[Congressional Record Volume 154, Number 116 (Tuesday, July 15, 2008)]
[House]
[Pages H6536-H6541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   ESTABLISHING PROGRAM TO MAKE GRANTS REGARDING BACKUP PAPER BALLOTS

  Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 5803) to direct the Election Assistance 
Commission to establish a program to make grants to participating 
States and units of local government which will administer the 
regularly scheduled general election for Federal office held in 
November 2008 for carrying out a program to make backup paper ballots 
available in the case of the failure of a voting system or voting 
equipment in the election or some other emergency situation, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5803

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. GRANTS TO STATES AND UNITS OF LOCAL GOVERNMENT FOR 
                   MAKING BACKUP PAPER BALLOTS AVAILABLE IN CASE 
                   OF VOTING SYSTEM OR EQUIPMENT FAILURE OR OTHER 
                   EMERGENCY SITUATION.

       (a) Grants by Election Assistance Commission.--The Election 
     Assistance Commission (hereafter referred to as the 
     ``Commission'') shall establish a program under which the 
     Commission shall make a grant to each participating State and 
     each participating unit of local government for carrying out 
     a program to make backup paper ballots available in the case 
     of the failure of a voting system or voting equipment or some 
     other emergency situation in the administration of the 
     regularly scheduled general election for Federal office held 
     in November 2008.
       (b) Requirements for Eligibility.--
       (1) Application.--A State or unit of local government is 
     eligible to participate in the program established by the 
     Commission under this Act if the State or unit of local 
     government submits an application to the Commission at such 
     time and in such manner as the Commission shall require, and 
     includes in the application--
       (A) a certification that the State or unit of local 
     government has established a program that meets the 
     requirements of paragraph (2) to make backup paper ballots 
     available in the case of the failure of a voting system or 
     voting equipment or some other emergency situation;
       (B) a statement of the reasonable costs the State or unit 
     of local government expects to incur in carrying out its 
     program;
       (C) a certification that, not later than 60 days after the 
     date of the election, the State or unit of local government 
     will provide the Commission with a statement of the actual 
     costs incurred in carrying out its program;
       (D) a certification that the State or unit of local 
     government will repay the Commission any amount by which the 
     payment made under this Act exceeds the actual costs incurred 
     in carrying out its program; and
       (E) such other information and certifications as the 
     Commission may require.
       (2) Program requirements.--The requirements of this 
     paragraph for a program to make backup paper ballots 
     available in the case of the failure of a voting system or 
     voting equipment or some other emergency situation are as 
     follows:
       (A) In the event that the voting equipment at a polling 
     place malfunctions and cannot be used to cast ballots on the 
     date of the election or some other emergency situation exists 
     which prevents the use of such equipment to cast ballots on 
     that date, any individual who is waiting at the polling place 
     on that date to cast a ballot in the election and who would 
     be delayed due to such malfunction or other emergency 
     situation shall be notified by the appropriate election 
     official of the individual's right to use a backup paper 
     ballot, and shall be provided with a backup paper ballot for 
     the election, the supplies necessary to mark the ballot, and 
     instructions on how to mark the ballot to prevent overvotes.
       (B) Any backup paper ballot which is cast by an individual 
     pursuant to the program of a State or unit of local 
     government shall be counted as a regular ballot cast in the 
     election and tabulated on the date of the election, and shall 
     not be treated (for eligibility purposes) as a provisional 
     ballot under section 302(a) of the Help America Vote Act of 
     2002, unless the individual casting the ballot would have 
     otherwise been required to cast a provisional ballot if the 
     voting equipment at the polling place had not malfunctioned 
     or an emergency situation had not existed which prevented the 
     use of such equipment to cast ballots.
       (C) The program of a State or unit of local government is 
     carried out in accordance with standards established by the 
     State or unit of local government which include protocols for 
     delivering and supplying backup paper ballots to polling 
     places and for notifying individuals of the right to use the 
     backup paper ballots.
       (c) Amount of Grant.--The amount of a grant made to a State 
     or unit of local government under the program established by 
     the Commission under this Act shall be equal to the amount of 
     the reasonable costs the State or unit of local government 
     expects to incur in carrying out its program, as provided in 
     the application under subsection (b)(1)(B).

     SEC. 2. STATE DEFINED.

