[Congressional Record Volume 151, Number 57 (Wednesday, May 4, 2005)]
[Extensions of Remarks]
[Page E869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 HELP AMERICA VOTE ACT AMENDMENTS BILL

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Wednesday, May 4, 2005

  Ms. NORTON. Mr. Speaker, I am pleased to be an original cosponsor of 
the comprehensive Voting Opportunity and Technology Enhancement Rights 
Act of 2005 (H.R. 533), introduced by Judiciary Committee Ranking 
Member John Conyers. Rep. Conyers' new bill amends and improves the 
Help America Vote Act of 2002 (HAVA), enacted after the chaos of the 
2000 presidential election. Congressman Conyers has done the Nation an 
important service by systematically reviewing HAVA (including 
conducting his own hearings here and elsewhere in the country) against 
the actual experience of the 2004 elections.
  The three amendments to HAVA that I introduce today similarly arose 
out of my own experience during the 2004 elections here in the District 
of Columbia and campaigning in other parts of the country during the 
2004 presidential elections. The first, Section 303A, is an amendment 
that responds to long lines throughout the country, which may have 
deterred significant numbers of voters. This amendment to HAVA would 
require states to permit counties or other subdivisions upon request to 
begin voting prior to the scheduled date of an election. During the 
recent election, some subdivisions had voting machines that were modern 
and plentiful, while other jurisdictions in the same state were 
burdened with scarce and out-of-date machines, resulting in long lines. 
In the pivotal state of Ohio, which determined the outcome of the close 
2004 presidential election, the controversy was deepened by reports 
that lines were particularly long in counties where there were large 
minority populations compared with largely white counties.
  One reason for the difference is that in many states, voting machines 
are purchased by counties or other subdivisions. Differences in income 
levels, tax bases and other issues often result in large disparities 
within the same state in the availability of machines. Small changes in 
the day voting begins can help eliminate these disparities and the 
lines that can discourage the exercise of the right to vote, without 
the often significant capital investment in new equipment.
  Section 2 of my bill adds a section to HAVA that responds to calls to 
my office concerning absentee ballots which inadvertently did not 
include postage, or had insufficient postage. This section requires 
officials to accept such absentee ballots. Postage mistakes may be made 
depending on the number of issues on the ballot and the resulting size 
and weight of the envelope containing the ballot. The cost to 
authorities, if any, is de minimis. There should be no doubt that such 
ballots should be counted.
  Section 3 amends HAVA to eliminate the confusion when first-time or 
infrequent voters or others go to incorrect voting sites or when the 
usual voting site has been changed. To encourage voting, voters 
registered anywhere in the state could cast a provisional ballot and 
have it counted and verified. However, voters would be told the correct 
polling site to allow the option of going to the correct site and 
thereby avoiding any doubt that their ballots would be counted. 
  The 2000 presidential election was a calamity of such historic 
proportions that it cast doubt on the validity of the election of the 
President of the United States and led to the enactment of HAVA. The 
continuing problems in the 2004 elections were serious, unacceptable, 
and controversial. Although that election also was close, it did not 
have the razor thin margin of 2000 that delayed certification and 
settlement of the final result through a Supreme Court decision. 
However, the 2004 elections were another close call that yielded bitter 
controversy. Congress must be willing to learn from our continuing 
experience to make improvements in protecting the right to vote as they 
are needed. My bill simply uses the experience from my own district and 
elsewhere to contribute to this effort.

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