[Congressional Record Volume 151, Number 6 (Wednesday, January 26, 2005)]
[Senate]
[Pages S563-S565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




VOTING OPPORTUNITY AND TECHNOLOGY ENHANCEMENT RIGHTS ACT OF 2005 (VOTER 
                                  ACT)

  Mr. DODD. Mr. President, as we approach the historic elections in 
Iraq this week, it is important that we pause and take stock of our own 
elections process here in the United States. There is already much we 
can learn from the Iraqi experiment in democracy that can broaden and 
strengthen the participation of our own citizens in their democracy 
here in America. And in light of the continuing barriers that American 
citizens found at polling places across this Nation last November, we 
cannot rest on the laurels of past legislation. We must continue to 
strive to provide an equal opportunity for all citizens to participate 
in their democracy by voting and having their vote counted.
  For that reason, on Monday, I was pleased to introduce S. 17, the 
Voting Opportunity and Technology Enhancement Rights Act of 2005--the 
VOTER Act. I am grateful to the Democratic Leader, Harry Reid, for 
including this comprehensive initiative in his leadership package of 
Democratic legislative priorities for the 109th Congress. There is 
nothing more fundamental to the vitality and endurance of a democracy 
of the people, by people, and for the people, than the people's right 
to vote. In the words of Thomas Paine:

       The right of voting for representatives is the primary 
     right by which other rights are protected.

  With regard to the Iraqi elections, President Bush has made his goal 
for this initial act of democracy clear: he wants as full participation 
in the vote as possible. In his words, he wants ``everybody to vote.'' 
While that is a laudable goal for a fledgling democracy, it should be 
the standard for a democracy that has existed for nearly two and one-
quarter centuries. Regrettably, we have not yet reached that standard. 
In the 2000 presidential election, 51.2 percent of the eligible 
American electorate voted. And although in the 2004 presidential 
election voting participation reached its highest level since 1968, 
still, only 60.7 percent of the eligible Americans voted.
  While there are many reasons why ``everybody'' does not vote in 
America, we learned from the 2000 presidential elections that many 
citizens cannot vote and have their vote counted because they are 
improperly removed from registration rolls, do not have access to 
accessible voting systems and ballots, and lack confidence in 
antiquated and error-prone machines and State administrative 
procedures. In response to those concerns, Congress enacted 
overwhelmingly bipartisan legislation--the Help America Vote Act of 
2002, or HAVA. For the first time in our history, that landmark 
legislation established the role of the Federal Government in 
administering and funding Federal elections. The twin goals of this act 
are to make it easier to vote and harder to defraud the system.
  On the day that the Senate adopted its version of HAVA, I noted that 
the Senate bill was a bipartisan compromise and the culmination of the 
hard work of a dedicated group of Senators, including my distinguished 
colleagues, Senator McConnell and Senator Bond, and others. But I also 
noted that the compromise was just that--it was not everything that all 
of us wanted, but it was something that everyone wanted. That was 
equally true of the final HAVA compromise on election reform.

[[Page S564]]

