. Nor were these problems limited to just
the November presidential election.
The shortcomings in our election process have existed in many
elections in States across this Nation. The Caltech-MIT report found
that there have been approximately 2 million uncounted, unmarked or
spoiled ballots in each of the last four presidential elections. During
hearings before the Senate Rules Committee last year, Carolyn
Jefferson-Jenkins, President of the League of Women Voters, testified
that:
. . . [t]he kinds of problems that we saw in 2000 are not
unusual. They represent the harvest from years of
indifference that has been shown toward one of the most
fundamental and important elements in our democratic system.
This concern was confirmed by the General Accounting Office, GAO,
which conducted several comprehensive studies on the administration of
elections. GAO found that 57 percent of voting jurisdictions nationwide
experienced major problems conducting the November 2000 elections.
Following the Rules Committee hearings, the Committee met on August 2
and voted to order reported S. 565, the Equal Protection of Voting
Rights Act. Shortly thereafter, I approached Senator Bond and Senator
McConnell and suggested that we attempt to find a bipartisan way to
approach election reform. We were joined by Senator Schumer and Senator
Torricelli and began meeting to craft a bipartisan compromise that
could be enacted prior to the completion of this Congress.
Each of my colleagues brought a unique perspective to the table.
Senator McConnell has been steadfast in his pursuit of a new,
bipartisan agency to ensure the continuing partnership between the
Federal, State and local governments in Federal elections.
Senator Bond's long-standing interest in ensuring the integrity of
Federal elections is reflected in the anti-fraud provisions contained
in this compromise. Senator Schumer and Senator Torricelli were among
the first members of the Rules Committee to introduce bipartisan reform
measures, and their commitment to the bipartisan process is evident
throughout this compromise.
I am grateful to all of them, and to their very talented staff, for
the time and dedication that each one committed to ensuring that a
bipartisan solution could be presented to the Senate.
Throughout this process, all of us were committed to seeing
meaningful reform enacted. All of us were convinced that real reform
had to make it easier to vote but harder to defraud the system.
These twin goals--making it easier to vote and harder to corrupt our
Federal elections system--underpin every provision of this compromise.
These goals are fundamental to ensuring that not only does every
eligible American have an equal opportunity to vote and have that vote
counted, but that the integrity of the results is unquestioned.
Nothing in this legislation, and no words spoken by this Senator in
this debate, should be construed to call into question the results of
the November 2000 elections. This effort is not about assessing whether
a particular candidate was legitimately elected. The fact that Congress
may ultimately enact minimum Federal requirements for the conduct of
Federal elections should not imply that prior elections conducted
inconsistently with such requirements are somehow less legitimate.
But what we cannot fail to recognize is that the mere closeness of
the presidential election in November 2000 tested our system of Federal
elections to its limits and exposed both its strengths and its
failures.
[[Page S2530]]
To underscore the uniqueness of the November 2000 general election,
the Carter-Ford National Commission on Federal Election Reform
observed, and I quote in pertinent part:
In 2000 the American electoral system was tested by a
political ordeal unlike any in living memory. From November 7
until December 12 the outcome of the presidential election
was fought out in bitter political and legal struggles that
ranged throughout the state of Florida and ultimately
extended to the Supreme Court of the United States. Not since
1876-77 has the outcome of a national election remained so
unsettled, for so long. The nineteenth century political
crisis brought the United States close to a renewal of civil
war. Fortunately, no danger of armed conflict shadowed the
country in this more recent crisis. The American political
system proved its resilience. Nonetheless, the . . . election
shook American faith in the legitimacy of the democratic
process. . . . [I]n the electoral crisis of 2000 . . . the
ordinary institutions of election administration in the
United States, and specifically in Florida, just could not
readily cope with an extremely close election.
The legitimacy of our democratic process was called into question by
a close election because some Americans--be they people of color, or
language minority, or disability, or lesser economic condition--
believed that the voting system they used, or the administrative
processes they encountered, did not provide them an equal opportunity
to cast their vote and have that vote counted.
The U.S. Commission on Civil Rights conducted an extensive study on
voting irregularities that occurred in Florida during the 2000
presidential election. The Commission found that African-Americans were
nearly 10 times more likely than white voters to have their ballots
rejected. The Commission found that poorer counties, particularly those
with large minority populations, were more likely to use voting systems
with higher spoilage rates than more affluent counties with significant
white populations.
Additionally, an independent review of Florida's election systems
conducted by members of the media found that, quoting from the New York
Times and Washington Post:
Black precincts had more than three times as many rejected
ballots as white precincts in [the November 2000]
presidential race in Florida, a disparity that persists even
after accounting for the effects of income, education and bad
ballot design . . . [s]imilar patterns were found in Hispanic
precincts and places with large elderly populations.
Again, this problem was not limited to Florida. The Committee also
heard testimony at the Atlanta hearing that nearly half of all black
voters in Georgia used the ``least reliable equipment,'' while less
than 25 percent of white voters used that same equipment.
Election reform is clearly the first civil rights battle of the 21st
century. As Congresswoman Maxine Waters, Chairperson of the Democratic
Caucus Special Committee on Election Reform, has stated, ``there is no
question, that the right to vote is the most important civil rights
issue facing our Nation today.'' The Committee heard testimony to this
effect at the Atlanta field hearing from Reverend Dr. Joseph E. Lowery,
Chairman of the Georgia Coalition for the People's Agenda. Reverend
Doctor Lowery testified that:
No aspect of democracy is more sacred than the right to
vote and to have those votes counted. In 1965, thousands of
us marched from Selma to Montgomery to urge this nation to
remove any and all barriers based on race and color and
ethnicity related to the right to vote. . . . Dr. King could
not have anticipated that once we secured the ballot in 1965,
that we would be back here in 2001 demanding that our
government now assure us that our votes are fairly and
accurately counted.
And we must ensure that all Americans have an equal opportunity to
have their votes counted.
That is why this Senate, and this Congress, and this President,
cannot squander this opportunity to reinforce the strengths and correct
the failures in our system of Federal elections. To fail to act would
be nothing less than an abdication of our collective obligations.
Luckily, unlike many other challenges that are presented to the U.S.
Congress, the vast majority of flaws in our federal election system are
eminently fixable. As the Carter-Ford Commission found, ``the
weaknesses in election administration are, to a very great degree,
problems that government can actually solve.''
Further, the Rules Committee found remarkable consensus regarding the
problems that exist with our Federal election systems and the statutory
changes that need to be made in response. The distinguished Ranking
Member, Senator McConnell, noted during one of our hearings that the
message to Congress was unanimous: ``Congress must act, and act soon,
to come to the aid of states and localities.''
And such cannot be accomplished in a partisan manner. Only through a
bipartisan effort to assess and support the strengths and identify and
correct the failures can we achieve meaningful, and lasting, election
reform.
I submit to my colleagues that the provisions of the bipartisan
substitute we are voting on today are intended to accomplish just that.
The principle behind our approach is very simple. The Federal
Government has an obligation to provide leadership, both in terms of
establishing minimum Federal requirements for the conduct of Federal
elections and in terms of providing financial resources to State and
local governments to meet those minimum requirements.
For too long leadership at the federal level has been lacking. After
the elections of November 2000, Congress can no longer afford to ignore
our obligation to the States to be an equal partner in the
administration of the elections that choose our national leadership.
The provisions of this bipartisan compromise attempt to meet our
obligation by establishing minimum Federal requirements--not a-one-
size-fits-all solution--but broad standards that can be met in
different ways by every balloting system used in America today. And
this bipartisan compromise provides the necessary resources to fully
fund these requirements in every one of the 186,000 polling places
across this Nation.
Let me first give my colleagues a broad overview of what the bill we
are about to adopt does and then go through each section to more fully
explain how the provisions will work.
The compromise bill, as improved by amendments adopted during Senate
debate, establishes three Federal minimum requirements for Federal
elections that will affect voting systems, including machines and
ballots, and the administration of Federal elections. These three
requirements touch the very voting systems and administrative
procedures that alienated Americans across this Nation in November of
2000 and called into question the integrity of the final election
results.
The first requirement sets minimum Federal standards that voting
systems and election technology must meet by the federal elections of
2006. Essentially, these common sense standards are designed to provide
notice and a second-chance voting opportunity for all eligible voters,
including the disabled, the blind and language minorities, in case the
voter's ballot was incorrectly marked or spoiled.
This requirement conforms to important recommendations from the
Caltech-MIT and Carter-Ford Commission reports. As the Carter-Ford
report stated, we must `` . . . seek to ensure that every qualified
citizen has an equal opportunity to vote and that every individual's
vote is equally effective.''
The Carter-Ford report specifically recommended that the Federal
Government develop a comprehensive set of voting equipment system
standards. The Commission also took great pains to encourage the use of
technology and election systems that ensure the voting rights of all
citizens, including language minorities. Similarly, the Caltech-MIT
report emphasized the importance of equipment that allows voters to fix
their mistakes, provides for an audit trail, and is accessible to the
disabled and language minorities.
The second requirement provides that all voters be given a chance to
cast a provisional ballot if for some reason his or her name is not
included on the registration list or the voter's eligibility to vote is
otherwise challenged.
Almost every organization that has examined election problems has
recommended the adoption of provisional
[[Page S2531]]
voting, including, but not limited to the: National Association for the
Advancement of Colored People (NAACP); National Commission on Federal
Election Reform (Carter-Ford Commission); National Association of
Secretaries of State (NASS); National Association of State Election
Directors (NASED); National Task Force on Election Reform; Democratic
Caucus Special Committee on Election Reform; Caltech-MIT Voting
Technology Project; Constitution Project; League of Women Voters (LWV);
American Association of Persons with Disabilities (AAPD); Leadership
Conference on Civil Rights (LCCR); National Council of La Raza (NCLR);
Asian American Legal Defense and Education Fund (AALDEF); U.S.
Commission on Civil Rights; and Federal Election Commission.
The Caltech-MIT report estimates that the aggressive use of
provisional ballots could cut the lost votes due to registration
problems in half. The Carter-Ford Commission recommended going even
farther than the compromise. The Commission noted, ``No American
qualified to vote anywhere in her or his State should be turned away
from a polling place in that State.''
According to a survey by the Congressional Research Service, at least
15 States and the District of Columbia have a provisional ballot
statute; 17 States have statutes that provide for some aspects of a
provisional balloting process; and 18 States have no provisional ballot
statute but have related provisions. For example, five of these States
have same-day voter registration procedures and at least one State,
North Dakota, does not require any voter registration.
Studies by GAO confirm that over three-quarters of the jurisdictions
nationwide had at least one procedure in place to help resolve
eligibility questions for voters whose name does not appear on the
registration list at the polling place. However, the procedures and
instructions developed to permit provisional voting differed across
jurisdictions.
Provisional voting, as defined under the bipartisan compromise, would
avoid situations like the one recounted to the Democratic Caucus
Special Committee on Election Reform by two citizens living in
Philadelphia, Juan Ramos and Petricio Morales.
They testified that in Philadelphia, voters whose names did not
appear on the precinct roster were forced to travel to police stations
and go before a judge, who would then determine whether or not they had
the right to vote. Not surprisingly, many voters whose names were
missing from the list wound up not voting rather than face these
intimidating logistical hurdles.
If an individual is motivated enough to go to the polls and sign an
affidavit that he or she is eligible to vote in that election, then the
system ought to protect that individual's right to cast a ballot, even
if only a provisional ballot. And that right is so fundamental, as is
evidenced by its widespread use across this Nation, that we must ensure
that it is offered to all Americans, not in an identical process, but
in a uniform and nondiscriminatory manner.
And that is what the compromise accomplished by ensuring that so long
as the minimum standards were satisfied regarding the provisional
voting process, it does not matter what that provisional balloting
process is called so long as it is a way to ensure equal access to the
ballot box. While all jurisdictions must meet this requirement, the
amendment offered by the Senator from New Hampshire, Senator Gregg,
further clarifies that those States which are currently exempt from the
provisions of the National Voter Registration Act, or Motor-Voter, can
meet the requirements for provisional balloting through their current
registration systems.
The second requirement also provides that election officials post
information in the polling place on election day, such as a sample
ballot and voting instructions to inform voters of their rights.
Provisional balloting must be available by the Federal elections of
2004, while the posting of voting information on election day must
begin upon enactment of the legislation.
GAO found that the two most common ways jurisdictions provided voter
information were to make it available at the election office and to
print it in the local newspapers.
With respect to sample ballots, 91 percent of the jurisdictions
nationwide made them available at the election office, and 71 percent
printed them in the local newspaper. Nationwide, 82 percent of the
jurisdictions printed a list of polling places in the local paper.
In contrast, only 18 percent to 20 percent of jurisdictions
nationwide placed public service ads on local media, performed
community outreach programs, and put some voter information on the
Internet. Mailing voter information to all registered voters was the
least used approach, with 13 percent of the jurisdictions mailing
voting instructions, 7 percent mailing sample ballots; and finally, 6
percent mailing voter information on polling locations.
The third requirement is intended to facilitate the administration of
elections, especially on election day, and to guard against possible
corruption of the system. This requirement calls for the establishment,
by Federal elections in 2004, of a statewide computerized registration
list that will ensure all eligible voters can vote. It will also ensure
that the names of ineligible voters will not appear on the rolls.
The Carter-Ford Commission explicitly recommended that every state
adopt a system of statewide voter registration. The Caltech-MIT report
similarly recommended the development of better databases with a
numerical identifier for each voter. The Constitution Project also
called for the development of a statewide computerized voter
registration system that can be routinely updated and is accessible at
polling places on election day.
Additionally, this requirement establishes identification procedures
for first-time voters who have registered by mail. In order to ensure
against fraud and the possibility that mail-in registrants are not
eligible to vote, first-time voters unless otherwise exempted will
present verification of their identify at the polling place or submit
such verification with their absentee ballot. The manager's amendment
adopted last evening harmonizes this provision with the 2004 effective
date for provisional balloting and the creation of computerized
statewide registration lists. This is an important change that
recognizes the administrative burden of the provision on both States
and voters and so provides adequate time for jurisdictions to come into
compliance and educate voters about the new provision. This amendment
also establishes a uniform effective date of January 1, 2003 for first-
time voter registration subject to the first-time voter provision. This
assures that all eligible voters, regardless of where they live or
vote, will know that if they register to vote after that date, they
will have to meet the new requirements for first-time mail-registrant
voters.
In order to fund these requirements and other election reforms by the
States, the bipartisan compromise establishes three grant programs. The
first grant program, the requirements grant program, provides funds to
State and local governments to implement these three requirements. The
compromise authorizes $3 billion over 4 years, with no matching
requirement, for this purpose. Under the amendment offered by Senators
Collins, Jeffords and others, as adopted by the Senate, each State will
receive a minimum grant equal to one-half of 1 percent of the total
appropriation.
The second grant program is an incentive grant program designed to
authorize $400 million in this fiscal year to allow State and local
governments to begin improving their voting systems and administrative
procedures, even before the requirements go into effect. These funds
may also be used for reform measures, such as training poll workers and
officials, voter education programs, same-day registration procedures,
and programs to deter election fraud.
Finally, in response to the GAO report that 84 percent of all polling
places, from the parking lot to the voting booth, remain inaccessible
to the disabled, the compromise creates a third grant program to
provide funds to States and localities to improve the physical
accessibility of polling places. This important initiative will help
assure that no matter what the physical impediment, all eligible
Americans will be able to not only reach and enter the polling place,
but enter the voting
[[Page S2532]]
booth to cast their ballot as well. While this bill does not eliminate
curbside voting, the amendment offered by Senators McCain and Harkin,
and incorporated into the bill, as well as provisions of the amendment
by Senator Thomas adopted last night, expresses the sense of the Senate
that curbside voting be the last alternative used to accommodate
disabled voters. We are hopeful that these funds will make that a
reality.
The final provision of the compromise establishes a new, bipartisan
Federal agency to administer the grant programs and provide on-going
support to State and local election officials in the administration of
Federal elections. This new entity reflects an appropriate continuing
federal role in the administration of Federal elections.
This bipartisan Federal election commission will be comprised of four
presidential appointees, confirmed by the Senate, who will each serve a
single, 6-year term. In order to ensure that all actions taken by the
commission are strictly bipartisan, including the approval of any
grants and the issuance of all guidelines, every action of the
commission must be by majority vote.
With that overview, let me go through the compromise and explain its
provisions in greater detail. The first title of the bill lays out
three uniform and nondiscriminatory election technology and
administration requirements which shall be met.
Although some have advocated instituting optional reforms, others
have insisted that only minimum Federal requirements would ensure that
every eligible voter can cast a vote and have that vote counted. The
co-author of the ``Equal Protection of Voting Rights Act'' who serves
as the ranking Democrat of the House Judiciary Committee, Congressman
John Conyers, cautioned in his testimony before the Rules Committee
against adopting measures that would allow ``States to simply elect to
opt out of any standards,'' noting that past landmark civil rights
bills, including the Voting Rights Act and the Americans with
Disabilities Act, also set minimum Federal standards.
As the Democratic Caucus Special Committee on Election Reform
reported:
We do not believe that funding, without some basic minimum
standards, is sufficient to achieve meaningful reform. If
states were allowed to opt out of the recommended changes in
Federal elections, voters in those States would be denied the
opportunity to participate in Federal elections on the same
basis as voters in other States which adopt the reforms. In
presidential elections, where the votes of citizens in one
State are dependent on the votes of citizens in others, this
discrepancy could diminish the impact of votes in those
States that agree to implement these reforms.
The requirements approach is also supported by six members of the
Carter-Ford Commission, who wrote in an additional statement following
the report that Congress should insist upon certain requirements,
including voting systems and practices that produce low rates of
uncounted ballots, accessible voting technologies, statewide
provisional balloting, and voter education and information, including
the provision of sample ballots.
As Christopher Edley, Jr., a member of the Carter-Ford Commission and
professor at Harvard Law School, wrote, ``At their core, their reforms
are intended to vindicate our civil and constitutional rights. They are
too fundamental to be framed as some intergovernmental fiscal deal,
bargained out through an appropriations process.''
These requirements are not intended to produce a single uniform
voting system or a single set of uniform administrative procedures. On
the contrary, they are intended to ensure that any voting system and
certain administrative practices meet uniform standards that result in
an equal opportunity for all eligible Americans to cast a ballot and
have that ballot counted.
GAO found that both a jurisdiction's voting equipment and its
demographic make-up had a statistically significant effect on the
percentage of uncounted votes. As a result, GAO found that counties
with higher percentage of minority voters had higher rates of uncounted
votes. GAO also reported that the percentages of uncounted presidential
votes were higher in minority areas than in others, regardless of
voting equipment. These findings underscore the importance of
instituting minimum Federal requirements that will ensure that all
voters have an equal opportunity to vote and have their vote counted,
regardless of their race, disability or ethnicity or the state in which
they reside.
The House Democratic Caucus Special Committee on Election Reform
specifically recommended that Congress institute minimum national
standards that require voting systems with error detection devices that
are fully accessible to elderly voters, voters with physical
disabilities, and visually impaired voters. Likewise, six members of
the Carter-Ford Commission advised Congress to require states and
localities to use voting technologies that produce low rates of
uncounted ballots, are accessible to voters with disabilities, are
adaptable to non-English speakers, and allow all voters to cast a
secret ballot.
The first requirement establishes standards that all voting systems
must meet for any Federal election held in a jurisdiction after January
1, 2006.
It is important to note, that with regard to effective dates, the
actual date on which the requirements must be implemented will vary
from jurisdiction to jurisdiction depending upon when the first Federal
election occurs in 2006. A Federal election is intended to include a
general, primary, special, or runoff election for Federal office.
There are five basic standards that all voting systems shall meet
under the first requirement:
First, a notification procedure to inform a voter when he or she has
over-voted, including the opportunity to verify and correct the ballot
before it is cast and tabulated. This first standard is modified for
voting systems in which the voter casts a paper or punch card ballot or
votes are counted at a central location, as provided for in the
amendment offered by Senator Cantwell and incorporated into the bill.
Second, all voting systems must produce a record with an audit
capacity, including a permanent paper record that will serve as an
official record for recounts. As the Chairman of the Rules Committee,
let me advise my colleagues of the importance of this feature in the
unlikely event that a petition of election contest is filed with the
Senate. Often, in order to resolve such contests, the Rules Committee
must have access to an audit trail in order to determine which
candidate received the most votes.
Third, all voting systems must be accessible to persons with
disabilities.
Fourth, all voting systems must provide for alternative language
accessibility; and
Fifth, all voting systems must meet a Federal error rate in counting
ballots, which will be established by the new election administration
commission.
A few of these standards merit additional discussion. With regard to
the first standard, which requires notification to the voter of an
over-vote, there has been a great deal of misunderstanding about this
provision. The compromise before us made significant changes in the
original bill reported by the Rules Committee. The original bill
required that voting systems notify a voter of both over-votes and
under-votes. This compromise deletes the required notification of an
under-vote. While the new commission is charged with studying the
feasibility of notifying voters of under-votes, there is no under-vote
notification requirement in the compromise.
To further clarify the purpose of over-vote notification, there is no
intent to have an adverse impact on any jurisdiction with election
administration procedures for instant runoff or preferential voting.
All jurisdictions, including Alaska, California, Florida, Georgia, New
Mexico and Vermont are not prohibited from using such voting procedures
to conduct instant runoff or preferential under this Act.
Notification is an essential standard because it provides an eligible
voter a ``second chance'' opportunity to correct his or her ballot
before it is cast and tabulated.
The Caltech-MIT report emphasized the need for voting equipment that
``. . . give[s] voters a chance to change their ballots to fix any
mistakes . . .'' Similarly, the Carter-Ford Commission explicitly
recommended that: ``Voters should have the opportunity to correct
errors at the precinct or other polling place . . .''
[[Page S2533]]
With regard to the notification, it is the voting system itself, or
the educational document, and not a poll worker or election official,
which notifies the voter of an over-vote. The sanctity of a private
ballot is so fundamental to our system of elections, that the language
of this compromise contains a specific requirement that any
notification under this section preserve the privacy of the voter and
the confidentiality of the ballot.