       In this Act, the term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, American 
     Samoa, and the United States Virgin Islands.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for grants under 
     the program established by the Commission under this Act 
     $75,000,000. Any amount appropriated pursuant to the 
     authority of this section shall remain available without 
     fiscal year limitation until expended.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from California (Mr. 
McCarthy) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous matter in the Record on H.R. 5803.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time 
as I may consume.
  I introduced H.R. 5803 at the request of election advocates and 
elected officials as a simple solution to deal with some of the 
problems jurisdictions may face this election day.
  The bill provides reimbursements through grants to jurisdictions that 
choose to provide backup paper ballots in the event of voting machine 
failure or some other emergency situation for this November's election. 
The language in the legislation has been crafted, at the request of 
State and local governments, to allow them to decide what constitutes 
an emergency situation. That could mean anything from machine failure 
to long lines to problems with polling place staffing. It is fully up 
to the jurisdiction to determine what justifies the use of backup paper 
ballots and how to distribute them.
  As mentioned, this is 100 percent optional. If States already use 
paper, including electronic machines with a voter verifiable paper 
audit trail, it's unlikely they would apply for a grant.
  Of the 14 States that use electronic voting machines without paper 
trails, only 5 have no paper requirements at all and 9 States and the 
District of Columbia only use these machines in some jurisdictions. All 
this legislation provides is an additional method of instilling voter 
confidence. The grants provided in this bill allow jurisdictions to 
have a contingency plan, backup paper ballots, in case there are 
mistakes by poll workers or another cause and to determine when and how 
to implement that plan. Another provision included in the legislation 
allows the jurisdiction to determine when and how the backup paper 
ballots are distributed to voters.
  The bill has been drafted in full cooperation with and is supported 
by the National Council of State Legislators, the National Association 
of County Officials, and the National Association of

[[Page H6537]]

Secretaries of State. All those organizations have submitted letters of 
support, as has Ohio Secretary of State Brunner, who calls it 
``meaningful and respectful of State authority in election 
administration matters.''
  In addition to the support of State and local governments, the bill 
is supported by election integrity groups, including People for the 
American Way, the Brennan Center, the Lawyers Committee For Civil 
Rights Under the Law, Common Cause, Verified Vote, Counted as Cast, and 
just today the NAACP Legal Defense Education Fund. Additional input was 
provided by disability rights groups who have told us that the bill has 
no adverse impact on their community and that they approve the 
language.
  As we have seen, broad support for election-related legislation is 
not easy to accomplish. Backup paper ballots are a unifying factor 
between election officials and election advocates. It's 100 percent 
optional, and the responsibility and mechanisms for implementation is 
left to the State and local officials. The bill is a measured and 
proactive step towards improving the system of election administration 
for this November.
  Voter turnout in the 2008 presidential primaries was at 28 percent of 
the country's estimated eligible voters. That's a record one in four 
eligible voters, actually slightly more. The turnout rate has not been 
that high since 1972, when the voting age was lowered to 18. Given this 
record primary turnout, providing State and local jurisdictions the 
option to have backup paper ballots could mitigate any challenges they 
may face on Election Day in November. This bill helps ensure election 
integrity and national electoral confidence and respects State and 
local jurisdictions' responsibility to administer elections.
  I would also note that given the fiscal situation of most States and 
most counties, providing some assistance in this paper ballot measure 
is extremely important. I know, for example, in my own State of 
California there is a tremendous multibillion-dollar budget deficit 
that is mimicked in counties throughout the State. We have received a 
report from CRS that outlines various things that could concern us, 
including long lines in jurisdictions that have DREs. The paper ballot 
backup measure could help mitigate against that problem.
  And, finally, I would note that the cost of this measure, this 
authorization, is really the price we pay every day for an afternoon in 
Iraq. Surely we can spend the equivalent of an afternoon in Iraq to 
preserve, protect, and defend our own electoral system in one of the 
most important elections our Nation will see this November.
  With that, I would urge the passage of the bill.

                                   Brennan Center for Justice,

                                     New York, NY, April 30, 2008.
     Re Support for H.R. 5803, the ``Back Up Paper Ballot Bill''.

     Representative Zoe Lofgren,
     Chair, Subcommittee on Elections, Committee on House 
         Administration, House of Representatives, Washington, DC.