  While many of the most important reforms in HAVA do not have to be 
implemented by the States until the 2006 Federal elections, the 2004 
presidential election raised both continuing and new concerns. And the 
most important of these concerns are either not addressed by HAVA at 
all, or in some few instances, may actually be the result of HAVA. The 
fact that barely over one-half of the eligible voting age population 
voted in 2004 underscores the reality that not everybody votes in 
America. We must do better, and we can.
  At a time when our Nation and its leaders are building a new 
democracy in Iraq, we must not forget that building democracy begins at 
home. Just as eligible Iraqis, in this first post-Saddam election, are 
able to fully participate in democracy by voting from across the globe, 
so should eligible American voters be able to fully participate in 
democracy by voting from across the globe. Just as Iraqi voters will be 
able to vote prior to election day at early voting sites, so should 
American voters be able to participate in early voting. If Iraqis can 
register to vote on election day, then American voters should be able 
to register to vote on election day.
  Building democracy must begin at home. The legislation I introduced 
this week will provide American voters with many of the same rights and 
opportunities to participate in democracy that Iraqi voters have been 
given with the support of the blood, sweat and tears of American 
soldiers--and the resources of American taxpayers.
  The Voting Opportunity and Technology Enhancement Rights Act of 2005, 
or the VOTER Act, provides every eligible American, regardless of where 
they live in the world or where they find themselves on election day, 
the right to cast a National Federal Write-In Absentee Ballot in 
Federal elections. This new national absentee ballot extends to all 
citizens the same right to a Federal absentee ballot that overseas and 
active military voters currently have. Beginning with Federal elections 
in 2007, every State shall provide early voting opportunities for a 
minimum of 15 days prior to election day, including Saturdays. 
Beginning in 2007, any otherwise eligible voter must be allowed to 
register to vote on election day and have that vote counted in Federal 
elections.
  Additionally, the VOTER Act addresses many of the recurring, and new, 
barriers to voting that voters faced at the polls last November. It 
requires that a State count a provisional ballot for Federal office 
cast within the State by an otherwise eligible voter, notwithstanding 
the polling place in which the ballot is cast.
  HAVA established a uniform national right for every voter in a 
Federal election to receive and cast a provisional ballot. This new 
right was intended to ensure that no otherwise eligible voter could be 
turned away from the polls because of an administrative error, or other 
challenge. But in 2004, we saw this right eroded by States and applied 
in non-uniform ways. Some States, such as Ohio, initially interpreted 
HAVA to require that a voter be in their correct precinct in order to 
cast a Federal provisional ballot. Other States, such as Iowa, 
interpreted the same HAVA language to allow challenged voters to cast a 
provisional ballot in their county of residence. Whether or not the 
provisional ballot was ultimately counted turned solely on State law. 
The VOTER Act ensures that eligible voters who cast a provisional 
ballot for Federal office will have that ballot counted in a uniform 
manner.
  The VOTER Act requires that each State provide a minimum required 
number of voting systems and poll workers for each polling place on 
election day and during early voting, consistent with mandatory 
standards established by the Election Assistance Commission--EAC.
  On election day there was a recurring problem across the country of 
long lines and disenfranchised voters because of too few voting systems 
or ballots at polling places and too few poll workers to assist voters. 
This requirement becomes effective for Federal elections on or after 
January 1, 2007.
  To ensure that all voters have an equal opportunity to independently 
verify their ballot before it is cast and counted, the VOTER Act 
requires that by 2009, all States provide voters a voter-verified 
ballot with a choice of at least four formats for recording their 
verification: a paper record; an audio record; a pictorial record; and 
an electronic record or other means which is fully accessible to the 
disabled, including the blind and visually impaired.
  HAVA already requires that all voting systems provide the voter an 
opportunity to verify their ballot before it is cast and counted. HAVA 
also requires that all voting systems produce a permanent paper record 
for audit purposes. However, HAVA does not spell out how that 
verification is to be achieved to ensure security and independence of 
the voter's choice.
  Some have called on Congress to require a voter-verified paper 
ballot. Such is inherently discriminatory against the disabled, 
particularly the blind and visually-impaired. HAVA already requires 
that all voters, regardless of disability, be able to verify their 
ballots. With current and developing technology, it is simply 
unacceptable, and unnecessary, to discriminate against any voter by 
requiring that such verification be in paper form.
  For good reason, many in the disabled community believe that 
additional election reform legislation will deter State and local 
administrators from complying with the existing deadlines under HAVA. 
While they oppose any such efforts, to the extent that legislation is 
proposed regarding the voter verified ballot, they support this 
approach which assures full accessibility for all voters.
  While I had hoped that the EAC would have addressed this issue in the 
voluntary voting system standards required under HAVA to be issued last 
year, those standards have yet to be issued. I encourage the EAC to 
incorporate guidance for fully accessible voter verified ballots in the 
section 301 Voting System Standards to be issued this year.
  The VOTER Act also addresses the continuing problem of minority 
disenfranchisement through last-minute purges of voter registration 
lists by requiring States to provide public notice of any such purges 
not later than 45 days before a Federal election.
  To expedite the studies called for under HAVA for establishing 
election day as a Federal holiday, the VOTER Act requires the EAC to 
complete its study and issue recommendations within 6 months of 
enactment and earmarks funds within the EAC budget solely for this 
purpose.
  The VOTER Act includes amendments to HAVA that build on the existing 
voting system requirements to ensure that all voting systems, including 
punch cards and central count optical scan machines, provide voters 
with actual notice of over-votes. Also, beginning in 2009, States must 
allow for voter registration through the Internet.
  The VOTER Act also includes provisions to ensure both the security 
and uniform treatment of voter registration applications by requiring 
that all voters sign an affidavit attesting to both their citizenship 
and age, in lieu of the HAVA requirements for a check-off box alone, 
effective in 2007.
  HAVA requires that voter registration forms include questions 
regarding citizenship and age with check-off boxes that applicants use 
to indicate whether or not they meet eligibility requirements. States 
are further required to contact any applicant who does not fill in the 
boxes in order to complete the form. However, in the 2004 elections, 
States implemented this requirement in widely varying ways, resulting 
in non-uniform treatment of voters in Federal elections.
  In some cases, States refused to process the form and failed to 
contact the voter. In other States, voters who had submitted incomplete 
forms were asked to complete those forms at the polling place. While 
the twin purposes of HAVA were to make it easier to vote and harder to 
defraud the system, as implemented this requirement achieves neither 
purpose.
  This requirement further resulted in disenfranchising voters who 
failed to check a box but nonetheless signed an affidavit, under 
penalty of perjury, attesting to both their citizenship and age. With 
the implementation of statewide voter registration lists, the check-off 
box requirement is unnecessary and burdensome to both voters and 
election administrators.