The Caltech-MIT study noted that secrecy and anonymity of the ballot
provides important checks on coercion and fraud in the form of
widespread vote buying.
This concern for preserving the sanctity of the ballot, as well as
practical differences in paper ballots versus machines, led us to
create an alternative notification standard for paper ballots, punch
card systems, and central count systems.
Paper ballot systems include those systems where the individual votes
a paper ballot that is tabulated by hand. Central count systems
includes mail-in absentee ballots and mail-in balloting, such as that
used extensively in Oregon and Washington State, and to a lesser extent
in Alaska, California, Colorado, Florida, Kansas, and 13 other States
where a paper ballot is voted and then sent off to a central location
to be tabulated by an optical scanning or punch card system. Under the
bill as clarified by Senator Cantwell's amendment, a mail-in ballot or
mail-in absentee ballot is treated as a paper ballot for purposes of
notification of an over-vote under section 101 of this compromise, as
is a ballot counted on a central count voting system. However, if an
individual votes in person on a central count system, as is used in
some states which allow early voting or in-person absentee voting, for
that voter, such system must actually notify the voter of the over-
vote.
In the case of punch cards and paper ballot and central count
systems, including mail-in ballots and mail-in absentee ballots, the
state or locality need only establish a voter education program
specific to that voting system in use which tells the voter the effect
of casting multiple votes for a single Federal office.
Regardless of a punch card system or a paper ballot voting system,
all mail-in ballots and mail-in absentee ballots must still meet the
requirement of providing a voter with the opportunity to correct the
ballot before it is cast and tabulated under section 101 of this
compromise.
I also want to note for the record that although this compromise
provides an alternative method of notifying voters of over-votes for
punch card and paper ballot systems, nothing in this legislation
precludes jurisdictions from going beyond what is required, so long as
such methods are not inconsistent with the Federal requirements under
this title or any law described in section 402 of this Act.
In fact, Cook County, Illinois uses a punch card reader that can be
programmed to notify the voter of both over-votes and under-votes. It
is my understanding that this technology can provide an individual
voter with such notification in a completely private and confidential
manner. The system allows the voter to correct his or her ballot or
override the notice if the voter so desires.
As for the other types of voting systems, namely lever machines,
precinct-based optical scanning systems, and direct recording
electronic systems--or DREs--the voting system itself must meet the
standard. Specifically, the voting system must be programmed to permit
the voter to verify the votes selected, provide the voter with an
opportunity to change or correct the ballot before it is cast or
tabulated, and actually notify the voter if he or she casts more than
one vote for a single-candidate office.
Again, it is important to understand that it is the machine itself,
and not the poll worker or official, that notifies the voter.
We believe that the bill as amended recognizes the inherent
differences between paper ballot systems and mechanical or electronic
voting systems, and is a reasonable accommodation which nonetheless
ensures that all voters will have the information and the notice
necessary to avoid spoiling their ballot due to an over-vote.
Let me also take a minute to discuss the disabled accessibility
standard. This is perhaps one of the most important provisions of this
compromise. The fact is ten million blind voters did not vote in the
2000 elections in part because they cannot read the ballots used in
their jurisdiction. In this age of technology that is simply
unacceptable.
The Committee received a great deal of disturbing testimony regarding
the disenfranchisement of Americans with disabilities. Mr. James
Dickson, Vice President of the American Association of People with
Disabilities, testified that our Nation has a ``. . . crisis of access
to the polling places.'' Twenty-one million Americans with disabilities
did not vote in the last election--the single largest demographic
groups of non-voters.
To respond to this ``crisis of access,'' this compromise requires
that by the federal elections of 2006, all voting systems must be
accessible for individuals with disabilities, including nonvisual
accessibility for the blind and visually impaired. Most importantly,
that accommodation must be provided in a manner that provides the same
opportunity for access and participation, including privacy and
independence, as for other voters.
In order to assist the states and localities in meeting this
standard, the bill adds an important new provision that allows
jurisdictions to satisfy this standard through the use of at least one
direct recording electronic (DRE) voting system in every polling place.
Let me note that these voting systems are not just for the use of the
disabled. According to GAO, approximately 12 percent of registered
voters nationwide used DREs in the last Federal election. Obviously,
anyone in the polling place can use the system. But these machines can
be manipulated by not only the blind and vision-impaired, but by
paraplegic and other individuals with motor skill disabilities.
Furthermore, the Caltech-MIT study suggests that DREs have the
potential to allow for more flexible user interfaces to accommodate
many languages. This means that DRE voting systems can also be used to
meet the accessibility requirements for language minorities as well.
Moreover, the bill does not require that a jurisdiction purchase a DRE
to meet the accessiblity requirements. Jurisdictions may also choose to
modify existing systems to meet the needs of the disabled.
Some of my colleagues have expressed concerns that this may be a
wasteful requirement for jurisdictions that have no known disabled
voters. Let me make clear that the purpose of this requirement is to
ensure that the disabled have an equal opportunity to vote, just as all
other non-disabled Americans, with privacy and independence. It is
simply not acceptable that the disabled should have to hide in their
homes and not participate with other Americans on election day simply
because no one knows that they exist.
I have indicated my willingness to look at the impact of the each of
the bill's provisions on small communities and rural areas in
conference, and the amendment by Senator Thomas adopted last evening
expresses that. With regard to the disability provisions, I will do so
with the twin goals of ease of administration but equality of voting
opportunity in mind.
Finally, let me touch on the issue of alternative language
accessibility. This standard generally follows the procedures for
determining when a language minority must be accommodated under the
Voting Rights Act, with an important difference. The Voting Rights Act
recognizes only four general groups of language minorities: Asian
Americans, people of Spanish heritage, Native Americans and native
Alaskans.
This compromise leaves in place the numerical triggers under the
Voting Rights Act. It merely allows groups who otherwise do not meet
the very narrow definition in the Voting Rights Act to nonetheless
receive an alternative language ballot. So, if a Haitian or a Croatian
population meets the numerical triggers, they, too, will have access to
bilingual materials in their native language.
With the addition of section 203 in 1975 to the Voting Rights Act of
1965, Congress sought to increase voter turnout of language minorities
by requiring bilingual voting assistance.
In 1992, Congress amended, reauthorized and strengthened section 203
by
[[Page S2534]]
passing the Voting Rights Language Assistance Act with an expiration
date of 2007.
This Act requires states and political subdivisions with significant
numbers of non-English speaking citizens of voting age to improve
language assistance at the polls for American voters. The required
bilingual assistance includes bilingual ballots, voting materials, and
oral translation services.
These bilingual services are triggered when the Census Bureau
determines that more than 5 percent of the voting age citizens are of a
single language minority and are limited-English proficient; or more
than 10,000 citizens of voting age are members of a single language
minority who are limited in their English proficiency.
Here we are in 2002 with the same concerns for our language
minorities. Accordingly, our compromise follows the Congressional
tradition of strengthening voting assistance to our language minority
citizens by including language minority groups that were not included
in earlier amendments to the Voting Rights Act. It merely widens the
coverage of language minorities to ensure that a large number of
limited-English speakers may participate in the elections process.
This is accomplished by ensuring alternative language accessibility
to voting systems, provisional balloting, and inclusion as a registered
voter in the statewide voter registration lists. These safeguards
provide an equal opportunity for all eligible language minorities to
cast a vote and have that vote counted.
In the spirit of minority language accessibility under the Voting
Rights Act, the purpose of this bill is to establish uniform,
nondiscriminatory standards for voting systems and administration of
elections. To continue to recognize only four distinct language
minority groups is neither uniform nor nondiscriminatory.
This Act also provides for a Commission study to determine whether
the voting systems are, in fact, capable of accommodating all voters
with a limited proficiency in the English language and make necessary
recommendations.
This compromise includes provisions specifying how lever voting
systems may meet the multilingual voting requirements if it is not
practicable to add the alternative language to the lever voting system
and the state or locality has filed a request for a waiver.
Finally, the requirement that voting systems meet a uniform, national
error rate standard is a particularly important reform. Requiring
voting systems to conform to a nationwide error rate ensures the
integrity of the results and greater uniformity and nondiscriminatory
results in the casting and tabulating of ballots. It is important to
note that error rates encompass more than just errors due to the
mechanical failure of the equipment and can reflect design flaws that
impede the ability of voters to accurately operate the voting system.
Error rates should reflect the design, accuracy, and performance of
systems under normal voting conditions.
Similarly, operating failures of the voting system, or voter
confusion about how to operate technology or use various types of
ballots, may be the result of unclear instructions or poor ballot
design. The Committee received information from the American Institute
of Graphic Arts regarding the importance of design in the voting
experience. AIGA has been working with the Federal Election Commission
to educate the FEC on the importance of communication design. It would
be appropriate for the new Election Administration Commission to study
the issue of communication design criteria and consider incorporating
such ideas into its guidelines.
In order to ensure that states and localities have sufficient time to
meet these requirements, the compromise directs that the Office of
Election Administration--which is currently housed at the Federal
Election Commission but will be transferred to the new Election
Administration Commission--issue revised voting system standards by
January 1, 2004, two years before the standards must be in place. This
should give vendors sufficient time to modify and certify their
products and allow State and local governments to procure DREs which
are disable accessible for each polling place.
Most importantly, the compromise states that nothing in the language
of the voting system requirements shall require a jurisdiction to
change their existing voting system for another. Unlike the H.R. 3295,
the bill that passed the House, this compromise presumes, protects, and
preserves, all methods of balloting. And while some systems may have to
be enhanced or modified to some extent, or additional voter education
conducted, no jurisdiction is required by this bill to exchange the
current voting system used in that jurisdiction with a new system in
order to be in compliance.
However, the voting system that is in use must meet these standards
in order to ensure that all eligible voters have access to a uniform,
nondiscriminatory system.
It is vitally important that the Congress institute these basic
voting system standards. As Congresswoman Eddie Bernice Johnson, Chair
of the Congressional Black Caucus testified, ``All over the world, the
United States is seen as the guarantor of democracy. This country has
sent countless scores of observers to foreign lands to assure that the
process of democracy is scrupulously maintained. We cannot do less for
ourselves than we have done for others.''
The second Federal minimum requirement contained in the compromise
provides for provisional balloting and the posting of voting
information in the polling place on election day.
For Federal elections beginning after January 1, 2004, State and
local election officials shall make a provisional ballot available to
voters whose names do not appear on the registration rolls or who are
otherwise challenged as ineligible.
In order to receive a provisional ballot, the voter must execute a
written affirmation that he or she is a registered voter in that
jurisdiction and is eligible to vote in that election. Once executed,
the affidavit is handed over to the appropriate election official who
must promptly verify the information and issue a ballot.
The election official then makes a determination, under state law, as
to whether the voter is eligible to vote in the jurisdiction, or not,
and shall count the ballot accordingly.
It is important to note that in some jurisdictions, the verification
of voter eligibility will take place prior to the issuance of a ballot
based upon the information in the written affidavit. In other
jurisdictions, the ballot will be issued and then laid aside for
verification later. Both procedures are equally valid under the
compromise, and the amendment adopted last evening, offered by the
Senator from Michigan, Senator Levin, reflects that. The authors of the
compromise have repeatedly said that we do not require a one-size-fits-
all approach to elections in this bill. The same is true for the
provisional balloting requirement which provides flexibility to states
to meet the needs of their communities in slightly differing ways.
In order to ensure that voters who cast provisional ballots are
properly registered in time for the next election, within 30 days of
the election the appropriate election official must notify, in writing,
those voters whose ballots are not counted. A voter whose provisional
ballot is counted does not have to be individually notified of such.
This bipartisan compromise requires all 50 States and the District of
Columbia to provide for provisional balloting in Federal elections,
even if a State also permits same-day registration or requires no
registration. In States without voter registration requirements,
provisional balloting will protect the rights of voters whose
eligibility to cast a ballot is officially challenged, for whatever
reason, at the polling place.
In States with same-day voter registration, the right to cast a
provisional ballot will protect an eligible voter who pre-registers and
whose name is not on the official list of eligible voters or whose
eligibility is challenged by an election official, but who cannot re-
register on Election Day. For example, a properly registered legal
voter heading to the polls might not carry the identification required
by the State for same-day voter registration. Under this compromise, if
that voter's
[[Page S2535]]
name does not appear on the list of eligible voters or the voter's
eligibility is officially challenged, the voter could cast a
provisional ballot. If the voter does have the identification required
to register on Election Day, he or she would have the option of
registering again and casting a ballot in accordance with state law.
Same-day registration thus not only boosts voter turnout but also
offers another way that states can guard against disenfranchising
voters as the result of registration problems that arise on election
day.
This compromise further ensures that a voter will receive a
provisional ballot if he or she needs one. The provisional ballot will
be counted if the individual is eligible under State law to vote in the
jurisdiction. It is our intent that the word ``jurisdiction,'' for the
purpose of determining whether the provisional ballot is to be counted,
has the same meaning as the term ``registrar's jurisdiction'' in
section 8(j) of the National Voter Registration Act.
However, the appropriate election official must also establish a free
access system, such as a toll-free phone line or Internet website,
through which any voter who casts a provisional ballot can find out
whether his or her ballot was counted, and if it was not counted, why
it was not counted. Voters casting a provisional ballot will be
informed of this notification process at the time they vote. And the
compromise requires that the security, confidentiality, and integrity
of the information be maintained.
In order to ensure that voters are aware of the provisional balloting
process and are provided information about sample ballots and their
voting rights, the compromise requires that certain election
information be posted at the polling place on election day. This is a
significant change from the original bill which required an actual
mailing to each registered voter or the equivalent of such notice
through publication and media distribution. Although some states
already mail individual sample ballots to the homes of registered
voters and post voting information in the polling place, the compromise
will establish a national uniform standard with respect to voting
information.
Like provisional voting, increased voter education is widely
endorsed. The Carter-Ford report recommends the use of sample ballots
and other voter education tools. The report of the Democratic Caucus
Special Committee on Election Reform also urged increased voter
education efforts, especially targeted to new voters.
The Caltech-MIT report advocates increased voter education, including
the publication of sample ballots, providing instructional areas at
polling places, and additional training for poll workers, as a way to
reduce the number of lost votes. Other organizations support additional
voter education, including the League of Women Voters, the Constitution
Project, and the NAACP.
Voter education is particularly important for communities
disproportionately impacted by the current inadequacies in our voting
systems. As Anil Lewis, President of the Atlanta metropolitan chapter
of the National Federation of the Blind, testified to at the Committee
hearing in Atlanta:
Many of the disenfranchised, disabled voters do not have
[a] record of knowing that the polls are now accessible. Many
of them, out of frustration, have refused to go to the polls
to vote. They have not taken advantage of the absentee
opportunity to vote as an absentee ballot, but by educating
them that these accommodations are now in place, we are going
to increase the vote turnout for people with disabilities.
Hilary O. Shelton, president of the Washington, D.C. chapter of the
NAACP, testified before the Committee about poll workers who told
African-American voters that they could not have another ballot after
they had made a mistake on their first one, despite a State statutory
requirement that voters be given another punch card if they needed one.
The clear message the Committee received is that voters, particularly
those with special needs, simply do not know what services and voting
opportunities are available to them. This requirement will ensure that
voting information will be provided.
The specific information that must be posted in the polling place
includes: a sample ballot with instructions, including instructions on
how to cast a provisional ballot; information regarding the date and
hours the polling place will be open; information on the additional
verification required by voters who register by mail and are voting for
the first time; and general information on voting rights under Federal
and State law and instructions on how to contact the appropriate
official if such rights are alleged to have been violated.
The requirement for posting voting information in the polling place
is effective for federal elections which occur after the date of
enactment of the legislation.
While it is not anticipated that extensive guidelines will be
necessary to implement the provisional ballot requirement, any such
guidelines must be issued by January 1, 2003, either by the Department
of Justice, or the new Election Administration Commission if it is up
and running.
The third requirement calls for the creation of a statewide
computerized voter registration list and new verification procedures
for first-time voters who register by mail. This requirement will
facilitate the administration of election day activities and addresses
concerns about possible voter registration fraud. Although GAO found
there is less than a 1 percent to 5 percent incident of fraud
nationwide the reality is that even an insignificant potential for
fraud can undermine the confidence of voters, election officials,
political parties, etc., in the results of a close election.
More specifically, GAO found as a general matter that most
jurisdictions did not identify this type of fraud as a major concern,
because state and local election officials have established procedures
for preventing mail-in absentee fraud.
GAO estimated that less than 1 percent to 5 percent of jurisdictions
nationwide experienced special problems with absentee voting fraud
during recent elections. However, the absentee voting fraud concerns
tend to fall into three categories, including: one, someone other than
the appropriate voter casting the mail-in absentee ballot; two,
absentee voters voting more than once; and three, voters being
intimidated or unduly influenced while voting the mail-in absentee
ballot.
GAO also reported that during the November 2000 elections, local
election jurisdictions used several procedures to prevent fraud in the
above three areas, including providing notice to such voters about the
potential legal consequences of providing inaccurate or fraudulent
information on the balloting materials.
Finally, GAO reported that some of the local election officials
commented that they had referred certain cases to the local District
Attorney's office for possible prosecution.
Specifically, the third requirement of the compromise provides that
each State, acting through the chief State election official, shall
establish an interactive computerized statewide voter registration list
by the first Federal election in 2004.
This computerized list must contain the name and registration
information for every legally registered voter in the State. To ensure
accurate list maintenance and to deter potential fraud, the list must
assign a unique identifier to each voter, and the list must be
accessible to State and local election officials in the State.
Furthermore, the compromise permits the use of social security numbers
for voter registration while ensuring that privacy guarantees are
maintained.
List maintenance must be performed regularly, and the purging of any
name from the list must be accomplished in a fashion that is consistent
with provisions of the National Voter Registration Act, more commonly
known as the Motor-Voter law.
While this compromise reflects a belief that technology can provide
an effective deterrent to fraud through the use of computerized
registration lists, the amendment offered last evening by Senator
Nickles also ensures that such technology is not subject to
unauthorized use by hackers or others who wish to defraud the system by
use of technology. Similarly, voting system error rates doe not include
system security. A voting system with a computer modem, such as used in
the DRE and optical scan technology, could be compromised through a
computer network. Senator Nickles amendment requires that State and
local officials address
[[Page S2536]]
the security of voting systems technology. It would also be appropriate
for the new commission to consider developing security protocols for
voting systems as a part of its overall responsibility for overseeing
the creation and updating of the voluntary voting system standards.
Essentially, the compromise provides for the removal of individuals
from official voter registration lists if such individuals are not
eligible to vote. There are many reasons an individual might be
ineligible to vote. The individual may have moved outside the State or
may have died. Some may have been convicted of a felony or been
adjudicated incompetent, either of which may under some State laws
could end the individual's eligibility.
The compromise provides a mechanism for removing the names of such
individuals from the rolls. Under this mechanism there are three
essential elements. First, the individual is to be notified that the
State believes he or she is ineligible. Second, the individual is to
have an opportunity to correct erroneous information or to confirm that
his or her status has changed. And third, if the individual has not
responded to the notice, the individual is to be given an opportunity
to go to the polls and correct erroneous information and then vote.
This third element is needed to ensure that the right to vote is not
dependent on the mails. It allows an individual to correct erroneous
information when that individual goes to the polls. These are the
mechanisms outlined in the National Voter Registration Act, and these
are the mechanisms that will be used under this compromise to remove
any ineligible individuals from the voter registration rolls.
In addition, under this compromise, a State or its subdivisions shall
complete, not later than 90 days prior to the date of an election, any
program that systematically removes the names of ineligible voters from
an official list of eligible voters.
And, of course, any voter removal system must be uniform,
nondiscriminatory and in compliance with the Voting Rights Act. The
voter removal system shall not result in the removal of the name of any
person from the official list of voters registered to vote in an
election for Federal office by reason of the person's failure to vote.
The managers of this bill intend to ensure, and the legislation
ensures, that only voters who are not registered or who are not
eligible to vote are removed from the voter rolls.
As a practical matter, once the computerized list is up and running,
list maintenance will be almost automatic. While many of us have read
of allegations of massive duplicate registrations, the truth is that
even though duplicate names appear on more than one jurisdiction's
list, the vast majority of voters only live in one place and only vote
in one place.
In a highly mobile society likes ours voters move constantly. And
while they may remember to change their mailing address with the post
office, with utility companies, and with the bank and credit card
companies, they may not even think about changing their address with
the local election official until it comes time to vote.
If there is no statewide system for sharing such information, voters
can easily remain on lists long after they have moved. If the State or
jurisdiction is not vigilant about conducting list maintenance, the
number of so-called duplicate names can easily grow.
The State of Michigan has a very good system which we used as a model
for judging what was possible under this requirement. As I understand
it, under the Michigan system, when a voter changes his or her address,
the address change is entered into the system, and it automatically
notifies both jurisdictions simultaneously. This results in an
automatic update which precludes the possibility of duplicate
registration.
Moreover, while the compromise does not require it, many States will
make this computerized list available to local officials at the polling
place on election day. This tool can then be used to immediately verify
registration information at the polling place, without the frustration
of dialing into a toll-free number that always rings busy.
Let me also address an issue that has been raised by local election
officials. Some local officials are concerned that they will lose the
ability to effectively manage their voter rolls if the primary
responsibility for input and list maintenance is shifted to the State.
This requirement does not specify who is responsible for the daily
maintenance of the list--that is left to each State to decide as it
best sees fit. However, in order to have an interactive statewide list,
a central authority must have the ultimate responsibility for
establishing such a computerized system.
That responsibility falls clearly to the chief State election
official. This proposal envisions close cooperation and consultation
with local election officials who are interacting with new voters every
day.
Several States have already begun implementing such systems or have
been running such systems for years. The Council of State Governments
notes that the States of Oklahoma, Kentucky and Michigan have
particularly good models for other States to follow.
To further guard against potential fraud, the third requirement also
establishes new verification procedures for first-time voters who
register by mail.
In the case of an individual who registers by mail, the first time
the individual goes to vote in person in a jurisdiction, he or she must
present to the appropriate election official one of the following
pieces of identification: a current valid photo id; or a copy of any of
the following documents: a current utility bill; a bank statement; a
government check; a paycheck; or another government document with the
voter's name and address.