       Dear Representative Lofgren: Thank you for your leadership 
     and commitment to improving the security, reliability, and 
     accessibility of our voting systems. In an election year that 
     has garnered unprecedented voter interest, it is particularly 
     important to have good policies and procedures in place in 
     advance of the November elections.
       For this reason, we strongly support H.R. 5803, the Back Up 
     Paper Ballot Bill. News reports of machine problems during 
     states' recent presidential primary elections provide a 
     preview of potentially widespread machine failure and 
     disenfranchisement in November. H.R. 5803 would reimburse 
     jurisdictions for costs associated with providing voters 
     emergency paper ballots in the event of machine breakdowns.
       In elections past, machine failures have caused long lines 
     at the polls and disenfranchised untold numbers of voters. 
     Encouraging the use of emergency paper ballots will help 
     ensure that every voter may have her vote counted and make it 
     much less likely that voters will be forced to wait on long 
     lines or turned away from the polls because of machine 
     malfunction--these are particularly important considerations 
     for November's elections, when turnout is expected to be 
     high.
           Sincerely,
                                                  Lawrence Norden,
     Counsel.
                                  ____



                             National Association of Counties,

                                      Washington, DC, May 6, 2008.
     Re H.R. 5803.
     Hon. Zoe Lofgren,
     Chairwoman, House Subcommittee on Elections, Longworth House 
         Office Building, Washington, DC.

       Dear Representative Lofgren: On behalf of the National 
     Association of Counties I write in support of H.R. 5803. We 
     understand the legislation does not mandate but instead 
     provides a voluntary opt-in grant program for states and 
     counties that wish to provide for emergency paper ballots in 
     the November, 2008 presidential election.
       NACo appreciates the voluntary nature of this legislation. 
     It is important that states and counties have the flexibility 
     of a voluntary program to determine if what has been proposed 
     federally will actually work at the state and local level. 
     The Help America Vote Act created a relationship between 
     states and localities which needs to be maintained and fully 
     funded.
       We understand that the bill provides that states certify to 
     the Election Assistance Commission (EAC) any reasonable costs 
     they expect to incur by participating in the emergency ballot 
     grant program. We ask that report language clarify that the 
     EAC may not unilaterally reject a state/county-certified 
     reasonable cost.
       NACo thanks you for your leadership in introducing this 
     legislation and appreciates the opportunity to work with you 
     and your staff to craft a reasonable bill. Please direct any 
     questions or comments to our Legislative Director, Edwin 
     Rosado (202) 942-4271, [email protected]. Thank you for your 
     support of America's counties.
           Sincerely,
                                                     Eric Coleman,
     President.
                                  ____

                                            National Conference of


                                           State Legislatures,

                                       Denver, CO, April 28, 2008.
     Re H.R. 5803.

     Hon. Zoe Lofgren,
     Chairwoman, House Subcommittee on Elections, Longworth House 
         Office Building, Washington, DC.
       Dear Representative Lofgren: On behalf of the National 
     Conference of State Legislatures (NCSL) I write in support of 
     H.R. 5803, legislation that would provide a voluntary opt-in 
     grant program for states that wish to provide for emergency 
     paper ballots in the November, 2008 presidential election. 
     NCSL greatly appreciates your and the Subcommittee's 
     willingness to work with state officials on this legislation 
     that is meaningful and respectful of state authority in 
     election administration matters.
       NCSL further appreciates the voluntary nature of this 
     legislation. It is important to states that they have the 
     flexibility of a voluntary program to determine if what has 
     been proposed federally will actually work at the state 
     level. That being said, NCSL has two questions that I hope 
     will be answered during the markup of this bill. First, 
     because the bill provides for participation by both 
     localities and states, is there a mechanism in the bill to 
     provide that localities that decide to apply for funding 
     notify their state of their intentions? The Help America Vote 
     Act created a relationship between states and localities 
     which needs to be maintained. NCSL asks that report language 
     or an amendment be made that requires localities to notify 
     their state if they are going to apply. Second, the bill 
     provides that states certify to the Election Assistance 
     Commission (EAC) any reasonable costs they expect to incur by 
     participating in the emergency ballot grant program. Are 
     these costs in any way reviewable by the EAC? NCSL would ask 
     that report language clarify that the EAC may not 
     unilaterally reject a state-certified reasonable cost.
       Again, NCSL thanks you for your leadership in introducing 
     this legislation and appreciates the opportunity to work with 
     you and your staff to craft a reasonable bill. Please direct 
     any questions or comments to NCSL staff Susan Parnas 
     Frederick (202) 624-3566, [email protected]. Thank 
     you.
           Sincerely,

                                                  Donna Stone,

                                   State Representative, Delaware,
     President, NCSL.
                                  ____