[[Page S565]]

  To ensure that the implementation of the voter identification 
requirements in HAVA do not make it harder to vote, the VOTER Act 
expands the forms of identification that can be used to establish 
identity for first-time voters who submit their voter registration by 
mail to include an affidavit executed by the voter attesting to his or 
her identity, generally subject to penalties for perjury under State 
law.
  The VOTER Act also responds to concerns first raised in the 2000 
Presidential election in Florida, and echoed again in the 2004 
election, regarding the appearance of impartiality by State election 
officials who were otherwise active in Federal campaigns. The bill 
imposes new accountability and transparency requirements on States, 
beginning in 2007, including a public notice requirement of any changes 
in State law affecting the administration of elections, such as changes 
in polling places and actions denying access to polling place 
observers.
  To ensure the independence of the Election Assistance Commission, and 
the timely issuance of guidance and standards, the bill provides the 
agency with independent budget authority and the authority to issue 
mandatory standards to implement the new requirements.
  Finally, in recognition of the inherent role of the States in the 
administration of Federal elections, the VOTER Act provides additional 
Federal funds for the State requirement grants under HAVA to implement 
the new requirements.
  While Congress accomplished much with the passage of the Help America 
Vote Act following the debacle of the 2000 Presidential election, 4 
years later in the 2004 election, voters faced many of the same 
barriers to voting that HAVA promised to remove. As Iraqis go to the 
polls this week, let us assure our own citizens that we have done all 
we can to ensure that every eligible American voter has an equal 
opportunity to cast a vote and have that vote counted in Federal 
elections.
  I ask unanimous consent that a brief section-by-section analysis be 
printed in the Record following my remarks.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    S. 17, Voting Opportunity and Technology Enhancement Act of 2005


                      Section-by-Section Analysis

       Sec. 1.--Title; Table of Contents.
       Sec. 2.--Findings and Purposes.

          Sec. 3.--National Federal Write-In Absentee Ballot.

