[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voter education; confusing ballots; outdated and unreliable voting 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.

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