                                            Lawyers' Committee for


                                       Civil Rights Under Law,

                                   Washington, DC, April 29, 2008.
     Hon. Zoe Lofgren,
     Chair, Subcommittee on Elections,
     Cannon House Office Building,
     Washington, DC.
       Dear Representative Lofgren: As the legal leader of 
     Election Protection, the nation's largest non-partisan voter 
     protection coalition, I write to thank you for introducing 
     critical legislation to provide voters with backup paper 
     ballots in the event that election machines fail. The bill is 
     a measured, proactive step towards improving the system of 
     election administration before this year's critical federal 
     election.
       Election Protection is a year round, comprehensive voter 
     protection effort providing support to coalition partners and 
     voters alike in their efforts to cast a meaningful ballot. In 
     addition to preparing for Election Day activities, the 
     Lawyers' Committee works with local and state election 
     officials, as well as in the halls of Congress, to facilitate 
     election reform. In its role as the legal leader of the 
     coalition, the Lawyers' Committee will recruit, train and 
     deploy over

[[Page H6538]]

     10,000 attorneys and law students to participate in Election 
     Protection efforts. Law firms host command centers on 
     Election Day, and attorneys and other trained volunteers 
     answer hotline calls from voters. The Lawyers' Committee 
     creates, revises, and distributes legal manuals with current 
     election law in all target states and coordinates 
     comprehensive election administration activities conducted by 
     Election Protection Legal Committees (EPLC), the coalition of 
     local volunteers working with us throughout the country. When 
     necessary, litigation may occur.
       In addition to helping our coalition partners and voters, 
     since 2004, Election Protection has developed the most 
     comprehensive picture of election administration from the 
     perspective of the American voter. That experience has shown 
     first hand scores of voters turned away because election 
     machinery broke down without an adequate safeguard. Likewise, 
     in places where there are procedures to administer emergency 
     paper ballots in the wake of a machine failure or other 
     emergency situation, poll workers had not been adequately 
     trained to distribute the ballots to people waiting to cast a 
     vote.
       As detailed in our report ``Election Protection 2008: 
     Looking Ahead to November,'' we have seen these problems in 
     Maryland, New York & Texas. The Potomac Primaries, held on 
     February 12, 2008, provided examples of why this is much 
     needed. In Maryland near record turnout swamped poll workers 
     and precincts throughout the state. The Election Protection 
     hotline, 1-866-OURVOTE, which is administered by the Lawyers' 
     Committee, received numerous reports of voting machines 
     breaking down. Making the problem worse, many poll workers 
     were not properly trained to hand-out emergency ballots, 
     causing voters to leave without casting a ballot.
       The Lawyers' Committee strongly supports Rep. Lofgren's 
     initiative to direct the Election Assistance Commission to 
     make grants available to states and local governments that 
     implement a program to make backup paper ballots available in 
     the case of the failure of a machine voting system or other 
     emergency situation.
       The bill calls for poll workers to provide paper ballots to 
     any individual who is waiting at the polling place on that 
     date to cast a ballot in the election and who would be 
     delayed due to a machine malfunction or other emergency 
     situation.
       These ballots will be treated as regular ballots in lieu of 
     the provisional status afforded to some paper ballots cast in 
     accordance with federal law via the Help America Vote Act.
       Machine breakdowns, long lines and a shortage of poll 
     workers have hampered effective election administration 
     throughout the country. Rep. Lofgren's bill provides a 
     proactive solution to an anticipated problem at the polls on 
     November 4, 2008.
       The Lawyers' Committee for Civil Rights Under Law strongly 
     encourages the passage of this bill. It is a proactive step 
     in improving the administration of elections across the 
     country.
           Sincerely,
     Jonah H Goldman,
       Director, National Campaign for Fair Elections, A Project 
     of the Voting Rights Section of the Lawyers' Committee for 
     Civil Rights Under Law.