The compromise does not specify any particular type of acceptable
photo identification. Clearly, a driver's license, a student ID, or a
work ID that has a photograph of the individual would be sufficient.
If the voter does not have any of these forms of identification, he
or she must be allowed to cast a provisional ballot, following the
procedures outlined in the second requirement of the compromise under
Section 102.
In the case of a voter who registers by mail and votes absentee for
the first time in the jurisdiction, the voter must include a copy of
one of these pieces of identification with their absentee ballot.
It is important to note that it is the voter, and not the State or
local election official, who determines which piece of identification
is presented for the purposes of casting a provisional ballot.
A first-time voter may avoid producing identification at the polling
place or including it with an absentee ballot by mailing in a copy of
any of the listed pieces of identification with his or her voter
registration card.
Additionally, as added by the amendment of the Senator from Oregon,
Senator Wyden, adopted last evening, the voter may choose to submit his
or her driver's license number or the last four digits of his or her
Social Security number which the State can then match against an
existing database to see if the number submitted match the name,
address, and number in the state file. In the event that a first-time
mail-registrant voter cannot produce the required identification, he or
she may cast a provisional ballot if voting in person. In the case of a
mail-in ballot, if the required identification verification information
is not included, the ballot will nonetheless be counted as a
provisional ballot.
This is an important and common sense change to the compromise which
preserves the anti-fraud provisions while at the same time providing
voters with more options for verifying their identity while increasing
the flexibility of State and local administrators to verify such
identity. Either way, it will be easier to vote and harder to defraud
the system. I am greatly appreciative to all of my colleagues, and
their staff, for working so diligently to achieve this modification.
The compromise also preserves the existing exemptions under the
Motor-Voter law under section 1973gg-4(c)(2) of title 42 in the
implementation of this compromise. A State may not by law require a
person to vote in-person if that first-time voter is: one, entitled to
vote by absentee ballot under section 1973ff-1 of title 42 of the
Uniformed
[[Page S2537]]
and Overseas Citizens Absentee Voting Act; two, provided the right to
vote otherwise than in-person under section 1973ee-1(b)(2)(b)(ii) and
1973ee-3(b)(2)(b)(ii) of the Voting Accessibility for the Elderly and
Handicapped Act; and three, entitled to vote otherwise than in-person
under any other Federal law.
There is no question about the intent to this Senator. The exemptions
under Motor-Voter are preserved under this compromise. There is no
attempt to change current law with respect to preserving the long-
standing practice of States permitting eligible uniform service voters
and eligible American overseas voters to continue to vote by absentee
ballot without this first-time voters requirement attaching.
Similarly, there is no attempt to change current law with respect to
preserving the States' practice of permitting disabled voters and
senior voters to continue to vote by absentee ballot without this
first-time voter requirement attaching.
According to GAO, ``All states provide for one or more alternative
voting methods or accommodations that may facilitate voting by people
with disabilities whose assigned polling places are inaccessible.'' For
example, all States have provisions allowing voters with disabilities
to vote absentee without requiring notary or medical certification
requirements, although the procedures for absentee voting vary among
States. The GAO State survey demonstrates that all States permit
absentee voting for voters with disabilities. There is no intent to
change the underlying law for any of these covered individuals since
covered individuals are not subject to the requirements for first-time
voters under Section 103.
Finally, the compromise adds two new questions to the mail-in
registration form under the Motor-Voter law. These questions are
designed to assist voters in determining whether or not they are
eligible to register to vote in the first place and thus reduce the
number of ineligible applications. When a non-citizen fills out a voter
registration form while waiting to renew a driver's license, or a 16
year-old high school senior applies to vote along with his or her
classmates during the voter registration drive at the high school, it
does not mean that these individuals are attempting to defraud the
system. They may actually be very civic-minded individuals who are just
misinformed about whether or not they are eligible to register.
These two additional questions will help alert such voters to the
fact that they are not yet eligible to vote. First, the mail-in
registration card must include the question with a box for checking
``yes'' or ``no'': ``Are you a citizen of the United States of
America?'' Second, the mail-in registration card must include the
question with a box for indicating ``yes'' or ``no'': ``Will you be 18
years of age on or before election day?'' If a voter answers ``no'' to
either question, the registration card must instruct the voter not to
fill out the form.
There has been an issue raised with regard to those States that allow
for early registration and the impact of this provision on that.
However, this bill only applies to Federal elections and a voter must
be 18 years of age to vote in a Federal election. This requirement does
not affect State law with regard to the minimum age for registration.
To the extent that guidelines are required to implement the statewide
computerized voter list requirement or the first-time voter provision,
the Department of Justice, or the new commission if it has been
constituted, must issue these guidelines by October 1, 2003.
As with any such law, enforcement of the three requirements in Title
I will fall to the Department of Justice, and the rights and remedies
established under this bill are in addition to all others provided by
law.
Title II of the measure before us contains three grant programs to
assist states in meeting the minimum Federal requirements and to fund
other election reform initiatives.
From the beginning of this debate it has been clear to this Senator
that the Federal Government has not lived up to its responsibility to
ensure adequate funding for the administration of Federal elections.
The fundamental principle of this bipartisan compromise is that if the
Federal Government is going to establish minimum requirements for the
conduct of Federal elections, then we must provide the resources to
State and local governments to meet those requirements.
Of equal importance is the principle that there should not be a one-
size-fits-all approach to meeting the Federal minimum requirements.
Consequently, the compromise provides broad latitude to States and
localities on how they meet the minimum requirements and what specific
activities they fund with the Federal grants.
The first grant program authorizes $3 billion over 4 years for grants
to State and local governments to be used to meet the three minimum
Federal requirements of the bill. The only limitation on the use of
these funds is that they be used to ``implement'' these requirements.
The compromise envisions that implementation activities may vary widely
both between States and across jurisdictions within a State. Clearly,
funds may be used to purchase new voting systems or enhance or modify
existing ones.
Obviously, specific grant approvals will necessarily have to be made
by the Department of Justice or the new Election Administration
Commission once it becomes effective, in light of the overall funding
requests. However, it is the intent of this Senator that States and
localities be given broad latitude in making the case that the reforms
they seek to fund are in direct support of the implementation of these
requirements.
For example, a State may decide to upgrade an entire State from a
lever voting system to an electronic system in order to meet the
accessibility standard for the disabled. Clearly, the purchase of a
new, statewide system would be an authorized activity used to implement
the voting system standards of the first minimum requirement. But to
meet the same requirement, another State might use these funds to lease
one DRE machine for each polling place. That would be equally allowable
and in compliance with this compromise.
Similarly, if some jurisdictions within a State use a central count
punch card system, funds may be used to implement the voter education
program required to notify voters of the effect of an over-vote, while
other jurisdictions within that same State might use the funds to
purchase precinct-based optical scan systems.
If a State or jurisdiction appears to already meet the requirements
of the bill, but wishes to upgrade old equipment to newer models or add
improvements to ensure that it will continue to be in compliance, such
would also be an allowable use of funding.
The compromise also authorizes retroactive payments for those
jurisdictions which incurred expenses on or after January 1, 2001 for
costs that would otherwise have been incurred to implement the minimum
requirements. An amendment offered by Senators Chafee and Reed, which
was adopted by the Senator, clarifies that multi-year contract for the
purchase of voting systems can also qualify for retroactive payments.
There is no matching requirement for these grants. If we are going to
require that States and localities meet certain minimum Federal
standards with regard to Federal elections, then we should provide them
with the Federal resources to do so.
The requirements of the grant application process are designed
specifically to allow both States and localities to apply for funds
without creating either overlapping funding or inconsistencies within
States.
To apply for funds to implement the requirements, States must submit
an application to the attorney general with a State plan.
The State plan contains four basic components.
First, a description of how the state will use the funds to meet the
three minimum requirements, including a description of how State and
local election officials will ensure the accuracy of voter registration
lists; and the precautions the State will take to prevent eligible
voters from being removed from the list.
Second, an assessment of the susceptibility of Federal elections in
the State to voting fraud and a description of how the State intends to
address such.
[[Page S2538]]
Third, assurances that the State will comply with existing Federal
laws, specifically: Voting Rights Act; Voting Accessibility for the
Elderly and Handicapped Act; Uniformed and Overseas Citizens Absentee
Voting Act; National Voter Registration Act (or Motor-Voter); and
Rehabilitation Act of 1973.
Fourth, and finally, the State plan must include a timetable for
meeting the elements of the plan.
In order to ensure the broadest support for the State plan, it must
be developed in consultation with State and local election officials
and made available for public review and comment prior to submission
with any grant application.
In addition to the State plan, each application must include a
statement of how the State will use the Federal funds to implement the
State plan.
Localities may also submit a separate application for funds, but the
use of funds must be consistent with the State plan. The application
must also contain any additional information required by the attorney
general or the new commission once it is effective.
Grant recipients must keep such records as the attorney general
determines and, as is usually the case for Federal grant programs, any
grant recipient may be audited by the attorney general or comptroller
general. Grantees may be required to submit reports, and the attorney
general must report to Congress and the President annually on the
activities funded under this program.
One of the goals of this legislation is to encourage states and
localities to move forward with election reform initiatives and apply
for Federal grants, even before the effective dates established for
meeting those requirements.
This is reflected in the larger appropriations in the early years and
the fact that the appropriations remain available until expended.
This is one of the provisions of the committee-reported bill which
has been retained in the compromise. The requirements under this
compromise are so simple and so self-explanatory, that we do not
believe that complicated guidelines, much less full-blown regulations,
are going to be necessary to implement the requirements.
Consequently, the original bill, and this compromise, encourages
States and localities to move expeditiously by essentially providing
for a grandfathering of early action.
The compromise allows jurisdictions that apply for Federal grants
prior to the issuance of any guidelines or standards to nonetheless
receive funding to implement the requirements of the bill. If the
attorney general approves the grant, then that approval acts as a
determination that the State plan, and the activities in the State plan
which will be funded with the grant, are deemed to otherwise comply
with the minimum requirements of the bill.
However, in encouraging quick action we did not want to deter State
and local governments, much less penalize them if the early action they
took turns out to be somehow inconsistent with subsequently issued
guidelines. The most obvious instance in which this might occur would
be with regard to the voting system standards and the not-yet-issued
voting system error rate.
In order to avoid placing a State or locality at risk of non-
compliance, the compromise essentially grandfathers the action that the
State takes pursuant to an approved State plan and grant application
and provides a safe harbor from enforcement actions on that basis.
Without such a provision, the Federal Government might end up
literally funding a State or locality twice for essentially the same
reform--once when the State took early action and a second time when
any subsequent guidelines or standards were finally issued.
Moreover, in promoting early action, the safe harbor provision
attempts to give jurisdictions a reasonable amount of time to come into
compliance with any subsequently issued guidelines or standards by
extending the grandfather period to 2010, except for the requirements
for disability access. Although the effective dates for most of the
requirements are 2004 and 2006, this additional time period provided by
the grandfather provision will minimize the otherwise disruptive effect
to both voters and election officials of repeated changes to systems
and procedures. It will also provide those States poised to act with
the assurance that the decision to take early action will not end up in
an enforcement action.
With regard to the disability accessibility standard under the voting
system requirement, because the bill provides for a specific compliance
mechanism in the requirement of one DRE machine in every polling place,
it was believed that the extended safe harbor period was unnecessary
and potentially disruptive to the disabled community. Consequently, in
taking early action jurisdictions will still have to meet the
disability access standards by 2006.
Similarly, with this same goal of encouraging States to take early
action, the compromise creates a second incentive grant program
designed to fund other election reform initiatives not necessarily
funded under the requirements grant program.
The incentive grant program authorizes $400 million in this fiscal
year to fund such activities as: poll worker and volunteer training;
voter education; same-day registration procedures; procedures to deter
and investigate voting fraud; improvements to voting systems; and
action to bring the jurisdiction into compliance with existing civil
rights laws.
The compromise also establishes a program to recruit and train
college students to serve as poll workers.
The incentive grant programs has a matching requirement of 80 percent
Federal to 20 percent State or local funding. The attorney general,
however, can reduce the 20 percent matching requirement for States or
localities that lack resources.
Although grants cannot be used to implement reforms that are
inconsistent with the minimum Federal requirements, these grants can be
used to take interim action to bring voting systems into compliance.
As with the requirements grant program, early action under the
incentive grant program to implement the three minimum requirements is
similarly grandfathered to 2010, with the exception of the disability
requirements.
To apply for incentive grant funds, a State or locality submits an
application to the attorney general or the new commission upon its
enactment. Patterned after the requirements of the legislation
introduced by Senators McConnell and Schumer as S. 953, applications
for incentive grant funds must contain a specific showing that the
jurisdiction is in compliance with a number of existing civil rights
laws, including: Voting Rights Act; Voting Accessibility for the
Elderly and Handicapped Act; Uniformed and Overseas Citizens Absentee
Voting Act; National Voter Registration Act; Americans with
Disabilities Act; and Rehabilitation Act of 1973.
Before a grant application can be approved, the assistant attorney
general for civil rights must certify that the jurisdiction is either
in compliance, or has demonstrated that it will be using the grant
funds to come into compliance, with these laws. Entities which receive
funds to come into compliance with these laws are subject to audit.
The purpose of this provision is not to penalize or place in jeopardy
those jurisdictions which are attempting to overcome compliance issues.
Instead, it is intended to provide a source of funds for States or
localities to address compliance issues under existing civil rights
laws before facing the effective dates for minimum Federal standards
under this new civil rights law. To ensure that jurisdictions are not
penalized by this process, the compromise prohibits action being
brought against a State or local government on the basis of any
information contained in the application.
In order to ensure that these funds are available this year, the
attorney general must establish any general policies or criteria for
the application process so that grant applications can be approved no
later than October 1, 2002.
The final grant program contained in Title II of the compromise
provides funds to make polling places physically accessible to the
disabled. GAO found that 84 percent of all polling places in the United
States are not physically accessible from the parking area to the
voting room. Moreover, not one of the 496 polling places visited by GAO
on election day 2000 had voting equipment adapted for blind voters.
[[Page S2539]]
This is a modest grant program which authorizes $100 million
beginning in fiscal year 2002, with such funds to remain available
until expended. States or localities may use these funds to ensure
accessibility of polling places, including entrances, exits, paths of
travel and voting areas of the polling facility.
Funds may also be used for education and outreach programs for those
with disabilities to inform voters about the accessibility of polling
places. Education programs to train election officials, poll workers
and volunteers on how best to promote access and participation of
individuals with disabilities can also be funded under this program.
This grant program will also be administered initially by the
Department of Justice, and then by new Election Administration
Commission. However, the general policies and criteria for the approval
of applications for the accessibility grant program will be established
by the Architectural and Transportation Barriers Compliance Board, also
known as the Access Board, which was established under the
Rehabilitation Act of 1973.
The Access Board is uniquely qualified to determine what physical
modifications would be appropriate to make polling facilities
accessible to disabled voters. The Board must establish such policies
in time to ensure that applications can be approved by October 1, 2002.
Grants under the accessibility grant program are funded at an 80
percent Federal share, although the Attorney General can provide a
greater share to jurisdictions which lack resources. Grantees must keep
appropriate records and are subject to audit.
The final title of the compromise establishes a new independent
agency within the executive branch for administering the three grant
programs and providing on-going assistance to State and local
governments in the administration of Federal elections.
The Election Administration Commission will be composed of four
members appointed by the President and confirmed by the Senate. To
reflect the need for a continuing nonpartisan approach to election
administration, no more than two commissioners may be members of the
same political party.
In recognition of the national significance of these appointments and
to ensure the broadest bipartisan support for the President's nominees,
the four respective leaders of the House and Senate, including the
Speaker and the House Minority Leader and the Majority and Minority
Leaders of the Senate, shall each submit a candidate recommendation to
the President before the initial appointment of nominees and prior to
the appointment of a vacancy.
The qualifications for appointment to the new commission reflect the
desire to create a diverse and experienced commission that will bring
more to the job than just experience in election administration or
loyalty and service to a particular party. We would hope to also
attract scholars and historians who appreciate and understand the
broadest experience of voters of all backgrounds, abilities, and party
affiliations.
It would be this Senator's hope that we would attract candidates who
have an appreciation of the fundamental importance of the citizen vote
to a democracy and are committed to ensuring both the inclusiveness and
the integrity of Federal elections.
Specifically, commissioners are to be appointed on the basis of their
knowledge and experience with election law, election technology, and
Federal, State or local election administration, as well as their
knowledge of the Constitution and the history of the United States.
Appropriately, a commissioner at the time of appointment cannot be an
elected or appointed officer or employee of the Federal Government.
Unlike the House bill, this is a permanent, full-time commission.
Consequently, commissioners cannot engage in any other business or
employment while serving on the commission.
To ensure that the best talent that America has to offer will be
continually reflected in appointees, we limit each commissioner to one
6-year term. Similarly, to ensure the broadest participation in the
work of the commission, the compromise provides that a chair and vice-
chair must be of different parties and serve for a term of 1 year, and
an individual may serve as chair only twice during his or her 6-year
term.
The duties of the commission reflect the fundamental approach of this
compromise--that of forming a partnership between the Federal
Government and State and local election officials. The purpose of this
bill is not to replace or minimize the authority or responsibilities of
State and local election officials in administering Federal elections.
It is, however, an attempt to provide leadership at the Federal level,
in the form of both financial resources and minimum Federal
requirements, to ensure uniform and nondiscriminatory participation in
those elections.
Consequently, the duties of the commission augment, but do not
replace, those of State and local election officials. The commission
can best be viewed as a resource for election officials rather than as
a regulatory or enforcement body.
Primarily, the commission shall serve as a clearinghouse on Federal
election administration and technology by gathering information,
conducting studies and issuing reports on Federal elections. What
became evident in the Rules Committee hearings and discussions with
election officials across this Nation was the apparent lack of unbiased
information regarding election technology. Today, the primary source of
information about the efficiency and effectiveness of voting systems
and machines is often the manufacturer of the voting system or its
vendor. The commission can provide a much needed role as an unbiased
clearinghouse for technology assessments.
The compromise envisions that the current authority of the office of
election administration, at the Federal Election Commission, to develop
voluntary voting system standards would continue once this office is
transferred to the new commission. While the compromise does not
mandate what types of machines must be used in Federal elections, the
fact that it establishes minimum requirements for voting systems,
specifically acceptable error rates, necessitates that procedures for
testing and assessing voting technology will be required. Such would be
an appropriate activity for the new commission. To ensure that the
commission has the best advice on technical and accessibility matters
as it develops standards, the compromise directs the commission to
consult with the National Institute of Standards and Technology and the
Compliance Board in developing the standards.
The commission will also serve an important role in communicating
information regarding Federal elections to the public and the media.
Specifically, the compromise provides that the commission compile and
make available to the public the official results of elections for
Federal office and statistics regarding national voter registration and
turnout. The compromise also requires that the commission establish an
Internet website to facilitate public access, comment, and
participation in the activities of the commission.
The compromise does not go as far as the Carter-Ford Commission
recommended in this regard. As my colleagues may remember, the Carter-
Ford Commission recommended that
`` . . . news organizations should not project any presidential
election results in any State so long as polls remain open elsewhere in
the 48 contiguous States . . .'' and that Congress should consider
appropriate legislation, consistent with the first amendment to
encourage the media to withhold early results. While the commission is
in no way intended to replace the appropriate role of responsible media
in informing the public of the outcome of Federal elections, the 2000
presidential election highlighted the need for a national clearinghouse
for election results. Over time, the new commission may come to be
accepted as the most authoritative source of election results.
The commission will conduct on-going studies regarding election
technology and administration in addition to other subjects impacting
Federal elections. Over the course of the last year, a number of
excellent election reform proposals have been made that simply require
more study and review before they can be enacted.
[[Page S2540]]
Specifically, the commission is charged with making periodic studies
of the following: election technology, including both over-vote and
under-vote notification capabilities of such technology; ballots
designs for Federal elections; methods of ensuring accessibility to all
voters; nationwide statistics on voting fraud in Federal elections and
methods of identifying, deterring and investigating any such
corruption; methods of voter intimidation; the recruitment and training
of poll workers; the feasibility of conducting elections on different
days, or for extended hours, including the advisability of establishing
a uniform poll closing time or a federal holiday; Internet voting;
Media reporting of election related information; Overseas voters
issues; ways in which the Federal Government can assist in the
administration of Federal elections; and any other matters which the
commission deems appropriate.
The commission will be providing reports and recommendations for
administrative and legislative action. Through the oversight process, I
would anticipate that the Rules Committee will be reviewing those
recommendations and acting to bring additional reform proposals to the
floor in subsequent Congresses.
In addition to the study and clearinghouse authorities, the
commission is empowered to hold hearings, take testimony, and
administer such oaths as are necessary to carry out its
responsibilities. However, since the commission is not an enforcement
agency, it does not have the authority to issue subpoenas.
Most importantly, the commission will ultimately assume the ongoing
responsibility for administering the three minimum Federal requirements
and the three grant programs under the bill. But so as not to
discourage immediate election reform or delay the flow of Federal funds
to support reform, the compromise does not tie the effective dates of
the minimum requirements and the grant programs to the establishment of
the commission.
The compromise attempts to expedite the appointment of the
commissioners by requiring that the President act within ninety days of
the date of enactment. As Chairman of the Rules Committee, the
committee of jurisdiction over such nominations, it is my intent to
move expeditiously to consider the nominations if they occur this year.
But realistically, the President may require additional time to
appoint nominees and the committee cannot act until those nominations
are made. Because the compromise requires the commission to appoint
both the executive director and the general counsel by majority vote,
even once confirmed, it will take some time for the commissioners to
create a new agency and hire staff to administer over three billion
dollars in grant programs.
Consequently, the compromise initially places the administration of
both the Federal minimum requirements and the three grant programs at
the Department of Justice and provides for a transition of most, but
not all, of those authorities to the new commission upon its
establishment.
Specifically, the compromise transfers to the commission the
authority to issue standards or guidelines for the three minimum
Federal requirements, to issue policies and criteria for the three
grant programs, and to approve by majority vote all grant applications.