       Sec. 3 creates a National Federal Write-in Absentee Ballot 
     (NFWAB) for Federal office to be used in a Federal election 
     by any otherwise eligible voter.
       Sec. 3 requires States to accept the NFWAB cast by any 
     person eligible to vote in a Federal election, provided the 
     ballot has been postmarked or signed by the voter before the 
     close of the polls on election day.
       Sec. 3 requires the Election Assistance Commission to 
     prescribe a national Federal write-in absentee ballot and 
     prescribe standards for distributing the ballot, including 
     distribution through the Internet.
       Sec. 4.--Voter Verified Ballots.
       Sec. 4 requires that all voting systems purchased after 
     January 1, 2009 and used in Federal elections provide an 
     independent means for each voter to verify the ballot before 
     it is cast and counted.
       Sec. 4 allows each voter to choose one means of 
     verification from among the following options--(1) paper; (2) 
     audio; (3) pictorial; or (4) an electronic record accessible 
     for voters with disabilities.
       Sec. 5.--Requirements for Counting Provisional Ballots.
       Sec. 5 requires that a State shall count a provisional 
     ballot for Federal office cast within the State by an 
     otherwise eligible voter, notwithstanding the polling place 
     in which the ballot is cast.
       Sec. 6.--Minimum Required Voting Systems and Poll Workers 
     in Polling Places.
       Sec. 6 requires that each state shall provide the minimum 
     required number of voting systems and poll workers for each 
     polling place on election day and during early voting, 
     consistent with mandatory standards established by the 
     Election Assistance Commission.
       Sec. 7.--Election Day Registration.
       Sec. 7 requires that each State shall provide for election 
     day registration in a Federal election for any otherwise 
     eligible individual, using a form established by the Election 
     Assistance Commission, unless the State does not have a voter 
     registration requirement.
       Sec. 8.--Integrity of Voter Registration Lists.
       Sec. 8 requires that each State provide public notice at 
     least 45 days before a Federal election of all names removed 
     from the voter registration list.
       Sec. 9.--Early Voting.
       Sec. 9 requires that each State shall establish an early 
     voting program for a minimum of 15 calendar days before a 
     Federal election that provides a uniform voting period each 
     day, except Sunday, for at least 4 hours.
       Sec. 10.--Acceleration of Study on Election Day as a Public 
     Holiday.
       Sec. 10 requires the Election Assistance Commission to 
     submit within 6 months of enactment of this Act the report on 
     establishing a public election day holiday and uniform poll 
     closing time, and authorizes $100,000 for fiscal year 2006 
     for that purpose.
       Sec. 11.--Improvements to Voting Systems.
       Sec. 11 requires that punch card and central count voting 
     systems conform to the in-person notice of over-votes in Sec. 
     301 of the Help America Vote Act and to permit a voter to 
     verify and change or correct any errors before the ballot is 
     cast and counted.
       Sec. 12.--Voter Registration.
       Sec. 12 requires that, by January 1, 2009, the mail 
     registration form be changed to include an affidavit to be 
     signed by the voter attesting to citizenship and age 
     eligibility and requires each State to establish a program to 
     permit voter registration through the Internet.
       Sec. 13.--Establishing Voter Identification.
       Sec. 13 requires that an individual may meet the 
     identification requirement for voters who register by mail as 
     described in Sec. 303 of the Help America Vote Act by 
     executing a written affidavit attesting to the individual's 
     identity.
       Sec. 13 requires the Election Assistance Commission to 
     develop standards for verifying voter identification 
     information required for registration (the driver's license 
     number or last four digits of the social security number), as 
     described in Sec. 303 of the Help America Vote Act.
       Sec. 14.--Impartial Administration of Elections.
       Sec. 14 requires that each State will issue a public notice 
     of changes in State election law since the most recent 
     election.
       Sec. 14 requires that each State will allow uniform, 
     nondiscriminatory access to observe a Federal election at any 
     polling place to party challengers, voting and civil rights 
     organizations, and nonpartisan domestic and international 
     observers.
       Sec. 15.--Strengthening the Election Assistance Commission.
       Sec. 15 requires the Election Assistance Commission to 
     provide budget estimates and requests to the Congress, the 
     House Administration Committee, and the Senate Rules and 
     Administration Committee when it submits such estimates and 
     requests to the President or Office of Management and Budget; 
     the section provides rule-making authority for the Election 
     Assistance Commission with respect to subtitle C of this Act; 
     the section requires that the Director of the National 
     Institutes of Standards and Technology provide the Commission 
     with technical support.
       Sec. 15 authorizes $23 million for the operational costs of 
     the Election Assistance Commission for fiscal year 2006, with 
     $3 million earmarked for the National Institute of Standards 
     and Technology for technical support, and such sums as 
     necessary for the succeeding fiscal years.
       Sec. 16.--Authorization of Appropriations.
       Sec. 16 authorizes $2 billion for fiscal year 2006 and such 
     sums as necessary thereafter for requirements grants to 
     States under title II of the Help America Vote Act to 
     implement the additional requirements.
       Sec. 17.--Effective Date.
       Sec. 17 requires that the amendments made by this Act take 
     effect on January 1, 2007, except as provided otherwise to 
     take effect on January 1, 2009.

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