  Mr. Speaker, I reserve the balance of my time.
  Mr. McCARTHY of California. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I reluctantly rise in opposition to H.R. 5803, which 
unfortunately creates a system of IOUs for States with no guarantee of 
being paid back with Federal money.
  Notwithstanding my concerns about even the necessity of this bill and 
the majority's desire to federalize traditionally local responsibility 
of administering elections, as outlined in the Constitution, it's 
difficult to understand how we are going to pay States back this year 
for promises we are making in this bill when Democrat congressional 
leaders have indicated that they will not complete work on 
appropriation bills this year. A leader on the House Appropriations 
Committee was quoted as describing the appropriations process as 
``dead'' and later clarified the chances of appropriations this year 
are ``slight.''
  Additionally, the majority leader in the other body was recently 
described in an article called ``No Lame Duck Session'' as wanting ``to 
punt most of the 12 annual appropriation bills to the 111th Congress.'' 
He said, ``I would hope that before we would leave here this year, we 
would do a continuing resolution . . . ''
  So the question I have is where are we going to get this money to pay 
back the States for a grant program in this bill? Are we just 
demonstrating once again that Washington is broken by wasting more time 
when we could focus on finding solutions to our Nation's pressing 
problems, like the energy crisis?
  Prioritizing concerns continues to be a problem that plagues 
Congress. Today we are debating a bill asking State and local election 
jurisdictions to do something that many already do and to pay for 
something that many already pay for. According to a recent survey of 
elected officials, if we are trying to improve election administration 
for the November, 2008, election, why not focus on a problem that 
strikes at the heart of our democracy, making sure that the votes of 
our brave men and women protecting our country abroad are counted? I 
encourage my colleagues to focus on efforts that will provide the 
greatest impact, including the Military Voting Protection Act, also 
called the MVP Act, which has 42 cosponsors. The MVP Act helps ensure 
that military personnel are not left out of the election process while 
serving our country overseas by improving delivery methods so the votes 
are counted. I look forward to working with my colleagues in the House 
Administration Committee towards addressing these and other issues 
internal to the strength of our Nation's elections.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I would just note before 
recognizing Representative Gonzalez that this is an authorization 
measure but there is money that has already been appropriated and 
allocated to States under HAVA that if we pass this would then become 
available for the backup paper ballots.
  Mr. Speaker, I would now recognize a member of the committee, a 
former judge and valued colleague, Congressman Charles Gonzalez, for 2 
minutes.
  Mr. GONZALEZ. I thank my colleague for yielding and giving me this 
time and commend her for her efforts.
  Mr. Speaker, I rise in strong support of H.R. 5803.
  I think we saw the greatest participation ever seen in our primaries. 
I know that in Texas we had over 4 million voters in the March 4 
primary.

                              {time}  1715

  On November 4 it's predicted that we will have record turnouts. And 
the people who will be coming on November 4 will be voting not only for 
President but in dozens of races for Senator, Representative and State 
positions. We should rejoice in the civic involvement, and we should 
ensure that things run as smoothly as possible. With H.R. 5803 the 
Federal Government would fulfill our role by supporting the States, the 
counties and the municipalities who run our elections, the hardworking 
men and women who volunteer to ensure that democracy not only survives 
but can continue to flourish in this country.
  We created the Election Assistance Commission in 2002 for this very 
purpose. By providing grants to the election officials who require this 
assistance, H.R. 5803 will ensure that no citizen is turned away 
because his voting machine has broken down. By supporting these backup 
paper ballots, we are supporting the right of every citizen to vote and 
to have his or her vote counted. We can help to ensure that no citizen 
is asked to choose between voting and getting to work on time. With 
H.R. 5803, we can say we accomplished that goal, that no citizen should 
be forced to choose between voting or feeding their children.
  It is right and proper, too, that H.R. 5803 empowers the State and 
local officials rather than impeding them. No State is required to 
participate, but every State can do so if they so choose. We cannot 
predict every problem that may arise, but we can be sure that problems 
there will be. By putting money into the hands of the officials on the 
scene, we give the State and local governments the ability to react to 
problems as they arise. We empower them to provide the dependable low-
tech paper ballots that are needed, that we know will work and that 
everyone can trust. That is why H.R. 5803 has the support of State 
officials and voting rights groups alike throughout this country. And 
it is why I support it and why I hope that we will have the support of 
every Member of this House.
  Mr. McCARTHY of California. Mr. Speaker, I yield 5 minutes to the 
dean of the Ohio delegation, Mr. Regula.
  (Mr. REGULA asked and was given permission to revise and extend his 
remarks.)