The Department of Justice retains the authority to approve State plans
submitted under the requirements grant program and the certification
authority under the incentive grant program.
In order to ensure that the transfer of authority does not impede the
continuity of the requirements or the expeditious review of grant
applications, the compromise sets specific dates by which the
commission must act to overturn or modify any action of the Department
of Justice.
If the Department of Justice has issued standards or guidelines
pursuant to the Federal minimum requirements, the commission must act
by majority vote within 30 days of the transition date to either affirm
that action or to issue revised standards or guidelines. If the
Department of Justice has not acted as of the transition date, then the
commission must act by majority vote by the later of the effective date
provided for in Title I or within 30 days of the transition date.
Similarly, if the Department of Justice has issued policies and
criteria for the approval of grant applications, the commission must
act by majority vote within thirty days of the transition date to
either affirm or modify such. If the Department of Justice has not
acted, the commission must similarly issue policies and criteria by the
later of the date specified in Title II or within 30 days of the
transition date.
The compromise defines the effective date of the transition as the
earlier of sixty days after all of the commissioners have been
appointed, or the date that is 1 year after the date of enactment of
the act.
While the compromise attempts to coordinate the transition dates for
transfer of responsibilities to the new agency with a reasonable time
frame for appointing and confirming commissioners, it remains the
prerogative of the President as to when he appoints and the will of the
Senate as to when it confirms. And until those two actions occur, the
commission will exist in name only and the Department of Justice will
be left to administer the act.
In addition to assuming certain authorities of the Department of
Justice under the bill, the new Election Administration Commission will
also assume certain functions of the Federal Election Commission.
First, all functions of the director of the Office of Election
Administration of the Federal Election Commission are transferred to
the new commission. Beginning on the transition date, the director of
the Office of Election Administration is named as the interim executive
director of the new commission and serves until an executive director
is appointed by a majority vote of the commission. The executive
director is appointed for a term of 6 years and may be reappointed by
majority vote of the commission for a second term.
Second, all functions of the Federal Election Commission under the
National Voter Registration Act of 1993, the so-called Motor-Voter Act,
are transferred to the new Election Administration Commission. Section
9 of the act provides that the Federal Election Commission shall
prescribe appropriate regulations necessary to carry out the act with
respect to developing a mail voter registration application form for
Federal elections and submit reports. The compromise also provides for
the transfer of Federal Election Commission personnel employed in
connection with the offices and functions which are transferred by the
act.
Finally, Title IV of the compromise clarifies the relationship of
this bill to other existing civil rights laws, and makes improvements
in voting procedures for members of the military.
With respect to criminal penalties, this compromise includes two
provisions that track existing laws and do not constitute new law. Both
provisions merely are restatements of the existing underlying laws and
do not alter the specific intent element described in sections 401(a)
or 401(b) of this compromise. In the amendment which I offered and was
adopted by the Senate, I inserted the existing specific intent of
``knowingly and willfully'' and ``knowingly'' in the respective
provisions to ensure that those standards are the explicit legal
standards of review for section 1973(i)(c) of title 42 and section 1015
of title 18 and therefore are the same standards to be applied under
this act.
The first provision recognizes that the criminal penalties
established under the National Voter Registration Act, specifically
section 1973(i)(c) of title 42 and means in plain language that it is
unlawful for any individual who knowingly and willfully gives false
information as to his or her name, address, or period of residence in
the voting district for the purpose of establishing his or her
eligibility to register or vote in an election for Federal office, or
conspires with another individual for the purpose of encouraging his or
her false registration to vote in an election for Federal office.
The second provision clarifies that any individual who commits fraud
or makes a false statement with regard to citizenship, such as in the
context of the new citizenship question on registration forms as
provided for under section 103 of the compromise, is in violation of
section 1015 of title 18 and
[[Page S2541]]
means in plain language that it is unlawful for any individual who
knowingly makes a false statement relating to naturalization,
citizenship or registry of aliens, for the purpose of establishing his
or her eligibility to register or vote in an election for Federal
office.
With regard to the effect of the bill on existing civil rights laws,
the compromise is specifically not intended to impair any right
guaranteed, nor require any conduct which is prohibited under the
various civil rights laws, nor are the provisions of the compromise
intended to supercede, restrict, or limit such other laws, including:
Voting Rights Act; Voting Accessibility for the Elderly and Handicapped
Act; Uniformed and Overseas Citizens Absentee Voting Act; National
Voter Registration Act of 1993; Americans with Disabilities Act of
1990; and Rehabilitation Act of 1973.
This Senator intents that nothing in this compromise should be
interpreted in any manner other than to protect and preserve any and
all rights guaranteed by these existing civil rights and voting laws.
For example, the approval of the Attorney General of any state plan
under the provisions of the requirements grant in Title II of the
compromise, or any other action taken by the Attorney General or a
state under the grant programs in Title II, specifically shall not have
any effect on requirements for pre-clearance under section five of the
Voting Rights Act.
We do not profess to have all the answers or even the best solution
for reforming our system of Federal elections. But we do present a
compromise that reflects an incremental step, but not a sea change, in
the role of the Federal Government in our Nation's system of
Federal elections. This compromise has been developed with a true sense
of the historical importance of the work and a fundamental belief that
only a bipartisan effort will be acceptable to the American people.
Let me address a final concern--and that is the constitutional
question of whether this bipartisan legislation is on its face,
constitutional. In the opinion of this Senator, this compromise is
entirely consistent with the scope of Congress's authority to enact
statutes regulating Federal elections.
According to the GAO study on the scope of congressional authority in
election administration, Congress has constitutional authority over
both congressional and Presidential elections. This report concludes
that there is a role for both the State and the Federal Government.
States are responsible for the administration of Federal, State and
local elections. But, notwithstanding the traditional State role in
elections, Congress has the authority to affect the administration of
elections in certain ways.
While the Constitution does not explicitly provide the right to vote,
many amendments to the Constitution protect the right to vote. Congress
has previously acted under this explicit grant of constitutional power
to protect the voting rights of eligible Americans.
Congress passed the landmark Voting Rights Act of 1965. More
recently, Congress enacted federal legislation to remove barriers to
voting for persons with disabilities, facilitate voting by those in the
military and Americans living overseas, and standardize voter
registration procedures under the Motor-Voter legislation.
When Congress enacted these Federal statutes, Congress legislated in
the subject matter of election administration in such areas as voting
rights, voter registration, absentee voting requirements, timing of
Federal elections, and accessibility for elderly and disabled voters.
Similarly, Congress also legislated to enforce prohibitions against
specific discriminatory practices in all elections, including Federal,
State, and local elections.
Congress's scope of power is derived from a number of constitutional
sources, including the 15th amendment's prohibition on voting
discrimination on the basis of race, color, or previous condition of
servitude; the 19th amendment's prohibition on the basis of sex; and
the 26th amendment's prohibition on the basis of age.
These three amendments do not grant the right to vote, but all three
prohibit States from denying the franchise to individuals who are
racial or ethnic minorities, women, or citizens aged 18 or older.
The Carter-Ford Task Force on Constitutional Law and Federal Election
Law also concluded that Congress has great power to regulate elections.
The task force makes the point that the Constitution grants to Congress
broad power to directly regulate Congressional elections, less power to
directly regulate Presidential elections, and less power still to
directly regulate state and local elections.
But as a practical matter, Congress has great power to collaterally
regulate all elections through its power over the ``time, place and
manner'' of Congressional elections and through its power to determine
how Federal funds are made available to States for expenditures. That
same authority derives from its enforcement powers of constitutional
safeguards, such as the equal protection clause and due process clause
of the 14th Amendment.
Opponents of this legislation might argue that it goes too far by
providing Federal requirements in the areas of voting system standards,
provisional voting and statewide voter registration lists. This Senator
does not believe that will prove to be the case.
While the precise parameters of Congressional authority in election
administration relating to presidential elections are unsettled and
have not been clearly established, the Supreme Court has recently
recognized that certain measures protecting voting rights are within
Congress's power to enforce the 14th and 15th Amendments, despite
administrative burdens placed on the States.
In Bush v. Gore which was decided following the November 2000
Presidential election, the Supreme Court held that differing
definitions of a vote within the state of Florida during the recount
violated the equal protection clause and were therefore
unconstitutional.
The enforcement powers from the 14th amendment alone provide adequate
support for all three of the minimum Federal requirements in the
bipartisan compromise bill. The reasoning of the Supreme Court in Bush
v. Gore suggests that there may be a compelling governmental interest
and constitutional authority for Congress to act in light of extensive
evidence that African American or Asian American voters, for example,
are being treated unequally with respect to their right to vote.
It should also be noted that while we take a different approach, the
Carter-Ford Commission's recommendations also include voting system
standards, provisional voting and a statewide voter registration
system. Many other commissions and study groups also consistently
recommended provisional voting.
We believe that the Constitution provides ample authority for these
minimum Federal requirements and all the other provisions in this
bipartisan compromise. Except in one instance, this legislation applies
only to elections for Federal office, putting this urgently needed
legislation beyond constitutional dispute.
I applaud the majority leader, Senator Daschle, for his commitment to
make this measure a priority of this session of Congress and for his
unfailing commitment to bring it to the floor for debate. I also
commend the distinguished Republican Leader, Senator Lott, for his
assistance in facilitating consideration of this bipartisan compromise.
Our distinguished colleagues in the House, Chairman Bob Ney and
Congressman Steny Hoyer of the House Administration Committee have
already shepherded a bipartisan reform proposal through that body. The
differences between the approach in the House and our bipartisan
compromise are not irreconcilable.
Both recognize that there are minimum standards that every voting
system should meet. Both bills strive to ensure the greatest possible
access to the polling place for disabled Americans and the blind. Both
bills ensure that all eligible voters may cast a vote and have that
vote counted. Both bills establish a new Federal agency to provide on-
going support to State and local governments. And both approaches
provide significant resources to the States and localities to
underwrite the Federal share of administering Federal elections.
[[Page S2542]]
Not insignificantly, President Bush has also indicated his support
for providing assistance to the States for election reform. Included in
his fiscal year 2003 budget submission is a request for $1.2 billion
over the next three fiscal years, including $400 million for fiscal
year 2003, to fund an election reform initiative.
There appears to be a uniform desire in both houses of Congress to
see that the Federal Government meets its obligation to be a partner
with State and local election officials in the conduct of Federal
elections. But time is running short and state budgets are growing
thin. It is time for the Senate to enact election reform. It is time
for the Senate to meet with the House to produce a bipartisan bill that
is worthy of the signature of the President and the support of all the
American people, regardless of color or class, gender or age,
disability or native language, and party or precinct.
As this debate draws to a close, it is appropriate to recognize the
significant contributions of both individuals and organizations which
have provided input and expertise to the committee, and to me
personally, in the course of this legislative matter. I have already
expressed my gratitude to my colleagues on and off the committee and to
my distinguished coauthor in the House, Congressman John Conyers, and
to many other House Members who truly have made this effort their
cause.
As we all know, no such effort can be undertaken without the
considerable effort of our staff. In addition to those already
mentioned, I want to thank Sheryl Cohen, Marvin Fast, Alex Swartsel and
Tom Lenard of my personal staff, and two former Rules Committee staff
members, Candace Chin and Laura Roubicek.
We have also received considerable assistance from the support
offices of the Senate, including from James Fransen and Jim Scott in
the Office of Legislative Counsel and from attorneys and analysts at
the Congressional Research Service including Kevin Coleman, Eric
Fischer, L. Paige Whitaker, and Judith Fraizer, and finally from the
Government Accounting Office.
The list of organizations which have provided invaluable assistance
to this effort over the last 18 months is almost too lengthy to include
here. But it is important to note the breadth and depth of the input
that went into crafting this historic legislation. At the risk of
inadvertently leaving someone out, I want to recognize and thank the
following organizations which have provided their expertise to this
effort: American Association of People With Disabilities; American
Civil Liberties Union; American Federation of State, County and
Municipal Employees; American Institute of Graphic Arts; Asian American
Legal Defense and Education Fund; Brennan Center for Justice; Center
for Constitutional Rights; Common Cause; Commission on Civil Rights;
Caltech-MIT Voting Technology Project; Constitution Project; Lawyers
Committee for Civil Rights Under Law; Leadership Conference on Civil
Rights; Mexican American Legal Defense & Education Fund; National Asian
Pacific American Legal Consortium; National Association for the
Advancement of Colored People; NAACP Legal Defense & Education Fund,
Inc.; National Commission on Federal Election Reform (Carter-Ford
Commission); National Association of Secretaries of State; National
Association of State Election Directors; National Coalition on Black
Civic Participation; National Congress of American Indians; National
Conference of State Legislatures; National Council of La Raza; National
Federation of the Blind; Paralyzed Veterans of America; People for the
American Way; Public Citizen; U.S. PIRG.
It is the fervent view of this Senator that at the end of this
historic process, the Senate will have made a lasting contribution to
the continued health and stability of this democracy for the people, by
the people and of the people in the United States.
My thanks to all who have been involved. I urge the adoption of this
bill and yield back whatever time remains on this side.
The PRESIDING OFFICER (Ms. Stabenow). The Senator from Kentucky.
Mr. McCONNELL. Madam President, let me take my last minute by
thanking again my friend and colleague Senator Dodd. This has been a
happy experience. We can proudly recommend to all Members of the Senate
today that they vote in favor of an important new piece of legislation
that goes right to the core of what our democracy is all about; that
is, the ability to vote.
This legislation will make a positive difference in our country, and
is a step forward for our democracy. This bill has been fashioned in a
way that I wish we could produce more legislation, which is in a
bipartisan fashion.
I enthusiastically support this bill and urge all of my Republican
colleagues--in fact, all of our colleagues in the Senate--to proudly
vote for this legislation.
I yield back the remainder of my time.
Amendment No. 2907
The PRESIDING OFFICER. Under the previous order, the Senate will turn
to the amendment offered by the Senator from Kansas. There are 2
minutes of debate equally divided.
Mr. ROBERTS. Madam President, what we have before us is an amendment
to the election reform bill that is now pending that would basically
eliminate the mass mailing requirement to give local and State election
officials more time and resources to improve the overall election
management and to register voters and to comply with the newly enacted
mandates of this bill.
This is an unfunded mandate. This amendment is supported by the
National Association of Secretaries of State. It is cosponsored by the
distinguished Senator from Kentucky, Mr. McConnell, and Senators
Feinstein and Levin. Why? Because the secretaries of state and county
election officers have indicated there is no need to put in a mandate
to make sure that your voters who are provisional voters must be
notified by mail within 30 days. There are other ways you can do this.
Our amendment says to States, if you want to do a mass mailing, you
can do that. But at least there is an option here to use a Web site and
toll-free numbers and other means of communication that will actually
allow a provisional voter to know much faster than the mass mailing
whether or not they are properly registered and their vote counted. As
a matter of fact, it will enable local county officials and others to
make sure a provisional voter is registered, so you can actually make
the argument that we will make more progress.
I urge support of the amendment.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Madam President, following the Roberts amendment, which
will be the normal 15-minute vote, I ask unanimous consent that votes
on the Clinton amendment and final passage be 10-minute votes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. Madam President, I speak with great reluctance in
opposition to the amendment of the Senator from Kansas. I misidentified
his State last evening. I apologize.
I appreciate the motivations behind this. Let me first say there is
nothing in this bill that creates an unfunded mandate. One of the
things we have provided for in this bill is that every requirement must
be paid for by the Federal Government. That is very important to us. We
realize if we asked otherwise, we would in fact be doing just what the
Senator from Kansas has suggested. But that is simply not the case.
We are saying with regard to provisional voters--these are some of
the most disadvantaged voters in the sense of where they live and their
circumstances, economic and otherwise--if you show up to vote and there
is a question about whether or not you have the right to vote, this
bill is going to give you the right to cast a provisional ballot. If at
the end of that process it is discovered you don't have the right to
vote, we are saying that the state and local officials must notify that
voter so they don't come back and show up the next time as a
provisional voter and their vote doesn't count again.
The underlying bill already allows a state or locality to create an
internet site or establish a 1-800 number, and I don't have a problem
with that. But don't exclude the requirement that you must specifically
notify a voter whose
[[Page S2543]]
ballot was not counted. Registrars of voters notify voters on all sorts
of things during the year. Saying to a provisional voter, your vote
didn't count for the following reasons, this is what you need to do to
correct it, is a minor request. This bill truly makes it easier to vote
and harder to cheat. We urge the defeat of the Roberts amendment.
I ask for the yeas and nays on the amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to amendment No. 2907. The clerk will
call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from Indiana (Mr. Bayh) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 56, nays 43, as follows:
[Rollcall Vote No. 63 Leg.]
YEAS--56
Allard
Allen
Bennett
Boxer
Breaux
Brownback
Bunning
Burns
Campbell
Cleland
Cochran
Collins
Craig
Crapo
DeWine
Domenici
Ensign
Enzi
Feinstein
Frist
Gramm
Grassley
Gregg
Hagel
Hatch
Helms
Hutchinson
Hutchison
Inhofe
Johnson
Kyl
Levin
Lincoln
Lott
Lugar
McCain
McConnell
Miller
Murkowski
Nickles
Reid
Roberts
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stabenow
Stevens
Thomas
Thompson
Thurmond
Voinovich
Warner
NAYS--43
Akaka
Baucus
Biden
Bingaman
Bond
Byrd
Cantwell
Carnahan
Carper
Chafee
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Edwards
Feingold
Fitzgerald
Graham
Harkin
Hollings
Inouye
Jeffords
Kennedy
Kerry
Kohl
Landrieu
Leahy
Lieberman
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Reed
Rockefeller
Sarbanes
Schumer
Torricelli
Wellstone
Wyden
NOT VOTING--1
Bayh
The amendment (No. 2907) was agreed to.
Mr. REID. Madam President, I move to reconsider the vote, and 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 Nevada.
Mr. REID. So everyone is aware, the next two votes are 10-minute
votes.
Amendment No. 3108
The PRESIDING OFFICER. Under the previous order, there are now 2
minutes evenly divided for debate on amendment No. 3108.
Who yields time?
The Senator from New York.
Mrs. CLINTON. Madam President, this next amendment, called the
``leave no vote behind'' amendment, aims at making sure the Office of
Election Administration has the authority to determine whether or not
there are unintentional or intentional human errors. With all due
respect to the ranking member, it is not a burdensome provision because
election officials are going to have to sort out the ballots to
determine whether there are mechanical errors or not.
Secondly, this does not have to be enforced until after January 1,
2010, and so the language that is in the bill provides more than
sufficient flexibility for the Office of Election Administration to
make a determination as to what benchmark standard to set. If we do not
deal with this issue, we are not dealing with the underlying concern
that many citizens have, that in some way their vote will not be
counted.
I urge our colleagues to give the Office of Election Administration
the flexibility and authority to make a determination about this kind
of error, along with mechanical errors. They get to set the standard.
We do the same thing in most States to try to determine whether there
are unintentional errors that a citizen makes in casting a vote, and in
the absence of having this provision in the underlying bill we will not
have addressed one of the major concerns that citizens have; not only
from the 2000 election but from many elections.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. Madam President, I strongly oppose the Clinton
amendment. This is about the sanctity of the ballot and about the right
of voters not to vote in an election if they choose. This amendment
mandates a single voter error rate for all machines and all systems of
voting.
Each State will be forced to calculate how many voter errors are
allowed, divide that number by the number of precincts, and tell poll
workers in those precincts how many errors each is allowed; all of this
under threat of Department of Justice prosecution.
Those poll workers will closely monitor undervotes and overvotes, and
when they approach their maximum allowable number, they will be forced
to plead with voters to cast a vote or to change votes they have
already made; all of this under threat of Department of Justice
prosecution.
I say to my colleagues, especially the Senators from Oregon and
Washington, if their home State uses paper ballots, mail-in ballots, or
absentee ballots, this amendment will fundamentally alter, if not
eliminate, those systems of voting. There is no way to control voter
error unless one is face-to-face with the voter.
This is an amendment that essentially unravels this legislation. I
strongly urge its defeat.
The PRESIDING OFFICER. The Senator's time has expired.
Under the previous order, the question is on agreeing to amendment
No. 3108 offered by the Senator from New York.
Mr. McCONNELL. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second. The clerk will call the
roll.
The legislative clerk called the roll.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 48, nays 52, as follows:
[Rollcall Vote No. 64 Leg.]
YEAS--48
Akaka
Bayh
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Cleland
Clinton
Conrad
Corzine
Daschle
Dayton
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham
Harkin
Hollings
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Mikulski
Miller
Murray
Nelson (FL)
Nelson (NE)
Reed
Reid
Rockefeller
Sarbanes
Schumer
Stabenow
Torricelli
Wellstone
Wyden
NAYS--52
Allard
Allen
Baucus
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Carnahan
Chafee
Cochran
Collins
Craig
Crapo
DeWine
Dodd
Domenici
Ensign
Enzi
Fitzgerald
Frist
Gramm
Grassley
Gregg
Hagel
Hatch
Helms
Hutchinson
Hutchison
Inhofe
Kyl
Lott
Lugar
McCain
McConnell
Murkowski
Nickles
Roberts
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Voinovich
Warner
The amendment (No. 3108) was rejected.
Mr. DODD. Madam President, I move to reconsider the vote and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. DODD. Madam President, I ask unanimous consent that upon the
passage of S. 565, the Rules Committee be discharged from further
consideration of H.R. 3295, the House companion, and that the Senate
then proceed to its consideration; that all after the enacting clause
be stricken and the text of S. 565, as amended, be inserted in lieu
thereof; that the bill be advanced to third reading and passed; that
the title amendment which is at the desk be considered and agreed to,
the motion to reconsider be laid upon the table; that the Senate insist
on its amendment, request a conference with the House of
Representatives on the disagreeing votes of the two Houses, and the
Chair be authorized to appoint conferees on the part of the Senate,
that the ratio be 3-2; and that this action occur with no further
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S2544]]
Mr. DODD. I thank the Chair.
The PRESIDING OFFICER. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill (S. 565) having been read the third
time, the question is, Shall the bill pass?
Mr. DODD. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--yeas 99, nays 1, as follows:
[Rollcall Vote No. 65 Leg.]
