[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.
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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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