YEAS--99
Akaka
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Byrd
Campbell
Cantwell
Carnahan
Carper
Chafee
Cleland
Clinton
Cochran
Collins
Conrad
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham
Gramm
Grassley
Gregg
Hagel
Harkin
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stabenow
Stevens
Thomas
Thompson
Thurmond
Torricelli
Voinovich
Warner
Wellstone
Wyden
NAYS--1
Burns
The bill (S. 565) was passed.
The PRESIDING OFFICER (Mr. Rockefeller). Under the previous order,
the Rules Committee is discharged from further consideration of H.R.
3295; all after the enacting clause is stricken, and the text of S.
565, as amended, is inserted in lieu thereof. The bill is read a third
time, passed, and the motion to reconsider is laid upon the table. The
title amendment is agreed to, and the motion to reconsider is laid upon
the table.
Under the previous order, the Senate insists on its amendment,
requests a conference with the House on the disagreeing votes of the
two Houses, and the Chair is authorized to appoint conferees on the
part of the Senate.
The ratio of conferees on the bill will be 3 to 2.
The bill (H.R. 3295), as amended, was passed, as follows:
Resolved, That the bill from the House of Representatives
(H.R. 3295) entitled ``An Act 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.'', do pass with
the following amendments:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Martin
Luther King, Jr. Equal Protection of Voting Rights Act of
2002''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND
ADMINISTRATION REQUIREMENTS
Sec. 101. Voting systems standards.
Sec. 102. Provisional voting and voting information requirements.
Sec. 103. Computerized statewide voter registration list requirements
and requirements for voters who register by mail.
Sec. 104. Enforcement by the Civil Rights Division of the Department of
Justice.
Sec. 105. Minimum Standards.
TITLE II--GRANT PROGRAMS
Subtitle A--Uniform and Nondiscriminatory Election Technology and
Administration Requirements Grant Program
Sec. 201. Establishment of the Uniform and Nondiscriminatory Election
Technology and Administration Requirements Grant Program.
Sec. 202. State plans.
Sec. 203. Application.
Sec. 204. Approval of applications.
Sec. 205. Authorized activities.
Sec. 206. Payments.
Sec. 207. Audits and examinations of States and localities.
Sec. 208. Reports to Congress and the Attorney General.
Sec. 209. Authorization of appropriations.
Sec. 210. Effective date.
Subtitle B--Federal Election Reform Incentive Grant Program
Sec. 211. Establishment of the Federal Election Reform Incentive Grant
Program.
Sec. 212. Application.
Sec. 213. Approval of applications.
Sec. 214. Authorized activities.
Sec. 215. Payments; Federal share.
Sec. 216. Audits and examinations of States and localities.
Sec. 217. Reports to Congress and the Attorney General.
Sec. 218. Authorization of appropriations.
Sec. 219. Effective date.
Subtitle C--Federal Election Accessibility Grant Program
Sec. 221. Establishment of the Federal Election Accessibility Grant
Program.
Sec. 222. Application.
Sec. 223. Approval of applications.
Sec. 224. Authorized activities.
Sec. 225. Payments; Federal share.
Sec. 226. Audits and examinations of States and localities.
Sec. 227. Reports to Congress and the Attorney General.
Sec. 228. Authorization of appropriations.
Sec. 229. Effective date.
Subtitle D--National Student/Parent Mock Election
Sec. 231. National Student/Parent Mock Election.
Sec. 232. Authorization of appropriations.
TITLE III--ADMINISTRATION
Subtitle A--Election Administration Commission
Sec. 301. Establishment of the Election Administration Commission.
Sec. 302. Membership of the Commission.
Sec. 303. Duties of the Commission.
Sec. 304. Meetings of the Commission.
Sec. 305. Powers of the Commission.
Sec. 306. Commission personnel matters.
Sec. 307. Authorization of appropriations.
Subtitle B--Transition Provisions
Sec. 311. Equal Protection of Voting Rights Act of 2001.
Sec. 312. Federal Election Campaign Act of 1971.
Sec. 313. National Voter Registration Act of 1993.
Sec. 314. Transfer of property, records, and personnel.
Sec. 315. Coverage of Election Administration Commission under certain
laws and programs.
Sec. 316. Effective date; transition.
Subtitle C--Advisory Committee on Electronic Voting and the Electoral
Process
Sec. 321. Establishment of Committee.
Sec. 322. Duties of the Committee.
Sec. 323. Powers of the Committee.
Sec. 324. Committee personnel matters.
Sec. 325. Termination of the Committee.
Sec. 326. Authorization of appropriations.
TITLE IV--UNIFORMED SERVICES ELECTION REFORM
Sec. 401. Standard for invalidation of ballots cast by absent uniformed
services voters in Federal elections.
Sec. 402. Maximization of access of recently separated uniformed
services voters to the polls.
Sec. 403. Prohibition of refusal of voter registration and absentee
ballot applications on grounds of early submission.
Sec. 404. Distribution of Federal military voter laws to the States.
Sec. 405. Effective dates.
Sec. 406. Study and report on permanent registration of overseas
voters; distribution of overseas voting information by a
single State office; study and report on expansion of
single State office duties.
Sec. 407. Report on absentee ballots transmitted and received after
general elections.
Sec. 408. Other requirements to promote participation of overseas and
absent uniformed services voters.
Sec. 409. Study and report on the development of a standard oath for
use with overseas voting materials.
Sec. 410. Study and report on prohibiting notarization requirements.
TITLE V--CRIMINAL PENALTIES; MISCELLANEOUS
Sec. 501. Review and report on adequacy of existing electoral fraud
statutes and penalties.
Sec. 502. Other criminal penalties.
Sec. 503. Use of social security numbers for voter registration and
election administration.
Sec. 504. Delivery of mail from overseas preceding Federal elections.
Sec. 505. State responsibility to guarantee military voting rights.
Sec. 506. Sense of the Senate regarding State and local input into
changes made to the electoral process.
Sec. 507. Study and report on free absentee ballot postage
Sec. 508. Help America vote college program
Sec. 509. Relationship to other laws.
Sec. 510. Voters with disabilities.
Sec. 511. Election day holiday study.
[[Page S2545]]
Sec. 512. Sense of the Senate on compliance with election technology
and administration requirements.
Sec. 513. Broadcasting false election information.
Sec. 514. Sense of the Senate regarding changes made to the electoral
process and how such changes impact States.
TITLE I--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND
ADMINISTRATION REQUIREMENTS
SEC. 101. VOTING SYSTEMS STANDARDS.
(a) Requirements.--Each voting system used in an election
for Federal office shall meet the following requirements:
(1) In general.--
(A) Except as provided in subparagraph (B), the voting
system (including any lever voting system, optical scanning
voting system, or direct recording electronic system) shall--
(i) permit the voter to verify the votes selected by the
voter on the ballot before the ballot is cast and counted;
(ii) provide the voter with the opportunity to change the
ballot or correct any error before the ballot is cast and
counted (including the opportunity to correct the error
through the issuance of a replacement ballot if the voter was
otherwise unable to change the ballot or correct any error);
and
(iii) if the voter selects votes for more than 1 candidate
for a single office, the voting system shall--
(I) notify the voter that the voter has selected more than
1 candidate for a single office on the ballot;
(II) notify the voter before the ballot is cast and counted
of the effect of casting multiple votes for the office; and
(III) provide the voter with the opportunity to correct the
ballot before the ballot is cast and counted.
(B) A State or locality that uses a paper ballot voting
system, a punchcard voting system, or a central count voting
system (including mail-in absentee ballots or mail-in
ballots), may meet the requirements of subparagraph (A) by--
(i) establishing a voter education program specific to that
voting system that notifies each voter of the effect of
casting multiple votes for an office; and
(ii) providing the voter with instructions on how to
correct the ballot before it is cast and counted (including
instructions on how to correct the error through the issuance
of a replacement ballot if the voter was otherwise unable to
change the ballot or correct any error).
(C) The voting system shall ensure that any notification
required under this paragraph preserves the privacy of the
voter and the confidentiality of the ballot.
(2) Audit capacity.--
(A) In General.--The voting system shall produce a record
with an audit capacity for such system.
(B) Manual audit capacity.--
(i) Permanent paper record.--The voting system shall
produce a permanent paper record with a manual audit capacity
for such system.
(ii) 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.
(iii) 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.
(3) Accessibility for individuals with disabilities.--The
voting system shall--
(A) be accessible for individuals with disabilities,
including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence)
as for other voters;
(B) satisfy the requirement of subparagraph (A) through the
use of at least 1 direct recording electronic voting system
or other voting system equipped for individuals with
disabilities at each polling place; and
(C) meet the voting system standards for disability access
if purchased with funds made available under title II on or
after January 1, 2007.
(4) Multilingual voting materials.--
(A) In general.--Except as provided in subparagraph (B),
the voting system shall provide alternative language
accessibility--
(i) with respect to a language other than English in a
State or jurisdiction if, as determined by the Director of
the Bureau of the Census--
(I)(aa) at least 5 percent of the total number of voting-
age citizens who reside in such State or jurisdiction speak
that language as their first language and who are limited-
English proficient; or
(bb) there are at least 10,000 voting-age citizens who
reside in that jurisdiction who speak that language as their
first language and who are limited-English proficient; and
(II) the illiteracy rate of the group of citizens who speak
that language is higher than the national illiteracy rate; or
(ii) with respect to a language other than English that is
spoken by Native American or Alaskan native citizens in a
jurisdiction that contains all or any part of an Indian
reservation if, as determined by the Director of the Bureau
of the Census--
(I) at least 5 percent of the total number of citizens on
the reservation are voting-age Native American or Alaskan
native citizens who speak that language as their first
language and who are limited-English proficient; and
(II) the illiteracy rate of the group of citizens who speak
that language is higher than the national illiteracy rate.
(B) Exceptions.--
(i) If a State meets the criteria of item (aa) of
subparagraph (A)(i)(I) with respect to a language, a
jurisdiction of that State shall not be required to provide
alternative language accessibility under this paragraph with
respect to that language if--
(I) less than 5 percent of the total number of voting-age
citizens who reside in that jurisdiction speak that language
as their first language and are limited-English proficient;
and
(II) the jurisdiction does not meet the criteria of item
(bb) of such subparagraph with respect to that language.
(ii) A State or locality that uses a lever voting system
and that would be required to provide alternative language
accessibility under the preceding provisions of this
paragraph with respect to an additional language that was not
included in the voting system of the State or locality before
the date of enactment of this Act may meet the requirements
of this paragraph with respect to such additional language by
providing alternative language accessibility through the
voting systems used to meet the requirement of paragraph
(3)(B) if--
(I) it is not practicable to add the alternative language
to the lever voting system or the addition of the language
would cause the voting system to become more confusing or
difficult to read for other voters;
(II) the State or locality has filed a request for a waiver
with the Office of Election Administration of the Federal
Election Commission or, after the transition date (as defined
in section 316(a)(2)), with the Election Administration
Commission, that describes the need for the waiver and how
the voting system under paragraph (3)(B) would provide
alternative language accessibility; and
(III) the Office of Election Administration or the Election
Administration Commission (as appropriate) has approved the
request filed under subclause (II).
(5) Error rates.--The error rate of the voting system in
counting ballots (determined by taking into account only
those errors which are attributable to the voting system and
not attributable to an act of the voter) shall not exceed the
error rate standards established under the voting systems
standards issued and maintained by the Director of the Office
of Election Administration of the Federal Election Commission
(as revised by the Director of such Office under subsection
(c)).
(b) Voting System Defined.--In this section, the term
``voting system'' means--
(1) the total combination of mechanical, electromechanical,
or electronic equipment (including the software, firmware,
and documentation required to program, control, and support
the equipment) that is used--
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail information;
(2) the practices and associated documentation used--
(A) to identify system components and versions of such
components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to a
system after the initial qualification of the system; and
(E) to make available any materials to the voter (such as
notices, instructions, forms, or paper ballots).
(c) Administration by the Office of Election
Administration.--
(1) In general.--Not later than January 1, 2004, the
Director of the Office of Election Administration of the
Federal Election Commission, in consultation with the
Architectural and Transportation Barriers Compliance Board
(as established under section 502 of the Rehabilitation Act
of 1973 (29 U.S.C. 792)) and the Director of the National
Institute of Standards and Technology, shall promulgate
standards revising the voting systems standards issued and
maintained by the Director of such Office so that such
standards meet the requirements established under subsection
(a).
(2) Quadrennial review.--The Director of the Office of
Election Administration of the Federal Election Commission,
in consultation with the Architectural and Transportation
Barriers Compliance Board and the Director of the National
Institute of Standards and Technology, shall review the
voting systems standards revised under paragraph (1) no less
frequently than once every 4 years.
(d) Construction.--Nothing in this section shall require a
jurisdiction to change the voting system or systems
(including paper balloting systems, including in-person,
absentee, and mail-in paper balloting systems, lever machine
systems, punchcard systems, optical scanning systems, and
direct recording electronic systems) used in an election in
order to be in compliance with this Act.
(e) Effective Date.--Each State and locality shall be
required to comply with the requirements of this section on
and after January 1, 2006.
SEC. 102. PROVISIONAL VOTING AND VOTING INFORMATION
REQUIREMENTS.
(a) Requirements.--If an individual declares that such
individual is a registered voter in the jurisdiction in which
the individual desires to vote and that the individual is
eligible to vote in an election for Federal office, but the
name of the individual does not appear on the official list
of eligible voters for the polling place, or an election
official asserts that the individual is not eligible to vote,
such individual shall be permitted to cast a provisional
ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional
ballot in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the
[[Page S2546]]
execution of a written affirmation by the individual before
an election official at the polling place stating that the
individual is--
(A) a registered voter in the jurisdiction in which the
individual desires to vote; and
(B) eligible to vote in that election.
(3) An election official at the polling place shall
transmit the ballot cast by the individual or voter
information contained in the written affirmation executed by
the individual under paragraph (2) to an appropriate State or
local election official for prompt verification under
paragraph (4).
(4) If the appropriate State or local election official to
whom the ballot or voter information is transmitted under
paragraph (3) determines that the individual is eligible
under State law to vote in the jurisdiction, the individual's
provisional ballot shall be counted as a vote in that
election.
(5) At the time that an individual casts a provisional
ballot, the appropriate State or local election official
shall give the individual written information that states
that any individual who casts a provisional ballot will be
able to ascertain through a free access system (such as a
toll-free telephone number or an Internet website) whether
the vote was counted, and, if the vote was not counted, the
reason that the vote was not counted.
(6) The appropriate State or local election official shall
establish a free access system (such as a toll-free telephone
number or an Internet website) that any individual who casts
a provisional ballot may access to discover whether the vote
of that individual was counted, and, if the vote was not
counted, the reason that the vote was not counted.
States described in section 4(b) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) may meet the
requirements of this subsection using voter registration
procedures established under applicable State law. The
appropriate State or local official shall establish and
maintain reasonable procedures necessary to protect the
security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under paragraph (6)(B). Access to
information about an individual provisional ballot shall be
restricted to the individual who cast the ballot.
(b) Voting Information Requirements.--
(1) Public posting on election day.--The appropriate State
or local election official shall cause voting information to
be publicly posted at each polling place on the day of each
election for Federal office.
(2) Voting information defined.--In this section, the term
``voting information'' means--
(A) a sample version of the ballot that will be used for
that election;
(B) information regarding the date of the election and the
hours during which polling places will be open;
(C) instructions on how to vote, including how to cast a
vote and how to cast a provisional ballot;
(D) instructions for mail-in registrants and first-time
voters under section 103(b); and
(E) general information on voting rights under applicable
Federal and State laws, including information on the right of
an individual to cast a provisional ballot and instructions
on how to contact the appropriate officials if these rights
are alleged to have been violated.
(c) Voters Who Vote After the Polls Close.--Any individual
who votes in an election for Federal office for any reason,
including a Federal or State court order, after the time set
for closing the polls by a State law in effect 10 days before
the date of that election may only vote in that election by
casting a provisional ballot under subsection (a).
(d) Administration by the Civil Rights Division.--Not later
than January 1, 2003, the Assistant Attorney General in
charge of the Civil Rights Division of the Department of
Justice shall promulgate such guidelines as are necessary to
implement the requirements of subsection (a).
(e) Effective Date.--
(1) Provisional voting.--Each State and locality shall be
required to comply with the requirements of subsection (a) on
and after January 1, 2004.
(2) Voting information.--Each State and locality shall be
required to comply with the requirements of subsection (b) on
and after the date of enactment of this Act.
SEC. 103. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST
REQUIREMENTS AND REQUIREMENTS FOR VOTERS WHO
REGISTER BY MAIL.
(a) Computerized Statewide Voter Registration List
Requirements.--
(1) Implementation.--
(A) In general.--Except as provided in subparagraph (B),
each State, acting through the chief State election official,
shall implement an interactive computerized statewide voter
registration list that contains the name and registration
information of every legally registered voter in the State
and assigns a unique identifier to each legally registered
voter in the State (in this subsection referred to as the
``computerized list'').
(B) Exception.--The requirement under subparagraph (A)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of enactment of
this Act, there is no voter registration requirement for
individuals in the State with respect to elections for
Federal office.
(2) Access.--The computerized list shall be accessible to
each State and local election official in the State.
(3) Computerized list maintenance.--
(A) In general.--The appropriate State or local election
official shall perform list maintenance with respect to the
computerized list on a regular basis as follows:
(i) If an individual is to be removed from the computerized
list, such individual shall be removed in accordance with the
provisions of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.), including subsections (a)(4), (c)(2),
(d), and (e) of section 8 of such Act (42 U.S.C. 1973gg-6).
(ii) For purposes of removing names of ineligible voters
from the official list of eligible voters--
(I) under section 8(a)(3)(B) of such Act (42 U.S.C. 1973gg-
6(a)(3)(B)), the State shall coordinate the computerized list
with State agency records on felony status; and
(II) by reason of the death of the registrant under section
8(a)(4)(A) of such Act (42 U.S.C. 1973gg-6(a)(4)(A)), the
State shall coordinate the computerized list with State
agency records on death.
(iii) Notwithstanding the preceding provisions of this
subparagraph, if a State is described in section 4(b) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
2(b)), that State shall remove the names of ineligible voters
from the computerized list in accordance with State law.
(B) Conduct.--The list maintenance performed under
subparagraph (A) shall be conducted in a manner that ensures
that--
(i) the name of each registered voter appears in the
computerized list;
(ii) only voters who are not registered or who are not
eligible to vote are removed from the computerized list; and
(iii) duplicate names are eliminated from the computerized
list.
(4) Technological security of computerized list.--The
appropriate State or local official shall provide adequate
technological security measures to prevent the unauthorized
access to the computerized list established under this
section.
(5) Interaction with federal information.--
(A) Access to federal information.--
(i) In general.--Notwithstanding any other provision of
law, the Commissioner of Social Security shall provide, upon
request from a State or locality maintaining a computerized
centralized list implemented under paragraph (1), only such
information as is necessary to determine the eligibility of
an individual to vote in such State or locality under the law
of the State. Any State or locality that receives information
under this clause may only share such information with
election officials.
(ii) Procedure.--The information under clause (i) shall be
provided in such place and such manner as the Commissioner
determines appropriate to protect and prevent the misuse of
information.
(B) Applicable information.--For purposes of this
subsection, the term ``applicable information'' means
information regarding whether--
(i) the name and social security number of an individual
provided to the Commissioner match the information contained
in the Commissioner's records; and
(ii) such individual is shown on the records of the
Commissioner as being deceased.
(C) Exception.--Subparagraph (A) shall not apply to any
request for a record of an individual if the Commissioner
determines there are exceptional circumstances warranting an
exception (such as safety of the individual or interference
with an investigation).
(b) Requirements for Voters Who Register by Mail.--
(1) In general.--Notwithstanding section 6(c) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
4(c)) and subject to paragraph (3), a State shall require an
individual to meet the requirements of paragraph (2) if--
(A) the individual registered to vote in a jurisdiction by
mail; and
(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).
(2) Requirements.--
(A) In general.--An individual meets the requirements of
this paragraph if the individual--
(i) in the case of an individual who votes in person--
(I) presents to the appropriate State or local election
official a current and valid photo identification; or
(II) presents to the appropriate State or local election
official a copy of a current utility bill, bank statement,
Government check, paycheck, or other Government document that
shows the name and address of the voter; or
(ii) in the case of an individual who votes by mail,
submits with the ballot--
(I) a copy of a current and valid photo identification; or
(II) a copy of a current utility bill, bank statement,
Government check, paycheck, or other Government document that
shows the name and address of the voter.
(B) Fail-safe voting.--
(i) In person.--An individual who desires to vote in
person, but who does not meet the requirements of
subparagraph (A)(i), may cast a provisional ballot under
section 102(a).
(ii) By mail.--An individual who desires to vote by mail
but who does not meet the requirements of subparagraph
(A)(ii) may cast such a ballot by mail and the ballot shall
be counted as a provisional ballot in accordance with section
102(a).
(3) Inapplicability.--Paragraph (1) shall not apply in the
case of a person--
(A) who registers to vote by mail under section 6 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)
and submits as part of such registration either--
(i) a copy of a current valid photo identification; or
[[Page S2547]]
(ii) a copy of a current utility bill, bank statement,
Government check, paycheck, or Government document that shows
the name and address of the voter;
(B)(i) who registers to vote by mail under section 6 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)
and submits with such registration either--
(I) a driver's license number; or
(II) at least the last 4 digits of the individual's social
security number; and
(ii) with respect to whom a State or local election
official certifies that the information submitted under
clause (i) matches an existing State identification record
bearing the same number, name and date of birth as provided
in such registration; or
(C) who is--
(i) entitled to vote by absentee ballot under the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1
et seq.);
(ii) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee-
1(b)(2)(B)(ii)); or
(iii) entitled to vote otherwise than in person under any
other Federal law.
(4) Contents of mail-in registration form.--The mail voter
registration form developed under section 6 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) shall
include:
(A) The question ``Are you a citizen of the United States
of America?'' and boxes for the applicant to check to
indicate whether the applicant is or is not a citizen of the
United States.
(B) The question ``Will you be 18 years of age on or before
election day?'' and boxes for the applicant to check to
indicate whether or not the applicant will be 18 or older on
election day.
(C) The statement ``If you checked `no' in response to
either of these questions, do not complete this form''.
(5) Construction.--Nothing in this subsection shall be
construed to require a State that was not required to comply
with a provision of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.) before the date of enactment
of this Act to comply with such a provision after such date.
(c) Administration by the Civil Rights Division.--Not later
than October 1, 2003, the Assistant Attorney General in
charge of the Civil Rights Division of the Department of
Justice shall promulgate such guidelines as are necessary to
implement the requirements of subsection (a).
(d) Effective Date.--
(1) Computerized statewide voter registration list
requirements.--Each State and locality shall be required to
comply with the requirements of subsection (a) on and after
January 1, 2004.
(2) Requirement for voters who register by mail.--
(A) In general.--Each State and locality shall be required
to comply with the requirements of subsection (b) on and
after January 1, 2004, and shall be prepared to receive
registration materials submitted by individuals described in
subparagraph (B) on and after the date described in such
subparagraph.
(B) Applicability with respect to individuals.--The
provisions of section (b) shall apply to any individual who
registers to vote on or after January 1, 2003.
SEC. 104. ENFORCEMENT BY THE CIVIL RIGHTS DIVISION OF THE
DEPARTMENT OF JUSTICE.
(a) In General.--Subject to subsection (b), the Attorney
General, acting through the Assistant Attorney General in
charge of the Civil Rights Division of the Department of
Justice, may bring a civil action in an appropriate district
court for such declaratory or injunctive relief as may be
necessary to carry out this title.
(b) Safe Harbor.--
(1) In general.--Except as provided in paragraph (2), if a
State or locality receives funds under a grant program under
subtitle A or B of title II for the purpose of meeting a
requirement under section 101, 102, or 103, such State or
locality shall be deemed to be in compliance with such
requirement until January 1, 2010, and no action may be
brought under this Act against such State or locality on the
basis that the State or locality is not in compliance with
such requirement before such date.
(2) Exception.--The safe harbor provision under paragraph
(1) shall not apply with respect to the requirement described
in section 101(a)(3).
(c) Relation to Other Laws.--The remedies established by
this section are in addition to all other rights and remedies
provided by law.
SEC. 105. MINIMUM STANDARDS.
The requirements established by this title are minimum
requirements and nothing in this title shall be construed to
prevent a State from establishing election technology and
administration requirements, that are more strict than the
requirements established under this title, so long as such
State requirements are not inconsistent with the Federal
requirements under this title or any law described in section
509.
TITLE II--GRANT PROGRAMS
Subtitle A--Uniform and Nondiscriminatory Election Technology and
Administration Requirements Grant Program
SEC. 201. ESTABLISHMENT OF THE UNIFORM AND NONDISCRIMINATORY
ELECTION TECHNOLOGY AND ADMINISTRATION
REQUIREMENTS GRANT PROGRAM.
(a) In General.--There is established a Uniform and
Nondiscriminatory Election Technology and Administration
Requirements Grant Program under which the Attorney General,
subject to the general policies and criteria for the approval
of applications established under section 204 and in
consultation with the Federal Election Commission and the
Architectural and Transportation Barriers Compliance Board
(as established under section 502 of the Rehabilitation Act
of 1973 (29 U.S.C. 792)), is authorized to make grants to
States and localities to pay the costs of the activities
described in section 205.
(b) Action Through Office of Justice Programs and Civil
Rights Division.--In carrying out this subtitle, the Attorney
General shall act through the Assistant Attorney General in
charge of the Office of Justice Programs of the Department of
Justice and the Assistant Attorney General in charge of the
Civil Rights Division of that Department.
SEC. 202. STATE PLANS.
(a) In General.--Each State that desires to receive a grant
under this subtitle shall develop a State plan, in
consultation with State and local election officials of that
State, that provides for each of the following:
(1) Uniform and nondiscriminatory election technology and
administration requirements.--A description of how the State
will use the funds made available under this subtitle to meet
each of the following requirements:
(A) The voting system standards under section 101.
(B) The provisional voting requirements under section 102.
(C) The computerized statewide voter registration list
requirements under section 103(a), including a description
of--
(i) how State and local election officials will ensure the
accuracy of the list of eligible voters in the State to
ensure that only registered voters appear in such list; and
(ii) the precautions that the State will take to prevent
the removal of eligible voters from the list.
(D) The requirements for voters who register by mail under
section 103(b), including the steps that the State will take
to ensure--
(i) the accuracy of mail-in and absentee ballots; and
(ii) that the use of mail-in and absentee ballots does not
result in duplicate votes.
(2) Identification, deterrence, and investigation of voting
fraud.--An assessment of the susceptibility of elections for
Federal office in the State to voting fraud and a description
of how the State intends to identify, deter, and investigate
such fraud.
(3) Compliance with existing federal law.--Assurances that
the State will comply with existing Federal laws, as such
laws relate to the provisions of this Act, including the
following:
(A) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.),
including sections 4(f)(4) and 203 of such Act (42 U.S.C.
1973b(f)(4) and 1973aa-1a).
(B) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(C) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(D) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(E) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(4) Timetable.--A timetable for meeting the elements of the
State plan.
(b) Availability of State Plans for Review and Comment.--A
State shall make the State plan developed under subsection
(a) available for public review and comment before the
submission of an application under section 203(a).
SEC. 203. APPLICATION.
(a) In General.--Each State or locality that desires to
receive a grant under this subtitle shall submit an
application to the Attorney General at such time and in such
manner as the Attorney General may require, and containing
the information required under subsection (b) and such other
information as the Attorney General may require.
(b) Contents.--
(1) States.--Each application submitted by a State shall
contain the State plan developed under section 202 and a
description of how the State proposes to use funds made
available under this subtitle to implement such State plan.
(2) Localities.--Each application submitted by a locality
shall contain a description of how the locality proposes to
use the funds made available under this subtitle in a manner
that is consistent with the State plan developed under
section 202.
(c) Safe Harbor.--No action may be brought under this Act
against a State or locality on the basis of any information
contained in the application submitted under subsection (a),
including any information contained in the State plan
developed under section 202.
SEC. 204. APPROVAL OF APPLICATIONS.
The Attorney General shall establish general policies and
criteria with respect to the approval of applications
submitted by States and localities under section 203(a)
(including a review of State plans developed under section
202), the awarding of grants under this subtitle, and the use
of assistance made available under this subtitle.
SEC. 205. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received under
this subtitle for any of the following purposes:
(1) To implement voting system standards that meet the
requirements of section 101.
(2) To provide for provisional voting that meets the
requirements of section 102(a) and to meet the voting
information requirements under section 102(b).
(3) To establish a computerized statewide voter
registration list that meets the requirements of section
103(a) and to meet the requirements for voters who register
by mail under section 103(b).
SEC. 206. PAYMENTS.
(a) Payments .--
(1) In general.--Subject to paragraph (2), the Attorney
General shall pay to each State having an application
approved under section 203 the cost of the activities
described in that application.
[[Page S2548]]
(2) Initial payment amount.--The Attorney General shall pay
to each State that submits an application under section 203
an amount equal to 0.5 percent of the amount appropriated
under section 209 for the fiscal year during which such
application is submitted to be used by such State for the
activities authorized under section 205.
(b) Retroactive Payments.-- The Attorney General may make
retroactive payments to States and localities having an
application approved under section 203 for any costs for
election technology or administration that meets a
requirement of section 101, 102, or 103 that were incurred
during the period beginning on January 1, 2001, and ending on
the date on which such application was approved under such
section. A State or locality that is engaged in a multi-year
contract entered into prior to January 1, 2001, is eligible
to apply for a grant under section 203 for payments made on
or after January 1, 2001, pursuant to that contract.
(c) Protection and Advocacy Systems.--
(1) In general.--In addition to any other payments made
under this section, the Attorney General shall pay the
protection and advocacy system (as defined in section 102 of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15002)) of each State to ensure full
participation in the electoral process for individuals with
disabilities, including registering to vote, casting a vote
and accessing polling places. In providing such services,
protection and advocacy systems shall have the same general
authorities as they are afforded under part C of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.).
(2) Minimum grant amount.--The minimum amount of each grant
to a protection and advocacy system shall be determined and
allocated as set forth in subsections (c)(3), (c)(4), (c)(5),
(e), and (g) of section 509 of the Rehabilitation Act of 1973
(29 U.S.C. 794e), except that the amount of the grants to
systems referred to in subsections (c)(3)(B) and (c)(4)(B) of
that section shall be not less than $70,000 and $35,000,
respectively.
SEC. 207. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
(a) Recordkeeping Requirement.--Each recipient of a grant
under this subtitle shall keep such records as the Attorney
General, in consultation with the Federal Election
Commission, shall prescribe.
(b) Audits and Examinations.--The Attorney General and the
Comptroller General, or any authorized representative of the
Attorney General or the Comptroller General, may audit or
examine any recipient of a grant under this subtitle and
shall, for the purpose of conducting an audit or examination,
have access to any record of a recipient of a grant under
this subtitle that the Attorney General or the Comptroller
General determines may be related to the grant.
SEC. 208. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
(a) Reports to Congress.--
(1) In general.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the
President and Congress a report on the grant program
established under this subtitle for the preceding year.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the following:
(A) A description and analysis of any activities funded by
a grant awarded under this subtitle.
(B) Any recommendation for legislative or administrative
action that the Attorney General considers appropriate.
(b) Reports to the Attorney General.--The Attorney General
shall require each recipient of a grant under this subtitle
to submit reports to the Attorney General at such time, in
such manner, and containing such information as the Attorney
General considers appropriate.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out the provisions of this subtitle the following
amounts:
(1) For fiscal year 2003, $1,000,000,000.
(2) For fiscal year 2004, $1,300,000,000.
(3) For fiscal year 2005, $500,000,000.
(4) For fiscal year 2006, $200,000,000.
(5) For each subsequent fiscal year, such sums as may be
necessary.
(b) Protection and Advocacy Systems.--In addition to any
other amounts authorized to be appropriated under this
section, there are authorized to be appropriated $10,000,000
for each of the fiscal years 2003, 2004, 2005, and 2006, and
for each subsequent fiscal year such sums as may be
necessary, for the purpose of making payments under section
206(c): Provided, That none of the funds provided by this
subsection shall be used to commence any litigation related
to election-related disability access; notwithstanding the
general authorities of the protection and advocacy systems
are otherwise afforded under part C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.).
(c) Availability.--Any amounts appropriated pursuant to the
authority of this section shall remain available until
expended.
SEC. 210. EFFECTIVE DATE.
The Attorney General shall establish the general policies
and criteria for the approval of applications under section
204 in a manner that ensures that the Attorney General is
able to approve applications not later than October 1, 2002.
Subtitle B--Federal Election Reform Incentive Grant Program
SEC. 211. ESTABLISHMENT OF THE FEDERAL ELECTION REFORM
INCENTIVE GRANT PROGRAM.
(a) In General.--There is established a Federal Election
Reform Incentive Grant Program under which the Attorney
General, subject to the general policies and criteria for the
approval of applications established under section 213(a) and
in consultation with the Federal Election Commission and the
Architectural and Transportation Barriers Compliance Board
(as established under section 502 of the Rehabilitation Act
of 1973 (29 U.S.C. 792)), is authorized to make grants to
States and localities to pay the costs of the activities
described in section 214.
(b) Action Through Office of Justice Programs and Civil
Rights Division.--In carrying out this subtitle, the Attorney
General shall act through--
(1) the Assistant Attorney General in charge of the Office
of Justice Programs of the Department of Justice; and
(2) the Assistant Attorney General in charge of the Civil
Rights Division of the Department of Justice (in this
subtitle referred to as the ``Assistant Attorney General for
Civil Rights'').
SEC. 212. APPLICATION.
(a) In General.--Each State or locality that desires to
receive a grant under this subtitle shall submit an
application to the Attorney General at such time, in such
manner, and containing such information as the Attorney
General shall require, consistent with the provisions of this
section.
(b) Contents.--Each application submitted under subsection
(a) shall--
(1) describe the activities for which assistance under this
section is sought;
(2) contain a request for certification by the Assistant
Attorney General for Civil Rights described in subsection
(c);
(3) provide assurances that the State or locality will pay
the non-Federal share of the cost of the activities for which
assistance is sought from non-Federal sources; and
(4) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this subtitle.
(c) Request for Certification by the Civil Rights
Division.--
(1) Compliance with current federal election law.--
(A) In general.--Except as provided in subparagraph (B),
each request for certification described in subsection (b)(2)
shall contain a specific and detailed demonstration that the
State or locality is in compliance with each of the following
laws, as such laws relate to the provisions of this Act:
(i) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.),
including sections 4(f)(4) and 203 of such Act (42 U.S.C.
1973b(f)(4) and 1973aa-1a).
(ii) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(iii) The Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.).
(iv) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(v) The Americans with Disabilities Act of 1990 (42 U.S.C.
1994 et seq.).
(vi) The Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.).
(B) Applicants unable to meet requirements.--Each State or
locality that, at the time it applies for a grant under this
subtitle, does not demonstrate that it meets each requirement
described in subparagraph (A), shall submit to the Attorney
General a detailed and specific demonstration of how the
State or locality intends to use grant funds to meet each
such requirement.
(2) Uniform and nondiscriminatory requirements for election
technology and administration.--In addition to the
demonstration required under paragraph (1), each request for
certification described in subsection (b)(2) shall contain a
specific and detailed demonstration that the proposed use of
grant funds by the State or locality is not inconsistent with
the requirements under section 101, 102, or 103.
(d) Safe Harbor.--No action may be brought under this Act
against a State or locality on the basis of any information
contained in the application submitted under subsection (a),
including any information contained in the request for
certification described in subsection (c).
SEC. 213. APPROVAL OF APPLICATIONS.
(a) In General.--Subject to subsection (b), the Attorney
General shall establish general policies and criteria for the
approval of applications submitted under section 212(a).
(b) Certification Procedure.--
(1) In general.--The Attorney General may not approve an
application of a State or locality submitted under section
212(a) unless the Attorney General has received a
certification from the Assistant Attorney General for Civil
Rights under paragraph (4) with respect to such State or
locality.
(2) Transmittal of request.--Upon receipt of the request
for certification submitted under section 212(b)(2), the
Attorney General shall transmit such request to the Assistant
Attorney General for Civil Rights.
(3) Certification; noncertification.--
(A) Certification.--If the Assistant Attorney General for
Civil Rights finds that the request for certification
demonstrates that--
(i) a State or locality meets the requirements of
subparagraph (A) of section 212(c)(1), or that a State or
locality has provided a detailed and specific demonstration
of how it will use funds received under this section to meet
such requirements under subparagraph (B) of such section; and
(ii) the proposed use of grant funds by the State or
locality meets the requirements of section 212(c)(2),
the Assistant Attorney General for Civil Rights shall certify
that the State or locality is eligible to receive a grant
under this subtitle.
(B) Noncertification.--If the Assistant Attorney General
for Civil Rights finds that the request for certification
does not demonstrate that a State or locality meets the
requirements described in subparagraph (A), the Assistant
Attorney General for Civil Rights shall not certify
[[Page S2549]]
that the State or locality is eligible to receive a grant
under this subtitle.
(4) Transmittal of certification.--The Assistant Attorney
General for Civil Rights shall transmit to the Attorney
General either--
(A) a certification under subparagraph (A) of paragraph
(3); or
(B) a notice of noncertification under subparagraph (B) of
such paragraph, together with a report identifying the
relevant deficiencies in the State's or locality's system for
voting or administering elections for Federal office or in
the request for certification submitted by the State or
locality.
SEC. 214. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received under
this subtitle--
(1) to improve, acquire, lease, modify, or replace voting
systems and technology and to improve the accessibility of
polling places, including providing physical access for
individuals with disabilities, providing nonvisual access for
individuals with visual impairments, and providing assistance
to individuals with limited proficiency in the English
language;
(2) to implement new election administration procedures to
increase voter participation and to reduce
disenfranchisement, such as ``same-day'' voter registration
procedures;
(3) to educate voters concerning voting procedures, voting
rights or voting technology, and to train election officials,
poll workers, and election volunteers;
(4) to implement new election administration procedures
such as requiring individuals to present identification at
the polls and programs to identify, to deter, and to
investigate voting fraud and to refer allegations of voting
fraud to the appropriate authority;
(5) to meet the requirements of current Federal election
law in accordance with the demonstration 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
violations and general election information; or
(7) to meet the requirements under section 101, 102, or
103.
SEC. 215. PAYMENTS; FEDERAL SHARE.
(a) Payments.--
(1) In general.--Subject to paragraph (2), the Attorney
General shall pay to each State or locality having an
application approved under section 213 the Federal share of
the costs of the activities described in that application.
(2) Initial payment amount.--The Attorney General shall pay
to each State that submits an application under section 212
an amount equal to 0.5 percent of the amount appropriated
under section 218 for the fiscal year in which such
application is submitted to be used by such State for the
activities authorized under section 214.
(3) Retroactive payments.--The Attorney General may make
retroactive payments to States and localities having an
application approved under section 213 for the Federal share
of any costs for election technology or administration that
meets the requirements of sections 101, 102, and 103 that
were incurred during the period beginning on January 1, 2001,
and ending on the date on which such application was approved
under such section.
(b) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the costs shall be a percentage determined
by the Attorney General that does not exceed 80 percent.
(2) Exception.--The Attorney General may provide for a
Federal share of greater than 80 percent of the costs for a
State or locality if the Attorney General determines that
such greater percentage is necessary due to the lack of
resources of the State or locality.
SEC. 216. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
(a) Recordkeeping Requirement.--Each recipient of a grant
under this subtitle shall keep such records as the Attorney
General, in consultation with the Federal Election
Commission, shall prescribe.
(b) Audits and Examinations.--The Attorney General and the
Comptroller General, or any authorized representative of the
Attorney General or the Comptroller General, may audit or
examine any recipient of a grant under this subtitle and
shall, for the purpose of conducting an audit or examination,
have access to any record of a recipient of a grant under
this subtitle that the Attorney General or the Comptroller
General determines may be related to the grant.
(c) Other Audits.--If the Assistant Attorney General for
Civil Rights has certified a State or locality as eligible to
receive a grant under this subtitle in order to meet a
certification requirement described in section 212(c)(1)(A)
(as permitted under section 214(5)) and such State or
locality is a recipient of such a grant, such Assistant
Attorney General, in consultation with the Federal Election
Commission shall--
(1) audit such recipient to ensure that the recipient has
achieved, or is achieving, compliance with the certification
requirements described in section 212(c)(1)(A); and
(2) have access to any record of the recipient that the
Attorney General determines may be related to such a grant
for the purpose of conducting such an audit.
SEC. 217. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
(a) Reports to Congress.--
(1) In general.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the
President and Congress a report on the grant program
established under this subtitle for the preceding year.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the following:
(A) A description and analysis of any activities funded by
a grant awarded under this subtitle.
(B) Any recommendation for legislative or administrative
action that the Attorney General considers appropriate.
(b) Reports to the Attorney General.--The Attorney General
shall require each recipient of a grant under this subtitle
to submit reports to the Attorney General at such time, in
such manner, and containing such information as the Attorney
General considers appropriate.
SEC. 218. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$400,000,000 for fiscal year 2002 to carry out the provisions
of this subtitle.
(b) Availability.--Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without
fiscal year limitation until expended.
SEC. 219. EFFECTIVE DATE.
The Attorney General shall establish the general policies
and criteria for the approval of applications under section
213(a) in a manner that ensures that the Attorney General is
able to approve applications not later than October 1, 2002.
Subtitle C--Federal Election Accessibility Grant Program
SEC. 221. ESTABLISHMENT OF THE FEDERAL ELECTION ACCESSIBILITY
GRANT PROGRAM.
(a) In General.--There is established a Federal Election
Accessibility Grant Program under which the Attorney General,
subject to the general policies and criteria for the approval
of applications established under section 223 by the
Architectural and Transportation Barriers Compliance Board
(as established under section 502 of the Rehabilitation Act
of 1973 (29 U.S.C. 792)) (in this subtitle referred to as the
``Access Board''), is authorized to make grants to States and
localities to pay the costs of the activities described in
section 224.
(b) Action Through Office of Justice Programs and Civil
Rights Division.--In carrying out this subtitle, the Attorney
General shall act through--
(1) the Assistant Attorney General in charge of the Office
of Justice Programs of the Department of Justice; and
(2) the Assistant Attorney General in charge of the Civil
Rights Division of that Department.
SEC. 222. APPLICATION.
(a) In General.--Each State or locality that desires to
receive a grant under this subtitle shall submit an
application to the Attorney General at such time, in such
manner, and containing such information as the Attorney
General shall require, consistent with the provisions of this
section.
(b) Contents.--Each application submitted under subsection
(a) shall--
(1) describe the activities for which assistance under this
section is sought;
(2) provide assurances that the State or locality will pay
the non-Federal share of the cost of the activities for which
assistance is sought from non-Federal sources; and
(3) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this subtitle.
(c) Relation to Federal Election Reform Incentive Grant
Program.--A State or locality that desires to do so may
submit an application under this section as part of any
application submitted under section 212(a).
(d) Safe Harbor.--No action may be brought under this Act
against a State or locality on the basis of any information
contained in the application submitted under subsection (a).
SEC. 223. APPROVAL OF APPLICATIONS.
The Access Board shall establish general policies and
criteria for the approval of applications submitted under
section 222(a).
SEC. 224. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received under
this subtitle--
(1) to make polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the
same opportunity for access and participation (including
privacy and independence) as for other voters; and
(2) to provide individuals with disabilities and the other
individuals described in paragraph (1) with information about
the accessibility of polling places, including outreach
programs to inform the individuals about the availability of
accessible polling places and to train election officials,
poll workers, and election volunteers on how best to promote
the access and participation of the individuals in elections
for Federal office.
SEC. 225. PAYMENTS; FEDERAL SHARE.
(a) Payments.--
(1) In general.--Subject to paragraph (2), the Attorney
General shall pay to each State or locality having an
application approved under section 223 the Federal share of
the costs of the activities described in that application.
(2) Initial payment amount.--The Attorney General shall pay
to each State that submits an application under section 222
an amount equal to 0.5 percent of the amount appropriated
under section 228 for the fiscal year in which such
application is submitted to be used by such State for the
activities authorized under section 224.
(b) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the costs shall be a percentage determined
by the Attorney General that does not exceed 80 percent.
(2) Exception.--The Attorney General may provide for a
Federal share of greater than 80 percent of the costs for a
State or locality if the Attorney General determines that
such greater percentage is necessary due to the lack of
resources of the State or locality.
SEC. 226. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
(a) Recordkeeping Requirement.--Each recipient of a grant
under this subtitle shall keep
[[Page S2550]]
such records as the Attorney General, in consultation with
the Access Board, shall prescribe.
(b) Audits and Examinations.--The Attorney General and the
Comptroller General, or any authorized representative of the
Attorney General or the Comptroller General, may audit or
examine any recipient of a grant under this subtitle and
shall, for the purpose of conducting an audit or examination,
have access to any record of a recipient of a grant under
this subtitle that the Attorney General or the Comptroller
General determines may be related to the grant.
SEC. 227. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
(a) Reports to Congress.--
(1) In general.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the
President and Congress a report on the grant program
established under this subtitle for the preceding year.
(2) Contents.--Each report submitted under paragraph (1)
shall contain the following:
(A) A description and analysis of any activities funded by
a grant awarded under this subtitle.
(B) Any recommendation for legislative or administrative
action that the Attorney General considers appropriate.
(b) Reports to the Attorney General.--The Attorney General
shall require each recipient of a grant under this subtitle
to submit reports to the Attorney General at such time, in
such manner, and containing such information as the Attorney
General considers appropriate.
SEC. 228. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$100,000,000 for fiscal year 2002 to carry out the provisions
of this subtitle.
(b) Availability.--Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without
fiscal year limitation until expended.
SEC. 229. EFFECTIVE DATE.
The Access Board shall establish the general policies and
criteria for the approval of applications under section 223
in a manner that ensures that the Attorney General is able to
approve applications not later than October 1, 2002.
Subtitle D--National Student/Parent Mock Election
SEC. 231. NATIONAL STUDENT/PARENT MOCK ELECTION.
(a) In General.--The Election Administration Commission is
authorized to award grants to the National Student/Parent
Mock Election, a national nonprofit, nonpartisan organization
that works to promote voter participation in American
elections to enable it to carry out voter education
activities for students and their parents. Such activities
may--
(1) include simulated national elections at least 5 days
before the actual election that permit participation by
students and parents from each of the 50 States in the United
States, its territories, the District of Columbia, and United
States schools overseas; and
(2) consist of--
(A) school forums and local cable call-in shows on the
national issues to be voted upon in an ``issues forum'';
(B) speeches and debates before students and parents by
local candidates or stand-ins for such candidates;
(C) quiz team competitions, mock press conferences, and
speech writing competitions;
(D) weekly meetings to follow the course of the campaign;
or
(E) school and neighborhood campaigns to increase voter
turnout, including newsletters, posters, telephone chains,
and transportation.
(b) Requirement.--The National Student/Parent Mock Election
shall present awards to outstanding student and parent mock
election projects.
SEC. 232. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
provisions of this subtitle $650,000 for fiscal year 2002 and
such sums as may be necessary for each of the 6 succeeding
fiscal years.
TITLE III--ADMINISTRATION
Subtitle A--Election Administration Commission
SEC. 301. ESTABLISHMENT OF THE ELECTION ADMINISTRATION
COMMISSION.
There is established the Election Administration Commission
(in this subtitle referred to as the ``Commission'') as an
independent establishment (as defined in section 104 of title
5, United States Code).
SEC. 302. MEMBERSHIP OF THE COMMISSION.
(a) Number and Appointment.--
(1) Composition.--The Commission shall be composed of 4
members appointed by the President, by and with the advice
and consent of the Senate.
(2) Recommendations.--Before the initial appointment of the
members of the Commission and before the appointment of any
individual to fill a vacancy on the Commission, the Majority
Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives shall each
submit to the President a candidate recommendation with
respect to each vacancy on the Commission affiliated with the
political party of the officer involved.
(b) Qualifications.--
(1) In general.--Each member appointed under subsection (a)
shall be appointed on the basis of--
(A) knowledge of--
(i) and experience with, election law;
(ii) and experience with, election technology;
(iii) and experience with, Federal, State, or local
election administration;
(iv) the Constitution; or
(v) the history of the United States; and
(B) integrity, impartiality, and good judgment.
(2) Party affiliation.--Not more than 2 of the 4 members
appointed under subsection (a) may be affiliated with the
same political party.
(3) Federal officers and employees.--Members appointed
under subsection (a) shall be individuals who, at the time
appointed to the Commission, are not elected or appointed
officers or employees of the Federal Government.
(4) Other activities.--No member appointed to the
Commission under subsection (a) may engage in any other
business, vocation, or employment while serving as a member
of the Commission and shall terminate or liquidate such
business, vocation, or employment not later than the date on
which the Commission first meets.
(c) Date of Appointment.--The appointments of the members
of the Commission shall be made not later than the date that
is 90 days after the date of enactment of this Act.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--Members shall be appointed for
a term of 6 years, except that, of the members first
appointed, 2 of the members who are not affiliated with the
same political party shall be appointed for a term of 4
years. Except as provided in paragraph (2), a member may only
serve 1 term.
(2) Vacancies.--
(A) In general.--A vacancy on the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made. The appointment made to
fill the vacancy 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 appointed to fill a
vacancy on the Commission occurring before the expiration of
the term for which the individual's predecessor was appointed
shall be appointed for the unexpired term of the member
replaced. Such individual may be appointed to a full term in
addition to the unexpired term for which that individual is
appointed.
(e) Chairperson; Vice Chairperson.--
(1) In general.--The Commission shall elect a chairperson
and vice chairperson from among its members for a term of 1
year.
(2) Number of terms.--A member of the Commission may serve
as the chairperson only twice during the term of office to
which such member is appointed.
(3) Political affiliation.--The chairperson and vice
chairperson may not be affiliated with the same political
party.
SEC. 303. DUTIES OF THE COMMISSION.
(a) In General.--The Commission--
(1) shall serve as a clearinghouse, gather information,
conduct studies, and issue reports concerning issues relating
to elections for Federal office;
(2) shall carry out the provisions of section 9 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7);
(3) shall make available information regarding the Federal
election system to the public and media;
(4) shall compile and make available to the public the
official certified results of elections for Federal office
and statistics regarding national voter registration and
turnout;
(5) shall establish an Internet website to facilitate
public access, public comment, and public participation in
the activities of the Commission, and shall make all
information on such website available in print;
(6) shall conduct the study on election technology and
administration under subsection (b)(1) and submit the report
under subsection (b)(2); and
(7) beginning on the transition date (as defined in section
316(a)(2)), shall administer--
(A) the voting systems standards under section 101;
(B) the provisional voting requirements under section 102;
(C) the computerized statewide voter registration list
requirements and requirements for voters who register by mail
under section 103;
(D) the Uniform and Nondiscriminatory Election Technology
and Administration Requirements Grant Program under subtitle
A of title II;
(E) the Federal Election Reform Incentive Grant Program
under subtitle C of title II; and
(F) the Federal Election Accessibility Grant Program under
subtitle B of title II.
(b) Studies and Reports on Election Technology and
Administration.--
(1) Study of first time voters who register by mail.--
(A) Study.--
(i) In general.--The Commission shall conduct a study of
the impact of section 103(b) on voters who register by mail.
(ii) Specific issues studied.--The study conducted under
clause (i) shall include--
(I) 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;
(II) 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
(III) 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 on
which section 103(b)(2)(A) takes effect, the Commission shall
submit a report to the
[[Page S2551]]
President and Congress on the study conducted under
subparagraph (A)(i) together with such recommendations for
administrative and legislative action as the Commission
determines is appropriate.
(2) Studies.--The Commission shall conduct periodic studies
of--
(A) methods of election technology and voting systems in
elections for Federal office, including the over-vote and
under-vote notification capabilities of such technology and
systems;
(B) ballot designs for elections for Federal office;
(C) methods of ensuring the accessibility of voting,
registration, polling places, and voting equipment to all
voters, including blind and disabled voters, and voters with
limited proficiency in the English language;
(D) nationwide statistics and methods of identifying,
deterring, and investigating voting fraud in elections for
Federal office;
(E) methods of voter intimidation;
(F) the recruitment and training of poll workers;
(G) the feasibility and advisability of 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 and
establishing election day as a Federal holiday;
(H) 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;
(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;
(J) such other matters as the Commission determines are
appropriate; and
(K) the technical feasibility of providing voting materials
in 8 or more languages for voters who speak those languages
and who are limited English proficient.
(3) Reports.--The Commission shall submit to the President
and Congress a report on each study conducted under paragraph
(2) together with such recommendations for administrative and
legislative action as the Commission determines is
appropriate.
SEC. 304. MEETINGS OF THE COMMISSION.
The Commission shall meet at the call of any member of the
Commission, but may not meet less often than monthly.
SEC. 305. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the
purpose of carrying out this subtitle hold such hearings, sit
and act at such times and places, take such testimony,
receive such evidence, administer such oaths as the
Commission or such subcommittee or member considers
advisable.
(b) Voting.--
(1) In general.--Each action of the Commission shall be
approved by a majority vote of the members of the Commission
and each member of the Commission shall have 1 vote.
(2) Special rules.--
(A) Uniform and nondiscriminatory election technology and
administration requirements.--
(i) Adoption or revision of standards and guidelines.--If
standards or guidelines have been promulgated under section
101, 102, or 103 as of the transition date (as defined in
section 316(a)(2)), not later than 30 days after the
transition date, the Commission shall--
(I) adopt such standards or guidelines by a majority vote
of the members of the Commission; or
(II) promulgate revisions to such standards or guidelines
and such revisions shall take effect only upon the approval
of a majority of the members of the Commission.
(ii) Establishment of standards and guidelines.--
(I) If standards or guidelines have not been promulgated
under section 101, 102, or 103 as of the transition date (as
defined in section 316(a)(2)), the Commission shall
promulgate such standards or guidelines not later than the
date described in subclause (II) and such standards or
guidelines shall take effect only upon the approval of a
majority of the members of the Commission.
(II) The date described this subclause is the later of--
(aa) the date described in section 101(c)(1), 102(c), or
103(c) (as applicable); or
(bb) the date that is 30 days after the transition date (as
defined in section 316(a)(2)).
(B) Grant programs.--
(i) Approval or denial.--The grants shall be approved or
denied under sections 204, 213, and 223 by a majority vote of
the members of the Commission not later than the date that is
30 days after the date on which the application is submitted
to the Commission under section 203, 212, or 222.
(ii) Adoption or revision of general policies and
criteria.--If general policies and criteria for the approval
of applications have been established under section 204, 213,
or 223 as of the transition date (as defined in section
316(a)(2)), not later than 30 days after the transition date,
the Commission shall--
(I) adopt such general policies and criteria by a majority
vote of the members of the Commission; or
(II) promulgate revisions to such general policies and
criteria and such revisions shall take effect only upon the
approval of a majority of the members of the Commission.
(iii) Establishment of general policies and criteria.--
(I) If general policies and criteria for the approval of
applications have been established under section 204, 213, or
223 as of the transition date (as defined in section
316(a)(2)), the Commission shall promulgate such general
policies and criteria not later than the date described in
subclause (II) and such general policies and criteria shall
take effect only upon the approval of a majority of the
members of the Commission.
(II) The date described this subclause is the later of--
(aa) the date described in section 101(c)(1), 102(c), or
103(c) (as applicable); or
(bb) the date that is 30 days after the transition date (as
defined in section 316(a)(2)).
(c) 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 subtitle. Upon request of the Commission, the head
of such department or agency shall furnish such information
to the Commission.
(d) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
SEC. 306. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
shall be compensated at the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(b) Staff.--
(1) Appointment and termination.--Subject to paragraph (2),
the Commission may, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, appoint and terminate an Executive
Director, a General Counsel, and such other personnel as may
be necessary to enable the Commission to perform its duties.
(2) Executive director; general counsel.--
(A) Appointment and termination.--The appointment and
termination of the Executive Director and General Counsel
under paragraph (1) shall be approved by a majority of the
members of the Commission.
(B) Initial appointment.--Beginning on the transition date
(as defined in section 316(a)(2)), the Director of the Office
of Election Administration of the Federal Election Commission
shall serve as the Executive Director of the Commission until
such date as a successor is appointed under paragraph (1).
(C) Term.--The term of the Executive Director and the
General Counsel shall be for a period of 6 years. An
individual may not serve for more than 2 terms as the
Executive Director or the General Counsel. The appointment of
an individual with respect to each term shall be approved by
a majority of the members of the Commission.
(D) Continuance in office.--Notwithstanding subparagraph
(C), the Executive Director and General Counsel shall
continue in office until a successor is appointed under
paragraph (1).
(3) Compensation.--The Commission may fix the compensation
of the Executive Director, General Counsel, and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the Executive Director,
General Counsel, and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(c) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(d) Procurement of Temporary and Intermittent Services.--
The Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
such sums as may be necessary to carry out this subtitle.
Subtitle B--Transition Provisions
SEC. 311. EQUAL PROTECTION OF VOTING RIGHTS ACT OF 2001.
(a) Transfer of Certain Functions of Federal Election
Commission.--There are transferred to the Election
Administration Commission established under section 301 all
functions of the Federal Election Commission under section
101 and under subtitles A and B of title II before the
transition date (as defined in section 316(a)(2)).
(b) Transfer of Certain Functions of the Attorney
General.--
(1) Title i functions.--There are transferred to the
Election Administration Commission established under section
301 all functions of the Assistant Attorney General in charge
of the Civil Rights Division of the Department of Justice
under sections 102 and 103 before the transition date (as
defined in section 316(a)(2)).
(2) Grantmaking Functions.--
(A) In general.--Except as provided in paragraph (2), there
are transferred to the Election Administration Commission
established under
[[Page S2552]]
section 301 all functions of the Attorney General, the
Assistant Attorney General in charge of the Office of Justice
Programs of the Department of Justice, and the Assistant
Attorney General in charge of the Civil Rights Division of
the Department of Justice under subtitles A, B, and C of
title II before the transition date (as defined in section
316(a)(2)).
(B) Exception.--The functions of the Attorney General
relating to the review of State plans under section 204 and
the certification requirements under section 213 shall not be
transferred under paragraph (1).
(3) Enforcement.--The Attorney General shall remain
responsible for any enforcement action required under this
Act, including the enforcement of the voting systems
standards through the Assistant Attorney General in charge of
the Civil Rights Division of the Department of Justice under
section 104 and the criminal penalties under section 502.
(c) Transfer of Certain Functions of the Access Board.--
There are transferred to the Election Administration
Commission established under section 301 all functions of the
Architectural and Transportation Barriers Compliance Board
(as established under section 502 of the Rehabilitation Act
of 1973 (29 U.S.C. 792)) under section 101 and under
subtitles A, B, and C of title II before the transition date
(as defined in section 316(a)(2)), except that--
(1) the Architectural and Transportation Barriers
Compliance Board shall remain responsible under section 223
for the general policies and criteria for the approval of
applications submitted under section 222(a); and
(2) in revising the voting systems standards under section
101(c)(2) the Commission shall consult with the Architectural
and Transportation Barriers Compliance Board.
SEC. 312. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Transfer of Functions of Office of Election
Administration.--There are transferred to the Election
Administration Commission established under section 301 all
functions of the Director of the Office of the Election
Administration of the Federal Election Commission before the
transition date (as defined in section 316(a)(2)).
(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. 313. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) Transfer of Functions.--There are transferred to the
Election Administration Commission established under section
301 all functions of the Federal Election Commission under
the National Voter Registration Act of 1993 before the
transition date (as defined in section 316(a)(2)).
(b) Conforming Amendment.--For purposes of section 9(a) of
the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-7(a)), the reference to the Federal Election
Commission shall be deemed to be a reference to the Election
Administration Commission.
SEC. 314. 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 Administration
Commission for appropriate allocation.
(b) Personnel.--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 Administration Commission.
SEC. 315. COVERAGE OF ELECTION ADMINISTRATION COMMISSION
UNDER CERTAIN LAWS AND PROGRAMS.
(a) Treatment of Commission Personnel Under Certain Civil
Service Laws.--
(1) Coverage under hatch act.--Section 7323(b)(2)(B)(i)(I)
of title 5, United States Code, is amended by inserting ``or
the Election Administration Commission'' after
``Commission''.
(2) Exclusion from senior executive service.--Section
3132(a)(1)(C) of title 5, United States Code, is amended by
inserting ``or the Election Administration Commission'' after
``Commission''.
(b) Coverage Under Inspector General Act of 1978.--Section
8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by inserting ``, the Election Administration
Commission,'' after ``Federal Election Commission,''.
SEC. 316. EFFECTIVE DATE; TRANSITION.
(a) Effective Date.--
(1) In general.--This subtitle and the amendments made by
this subtitle shall take effect on the transition date (as
defined in paragraph (2)).
(2) Transition date defined.--In this section, the term
``transition date'' means the earlier of--
(A) the date that is 1 year after the date of enactment of
this Act; or
(B) the date that is 60 days after the first date on which
all of the members of the Election Administration Commission
have been appointed under section 302.
(b) Transition.--With the consent of the entity involved,
the Election Administration 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 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 C--Advisory Committee on Electronic Voting and the Electoral
Process
SEC. 321. ESTABLISHMENT OF COMMITTEE.
(a) Establishment.--There is established the Advisory
Committee on Electronic Voting and the Electoral Process (in
this subtitle referred to as the ``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall be composed of 16
members as follows:
(A) Federal representatives.--Four representatives of the
Federal Government, comprised of the Attorney General, the
Secretary of Defense, the Director of the Federal Bureau of
Investigation, and the Chairman of the Federal Election
Commission, or an individual designated by the respective
representative.
(B) Internet representatives.--Four representatives of the
Internet and information technology industries (at least 2 of
whom shall represent a company that is engaged in the
provision of electronic voting services on the date on which
the representative is appointed, and at least 2 of whom shall
possess special expertise in Internet or communications
systems security).
(C) State and local representatives.--Four representatives
from State and local governments (2 of whom shall be from
States that have made preliminary inquiries into the use of
the Internet in the electoral process).
(D) Private sector representatives.--Four representatives
not affiliated with the Government (2 of whom shall have
expertise in election law, and 2 of whom shall have expertise
in political speech).
(2) Appointments.--Appointments to the Committee shall be
made not later than the date that is 30 days after the date
of enactment of this Act and such appointments shall be made
in the following manner:
(A) Senate majority leader.--Two individuals shall be
appointed by the Majority Leader of the Senate, of whom 1
shall be an individual described in paragraph (1)(B) and 1
shall be an individual described in paragraph (1)(C).
(B) Senate minority leader.--Two individuals shall be
appointed by the Minority Leader of the Senate, of whom 1
shall be an individual described in paragraph (1)(B) and 1
shall be an individual described in paragraph (1)(C).
(C) Speaker of the house.--Two individuals shall be
appointed by the Speaker of the House of Representatives, of
whom 1 shall be an individual described in paragraph (1)(B)
and 1 shall be an individual described in paragraph (1)(C).
(D) House minority leader.--Two individuals shall be
appointed by the Minority Leader of the House of
Representatives, of whom 1 shall be an individual described
in paragraph (1)(B) and 1 shall be an individual described in
paragraph (1)(C).
(E) Senate majority and house minority jointly.--Two
individuals described in paragraph (1)(D) shall be appointed
jointly by the Majority Leader of the Senate and the Minority
Leader of the House of Representatives.
(F) House majority and senate minority jointly.--Two
individuals described in paragraph (1)(D) shall be appointed
jointly by the Speaker of the House of Representatives and
the Minority Leader of the Senate.
(3) Date.--The appointments of the members of the Committee
shall be made not later than the date that is 30 days after
the date of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Committee. Any vacancy in the
Committee shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(d) Initial Meeting.--Not later than 30 days after the date
on which all of the members of the Committee have been
appointed, the Committee shall hold its first meeting.
(e) Meetings.--
(1) In general.--The Committee shall meet at the call of
the Chairperson or upon the written request of a majority of
the members of the Committee.
(2) Notice.--Not later than the date that is 14 days before
the date of each meeting of the Committee, the Chairperson
shall cause notice thereof to be published in the Federal
Register.
(3) Open meetings.--Each Committee meeting shall be open to
the public.
(f) Quorum.--Eight members of the Committee shall
constitute a quorum, but a lesser number of members may hold
hearings.
(g) Chairperson.--The Committee shall select a Chairperson
from among its members by a majority vote of the members of
the Committee.
(h) Additional Rules.--The Committee may adopt such other
rules as the Committee determines to be appropriate by a
majority vote of the members of the Committee.
SEC. 322. DUTIES OF THE COMMITTEE.
(a) Study.--
(1) In general.--The Committee shall conduct a thorough
study of issues and challenges, specifically to include the
potential for election fraud, presented by incorporating
communications and Internet technologies in the Federal,
State, and local electoral process.
(2) Issues to be studied.--The Committee may include in the
study conducted under paragraph (1) an examination of--
(A) the appropriate security measures required and minimum
standards for certification of systems or technologies in
order to minimize the potential for fraud in voting or in the
registration of qualified citizens to register and vote;
(B) the possible methods, such as Internet or other
communications technologies, that may be utilized in the
electoral process, including the use of those technologies to
register voters and enable citizens to vote online, and
recommendations concerning statutes and rules to be adopted
in order to implement an online or Internet system in the
electoral process;
[[Page S2553]]
(C) the impact that new communications or Internet
technology systems for use in the electoral process could
have on voter participation rates, voter education, public
accessibility, potential external influences during the
elections process, voter privacy and anonymity, and other
issues related to the conduct and administration of
elections;
(D) whether other aspects of the electoral process, such as
public availability of candidate information and citizen
communication with candidates, could benefit from the
increased use of online or Internet technologies;
(E) the requirements for authorization of collection,
storage, and processing of electronically generated and
transmitted digital messages to permit any eligible person to
register to vote or vote in an election, including applying
for and casting an absentee ballot;
(F) the implementation cost of an online or Internet voting
or voter registration system and the costs of elections after
implementation (including a comparison of total cost savings
for the administration of the electoral process by using
Internet technologies or systems);
(G) identification of current and foreseeable online and
Internet technologies for use in the registration of voters,
for voting, or for the purpose of reducing election fraud,
currently available or in use by election authorities;
(H) the means by which to ensure and achieve equity of
access to online or Internet voting or voter registration
systems and address the fairness of such systems to all
citizens; and
(I) the impact of technology on the speed, timeliness, and
accuracy of vote counts in Federal, State, and local
elections.
(b) Report.--
(1) Transmission.--Not later than 20 months after the date
of enactment of this Act, the Committee shall transmit to
Congress and the Election Administration Commission
established under section 301, for the consideration of such
bodies, a report reflecting the results of the study required
by subsection (a), including such legislative recommendations
or model State laws as are required to address the findings
of the Committee.
(2) Approval of report.--Any finding or recommendation
included in the report shall be agreed to by at least \2/3\
of the members of the Committee serving at the time the
finding or recommendation is made.
(3) Internet posting.--The Election Administration
Commission shall post the report transmitted under paragraph
(1) on the Internet website established under section
303(a)(5).
SEC. 323. POWERS OF THE COMMITTEE.
(a) Hearings.--
(1) In general.--The Committee may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out this subtitle.
(2) Opportunities to testify.--The Committee shall provide
opportunities for representatives of the general public,
State and local government officials, and other groups to
testify at hearings.
(b) Information From Federal Agencies.--The Committee may
secure directly from any Federal department or agency such
information as the Committee considers necessary to carry out
this subtitle. Upon request of the Chairperson of the
Committee, the head of such department or agency shall
furnish such information to the Committee.
(c) Postal Services.--The Committee 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) Gifts.--
(1) In general.--The Committee may accept, use, and dispose
of gifts or donations of services or property.
(2) Unused gifts.--Gifts or grants not used at the
expiration of the Committee shall be returned to the donor or
grantor.
SEC. 324. COMMITTEE PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Committee
shall serve without compensation.
(b) Travel Expenses.--The members of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Committee.
(c) Staff.--
(1) In general.--The Chairperson of the Committee may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Committee to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Committee.
(2) Compensation.--The Chairperson of the Committee may fix
the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Committee who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of committee.--Subparagraph (A) shall not be
construed to apply to members of the Committee.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairperson of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 325. TERMINATION OF THE COMMITTEE.
The Committee shall terminate 90 days after the date on
which the Committee transmits its report under section
322(b)(1).
SEC. 326. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this subtitle not less than $2,000,000 from the
funds appropriated under section 307.
(b) Availability.--Any sums appropriated under the
authorization contained in this subtitle shall remain
available, without fiscal year limitation, until expended.
TITLE IV--UNIFORMED SERVICES ELECTION REFORM
SEC. 401. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT
UNIFORMED SERVICES VOTERS IN FEDERAL 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 1606(a)(1) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1278), is amended--
(1) by striking ``Each State'' and inserting ``(a) In
General.--Each State''; and
(2) by adding at the end the following:
``(b) Standards for Invalidation of Certain Ballots.--
``(1) In general.--A State may not refuse to count a ballot
submitted in an election for Federal office by an absent
uniformed services voter--
``(A) solely on the grounds that the ballot lacked--
``(i) a notarized witness signature;
``(ii) an address (other than on a Federal write-in
absentee ballot, commonly known as `SF186');
``(iii) a postmark if there are any other indicia that the
vote was cast in a timely manner; or
``(iv) an overseas postmark; or
``(B) solely on the basis of a comparison of signatures on
ballots, envelopes, or registration forms unless there is a
lack of reasonable similarity between the signatures.
``(2) No effect on filing deadlines under state law.--
Nothing in this subsection may be construed to affect the
application to ballots submitted by absent uniformed services
voters of any ballot submission deadline applicable under
State law.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to ballots described in section
102(b) of the Uniformed and Overseas Citizens Absentee Voting
Act (as added by such subsection) that are submitted with
respect to elections that occur after the date of enactment
of this Act.
SEC. 402. MAXIMIZATION OF ACCESS OF RECENTLY SEPARATED
UNIFORMED SERVICES VOTERS TO THE POLLS.
(a) In General.--Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1),
as amended by section 401(a) of this Act and section
1606(a)(1) of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1278), is
amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(5) in addition to using the postcard form for the
purpose described in paragraph (4), accept and process any
otherwise valid voter registration application submitted by a
uniformed service voter for the purpose of voting in an
election for Federal office; and
``(6) permit each recently separated uniformed services
voter to vote in any election for which a voter registration
application has been accepted and processed under this
section if that voter--
``(A) has registered to vote under this section; and
``(B) is eligible to vote in that election under State
law.''.
(b) Definitions.--Section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is
amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (10), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) The term `recently separated uniformed services
voter' means any individual who was a uniformed services
voter on the date that is 60 days before the date on which
the individual seeks to vote and who--
``(A) presents to the election official Department of
Defense form 214 evidencing their former status as such a
voter, or any other official proof of such status;
``(B) is no longer such a voter; and
``(C) is otherwise qualified to vote in that election.'';
(3) by redesignating paragraph (10) (as redesignated by
paragraph (1)) as paragraph (11); and
(4) by inserting after paragraph (9) the following new
paragraph:
``(10) The term `uniformed services voter' means--
``(A) a member of a uniformed service in active service;
``(B) a member of the merchant marine; and
``(C) a spouse or dependent of a member referred to in
subparagraph (A) or (B) who is qualified to vote.''.
[[Page S2554]]
(c) Effective Date.--The amendments made by this section
shall apply with respect to elections for Federal office that
occur after the date of enactment of this Act.
SEC. 403. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND
ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF
EARLY SUBMISSION.
(a) In General.--Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-3), as amended
by section 1606(b) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1279), is
amended by adding at the end the following new subsection:
``(e) Prohibition of Refusal of Applications on Grounds of
Early Submission.--A State may not refuse to accept or
process, with respect to any election for Federal office, any
otherwise valid voter registration application or absentee
ballot application (including the postcard form prescribed
under section 101) submitted by an absent uniformed services
voter during a year on the grounds that the voter submitted
the application before the first date on which the State
otherwise accepts or processes such applications for that
year submitted by absentee voters who are not members of the
uniformed services.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections for Federal office that
occur after the date of enactment of this Act.
SEC. 404. DISTRIBUTION OF FEDERAL MILITARY VOTER LAWS TO THE
STATES.
Not later than the date that is 60 days after the date of
enactment of this Act, the Secretary of Defense (in this
section referred to as the ``Secretary''), as part of any
voting assistance program conducted by the Secretary, shall
distribute to each State (as defined in section 107 of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-6) enough copies of the Federal military voting
laws (as identified by the Secretary) so that the State is
able to distribute a copy of such laws to each jurisdiction
of the State.
SEC. 405. EFFECTIVE DATES.
Notwithstanding the preceding provisions of this title,
each effective date otherwise provided under this title shall
take effect 1 day after such effective date.
SEC. 406. STUDY AND REPORT ON PERMANENT REGISTRATION OF
OVERSEAS VOTERS; DISTRIBUTION OF OVERSEAS
VOTING INFORMATION BY A SINGLE STATE OFFICE;
STUDY AND REPORT ON EXPANSION OF SINGLE STATE
OFFICE DUTIES.
(a) Study and Report on Permanent Registration of Overseas
Voters.--
(1) Study.--The Election Administration Commission
established under section 301 (in this subsection referred to
as the ``Commission''), shall conduct a study on the
feasibility and advisability of providing for permanent
registration of overseas voters under section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-3), as amended by section 1606(b) of the
National Defense Authorization Act for Fiscal Year 2002
(Public Law 107-107; 115 Stat. 1279) and this title.
(2) Report.--The Commission shall submit a report to
Congress on the study conducted under paragraph (1) together
with such recommendations for legislative and administrative
action as the Commission determines appropriate.
(b) Distribution of Overseas Voting Information by a Single
State Office.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended
by section 1606(a)(1) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1278)
and the preceding provisions of this title, is amended by
adding at the end the following new subsection:
``(c) Designation of Single State Office To Provide
Information on Registration and Absentee Ballot Procedures
for All Voters in the State.--Each State shall designate a
single office which shall be responsible for providing
information regarding voter registration procedures and
absentee ballot procedures to be used by absent uniformed
services voters and overseas voters with respect to elections
for Federal office (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.''.
(c) Study and Report on Expansion of Single State Office
Duties.--
(1) Study.--The Election Administration Commission
established under section 301 (in this subsection referred to
as the ``Commission''), shall conduct a study on the
feasibility and advisability of making the State office
designated under section 102(c) of the Uniformed and Overseas
Citizens Absentee Voting Act (as added by subsection (b))
responsible for the acceptance of valid voter registration
applications, absentee ballot applications, and absentee
ballots (including Federal write-in absentee ballots) from
each absent uniformed services voter or overseas voter who
wishes to register to vote or vote in any jurisdiction in the
State.
(2) Report.--The Commission shall submit a report to
Congress on the study conducted under paragraph (1) together
with such recommendations for legislative and administrative
action as the Commission determines appropriate.
SEC. 407. 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 the preceding provisions of this title, is amended by
adding at the end the following new subsection:
``(d) Report on Number of Absentee Ballots Transmitted and
Received.--Not later than 120 days after the date of each
regularly scheduled general election for Federal office, each
State and unit of local government that administered the
election shall (through the State, in the case of a unit of
local government) submit a report to the Election
Administration Commission (established under the Martin
Luther King, Jr. Equal Protection of Voting Rights Act of
2002) on the number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the
election and the number of such ballots that 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 Administration Commission shall develop a
standardized format for the reports submitted by States and
units of local government under section 102(d) 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. 408. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF
OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS.
Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1), as amended by the preceding
provisions of this title, is amended by adding at the end the
following new subsection:
``(e) Registration Notification.--With respect to each
absent uniformed services voter and each overseas voter who
submits a voter registration application or an absentee
ballot request, if the State rejects the application or
request, the State shall provide the voter with the reasons
for the rejection.''.
SEC. 409. STUDY AND REPORT ON THE DEVELOPMENT OF A STANDARD
OATH FOR USE WITH OVERSEAS VOTING MATERIALS.
(a) Study.--The Election Administration Commission
established under section 301 (in this section referred to as
the ``Commission''), shall conduct a study on the feasibility
and advisability of--
(1) prescribing a standard oath for use with any document
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq) affirming that a material
misstatement of fact in the completion of such a document may
constitute grounds for a conviction for perjury; and
(2) if the State requires an oath or affirmation to
accompany any document under such Act, to require the State
to use the standard oath described in paragraph (1).
(b) Report.--The Commission shall submit a report to
Congress on the study conducted under subsection (a) together
with such recommendations for legislative and administrative
action as the Commission determines appropriate.
SEC. 410. STUDY AND REPORT ON PROHIBITING NOTARIZATION
REQUIREMENTS.
(a) Study.--The Election Administration Commission
established under section 301 (in this section referred to as
the ``Commission''), shall conduct a study on the feasibility
and advisability of prohibiting a State from refusing to
accept any voter registration application, absentee ballot
request, or absentee ballot submitted by an absent uniformed
services voter or overseas voter on the grounds that the
document involved is not notarized.
(b) Report.--The Commission shall submit a report to
Congress on the study conducted under subsection (a) together
with such recommendations for legislative and administrative
action as the Commission determines appropriate.
TITLE V--CRIMINAL PENALTIES; MISCELLANEOUS
SEC. 501. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL
FRAUD STATUTES AND PENALTIES.
(a) Review.--The Attorney General shall conduct a review of
existing criminal statutes concerning election offenses to
determine--
(1) whether additional statutory offenses are needed to
secure the use of the Internet for election purposes; and
(2) whether existing penalties provide adequate punishment
and deterrence with respect to such offenses.
(b) Report.--The Attorney General shall submit a report to
the Judiciary Committees of the Senate and the House of
Representatives, the Senate Committee on Rules and
Administration, and the House Committee on Administration on
the review conducted under subsection (a) together with such
recommendations for legislative and administrative action as
the Attorney General determines appropriate.
SEC. 502. OTHER CRIMINAL PENALTIES.
(a) Conspiracy To Deprive Voters of a Fair Election.--Any
individual who knowingly and willfully gives false
information in registering or voting in violation of section
11(c) of the National Voting Rights Act of 1965 (42 U.S.C.
1973i(c)), or conspires with another to violate such section,
shall be fined or imprisoned, or both, in accordance with
such section.
(b) False Information in Registering and Voting.--Any
individual who knowingly commits fraud or knowingly makes a
false statement with respect to the naturalization,
citizenry, or alien registry of such individual in violation
of section 1015 of title 18, United States Code, shall be
fined or imprisoned, or both, in accordance with such
section.
SEC. 503. USE OF SOCIAL SECURITY NUMBERS FOR VOTER
REGISTRATION AND ELECTION ADMINISTRATION.
(a) In General.--Section 205(c)(2) of the Social Security
Act (42 U.S.C. 405(c)(2)) is amended
[[Page S2555]]
by adding at the end the following new subparagraph:
``(I)(i) It is the policy of the United States that any
State (or political subdivision thereof) may, in the
administration of any voter registration or other election
law, use the social security account numbers issued by the
Commissioner of Social Security for the purpose of
establishing the identification of individuals affected by
such law, and may require any individual who is, or appears
to be, so affected to furnish to such State (or political
subdivision thereof) or any agency thereof having
administrative responsibility for the law involved, the
social security account number (or numbers, if such
individual has more than one such number) issued to such
individual by the Commissioner of Social Security.
``(ii) For purposes of clause (i), an agency of a State (or
political subdivision thereof) charged with the
administration of any voter registration or other election
law that did not use the social security account number for
identification under a law or regulation adopted before
January 1, 2002, may require an individual to disclose his or
her social security number to such agency solely for the
purpose of administering the laws referred to in such clause.
``(iii) If, and to the extent that, any provision of
Federal law enacted before the date of enactment of the Equal
Protection of Voting Rights Act of 2002 is inconsistent with
the policy set forth in clause (i), such provision shall, on
and after the date of the enactment of such Act, be null,
void, and of no effect.''.
(b) Construction.--Nothing in this section may be construed
to supersede any privacy guarantee under any Federal or State
law that applies with respect to a social security number.
SEC. 504. 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.
SEC. 505. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING
RIGHTS.
(a) Registration and Balloting.--Section 102 of the
Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-
1), as amended by section 1606(a)(1) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1278), is amended--
(1) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(2) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State
shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee
ballot in general, special, primary, and runoff elections for
State and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the
election.''.
(b) Conforming Amendment.--The heading for title I of such
Act is amended by striking ``FOR FEDERAL OFFICE''.
SEC. 506. SENSE OF THE SENATE REGARDING STATE AND LOCAL INPUT
INTO CHANGES MADE TO THE ELECTORAL PROCESS.
(a) Findings.--Congress finds the following:
(1) Although Congress has the responsibility to ensure that
our citizens' right to vote is protected, and that votes are
counted in a fair and accurate manner, States and localities
have a vested interest in the electoral process.
(2) The Federal Government should ensure that States and
localities have some say in any election mandates placed upon
the States and localities.
(3) Congress should ensure that any election reform laws
contain provisions for input by State and local election
officials.
(b) Sense of the Senate.--It is the sense of the Senate
that the Department of Justice and the Committee on Election
Reform should take steps to ensure that States and localities
are allowed some input into any changes that are made to the
electoral process, preferably through some type of advisory
committee or commission.
SEC. 507. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE.
(a) Study on the Establishment of a Free Absentee Ballot
Postage Program.--
(1) In general.--The Election Administration Commission
established under section 301 shall conduct a study on the
feasibility and advisability of the establishment by the
Federal Election Commission and the Postal Service of a
program under which the Postal Service shall waive the amount
of postage applicable with respect to absentee ballots
submitted by voters in general elections for Federal office
(other than balloting materials mailed under section 3406 of
title 39, United States Code) that does not apply with
respect to the postage required to send the absentee ballots
to voters.
(2) Public survey.--As part of the study conducted under
paragraph (1), the Election Administration Commission shall
conduct a survey of potential beneficiaries under the program
described in such paragraph, including the elderly and
disabled, and shall take into account the results of such
survey in determining the feasibility and advisability of
establishing such a program.
(b) Report.--
(1) Submission.--Not later than the date that is 1 year
after the date of enactment of this Act, the Election
Administration Commission shall submit to Congress a report
on the study conducted under subsection (a)(1) together with
recommendations for such legislative and administrative
action as the Commission determines appropriate.
(2) Costs.--The report submitted under paragraph (1) shall
contain an estimate of the costs of establishing the program
described in subsection (a)(1).
(3) Implementation.--The report submitted under paragraph
(1) shall contain an analysis of the feasibility of
implementing the program described in subsection (a)(1) with
respect to the absentee ballots submitted in the general
election for Federal office held in 2004.
(4) Recommendations regarding the elderly and disabled.--
The report submitted under paragraph (1) shall--
(A) include recommendations of the Federal Election
Commission on ways that program described in subsection
(a)(1) would target elderly individuals and individuals with
disabilities; and
(B) identify methods to increase the number of such
individuals who vote in elections for Federal office.
(c) Postal Service Defined.--The term ``Postal Service''
means the United States Postal Service established under
section 201 of title 39, United States Code.
SEC. 508. HELP AMERICA VOTE COLLEGE PROGRAM.
(a) Establishment of Program.--
(1) In general.--Not later than 1 year after the
appointment of its members, the Election Administration
Commission (in this section referred to as the
``Commission'') shall develop a program to be known as the
``Help America Vote College Program'' (in this section
referred to as the ``Program'').
(2) Purposes of program.--The purpose of the Program shall
be--
(A) 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
(B) to encourage State and local governments to use the
services of the students participating in the Program.
(b) Activities Under Program.--
(1) 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 subsection
(a)(2).
(2) 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.
(3) 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.
(c) Authorization of Appropriations.--In addition to any
other funds authorized to be appropriated to the Commission,
there are authorized to be appropriated to carry out this
section such sums as may be necessary for fiscal year 2002
and each succeeding fiscal year.
SEC. 509. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Except as specifically provided in section
103(b) of this Act with regard to the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg et seq.), nothing
in this Act may
[[Page S2556]]
be construed to authorize or require conduct prohibited under
the following laws, or supersede, restrict, or limit such
laws:
(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(4) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
1994 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under
Voting Rights Act.--The approval by the Attorney General of a
State's application for a grant under title II, or any other
action taken by the Attorney General or a State under such
title, shall not be considered to have any effect on
requirements for preclearance under section 5 of the Voting
Rights Act of 1965 (42 U.S.C. 1973c) or any other
requirements of such Act.
SEC. 510. VOTERS WITH DISABILITIES.
(a) Findings.--Congress makes the following findings:
(1) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) requires that people with disabilities have
the same kind of access to public places as the general
public.
(2) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) requires that all
polling places for Federal elections be accessible to the
elderly and the handicapped.
(3) The General Accounting Office in 2001 issued a report
based on their election day random survey of 496 polling
places during the 2000 election across the country and found
that 84 percent of those polling places had one or more
potential impediments that prevented individuals with
disabilities, especially those who use wheelchairs, from
independently and privately voting at the polling place in
the same manner as everyone else.
(4) The Department of Justice has interpreted accessible
voting to allow curbside voting or absentee voting in lieu of
making polling places physically accessible.
(5) Curbside voting does not allow the voter the right to
vote in privacy.
(b) Sense of Congress.--It is the sense of Congress that
the right to vote in a private and independent manner is a
right that should be afforded to all eligible citizens,
including citizens with disabilities, and that curbside
voting should only be an alternative of the last resort in
providing equal voting access to all eligible American
citizens.
SEC. 511. 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 President's 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 or on the weekends, 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.
SEC. 512. SENSE OF THE SENATE ON COMPLIANCE WITH ELECTION
TECHNOLOGY AND ADMINISTRATION REQUIREMENTS.
It is the sense of the Senate that full funding shall be
provided to each State and locality to meet the requirements
relating to compliance with election technology and
administration pursuant to this Act.
SEC. 513. BROADCASTING FALSE ELECTION INFORMATION.
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 issues regarding
the broadcasting or transmitting by cable of Federal election
results including broadcasting practices that may result in
the broadcast of false information concerning the location or
time of operation of a polling place.
SEC. 514. SENSE OF THE SENATE REGARDING CHANGES MADE TO THE
ELECTORAL PROCESS AND HOW SUCH CHANGES IMPACT
STATES.
It is the sense of the Senate that--
(1) the provisions of this Act shall not prohibit States to
use curbside voting as a last resort to satisfy the voter
accessibility requirements under section 101(a)(3);
(2) the provisions of this Act permit States--
(A) to use Federal funds to purchase new voting machines;
and
(B) to elect to retrofit existing voting machines in lieu
of purchasing new machines to meet the voting machine
accessibility requirements under section 101(a)(3);
(3) nothing in this Act requires States to replace existing
voting machines;
(4) nothing under section 101(a) of this Act specifically
requires States to install wheelchair ramps or pave parking
lots at each polling location for the accessibility needs of
individuals with disabilities; and
(5) the Election Administration Commission, the Attorney
General, and the Architectural and Transportation Barriers
Compliance Board should recognize the differences that exist
between urban and rural areas with respect to the
administration of Federal elections under this Act.
Amend the title so as to read: ``An Act to require States
and localities to meet uniform and nondiscriminatory election
technology and administration requirements applicable to
Federal elections, to establish grant programs to provide
assistance to States and localities to meet those
requirements and to improve election technology and the
administration of Federal elections, to establish the
Election Administration Commission, and for other
purposes.''.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. ALLEN. Mr. President, I ask unanimous consent to speak for up to
20 minutes on the energy bill.
The PRESIDING OFFICER. Is there objection?
The Chair hears none, and it is so ordered.
The Senator may proceed.
____________________