[[Page H6539]]

  Mr. REGULA. Mr. Speaker, and my colleagues, I rise in opposition to 
H.R. 5803.
  Historically, the administration of elections is a State and local 
responsibility. This includes providing for a backup method of voting 
if a piece of equipment fails or in the case of an emergency. This bill 
proposes to use Federal taxpayer dollars to fund an activity that State 
and local election officials are already performing. As stated in the 
minority views on this bill, ``H.R. 5803 is an unnecessary and costly 
solution to a problem that doesn't exist.''
  The elections are only a few months away, and encouraging 
jurisdictions to change their election procedures now, after the 
primaries, could lead to confusion on Election Day.
  In addition, the administration strongly opposes this bill since this 
is over $1 billion of funding that has already been appropriated that 
is currently available to the States to prepare for and conduct the 
2008 elections.
  Finally, even if this authorizing bill were enacted into law, no 
appropriations will be provided to fund it. We're approaching the 
August recess, and no fiscal year 2009 appropriation bills have cleared 
either body. According to media reports, only the Defense and Military 
Construction bills have even a chance of being enacted before the 
transition to the new administration. This means that there will be no 
financial services and general government appropriations bills to fund 
this program.
  Why are we debating a bill to authorize new spending for the November 
election if the appropriations bill that would fund this activity won't 
be enacted until after the election? New legislation and additional 
Federal election funding are not warranted at this time.
  I urge my colleagues to vote ``no'' on this piece of legislation.
  Ms. ZOE LOFGREN of California. Mr. Speaker, before yielding to Mr. 
Ellison, I would like to include in the Record a letter from the 
Secretary of State of Ohio urging support of the bill.

                                               Columbus, Ohio,

                                                   April 29, 2008.
     Re Letter of support for H.R. 5803.

     Hon. Zoe Lofgren,
     Cannon House Office Building,
     Washington, DC.
       Dear Congresswoman Lofgren: I write to extend my support 
     for H.R. 5803, which would create a grant program for states 
     to print and utilize backup paper ballots for the November 
     2008 federal elections. In Ohio, we thoroughly tested the 
     reliability and security of direct recording electronic (DRE) 
     voting machines and found them susceptible to performance 
     problems and security lapses. Until we can obtain funding to 
     replace DRE voting systems in the 53 counties in Ohio that 
     utilize DREs as their primary voting system., we have found 
     that backup paper ballots: Ensure that voters have the option 
     to vote a paper ballot, Alleviate congestion due to long 
     lines, and Serve as emergency ballots in the case of machine 
     or power failure.
       Ohio utilized backup paper ballots during the March 4, 2008 
     primary election. In at least two specific instances, they 
     proved to be vital when machines could not be used because 
     they were programmed incorrectly and when sustained power 
     outages exhausted the life of batteries in DRE voting 
     machines. We plan to utilize backup paper ballots again in 
     November with even greater specifics in their implementation 
     and use. In short, we believe that in Ohio, backup paper 
     ballots offer a transitional solution to a wholesale change 
     of voting systems and provide a means to better ensure 
     election integrity this November.
       Recently, I worked with Congressman Rush Holt on H.R. 5036, 
     which included backup paper ballot provisions similar to 
     those found in H.R. 5803. I supported his efforts concerning 
     reimbursements to the states for backup paper ballots. 
     Likewise, I support your advancement of H.R. 5803's grant 
     program for backup paper ballots and offer any assistance I 
     can provide toward passage of this worthwhile measure.
       In December 2007, my office released what is known as the 
     ``EVEREST Report,'' a massive voting machine study of the 
     three voting systems used in Ohio: Premiere (formerly 
     Diebold), ES&S, and Hart Intercivic. The EVEREST Report 
     contained scientific and industrial findings that Ohio's 
     voting systems (also used throughout the country), 
     specifically DRE voting systems, lack basic security 
     safeguards required and provided in other applications 
     throughout the computer industry, are prone to deterioration 
     in performance and software operation, and need reengineering 
     and improved procedures for operation. In response, I issued 
     a directive (Directive 2008-01) to all boards of elections on 
     January 2, 2008, requiring all counties utilizing DRE voting 
     machines as their primary system of voting to print backup 
     paper ballots in the amount of at least 10% of the number of 
     voters who voted in a similar, previous election.
       The directive permitted any voter who preferred a paper 
     ballot to vote by paper ballot and for such paper ballots to 
     be counted on election night as part of the unofficial count. 
     Until Ohio has secured funding to move its counties utilizing 
     DRE voting technology to optical scan paper ballot 
     technology, backup paper ballots provide needed security and 
     reliability to ensure that disenfranchisement does not occur 
     and to provide for greater integrity in post-election audit 
     procedures.
       My office has ordered our 53 county boards of elections 
     that utilize DREs as their primary voting system to provide 
     the Ohio Secretary of State's office with the costs of 
     impLementing the backup paper ballot directive, and once we 
     have obtained these numbers, I will be happy to share them 
     with you. I can tell you, initially, the costs for even the 
     largest counties were in the low 5 figures, and for. most, 
     they were in the low 4 figures. From initial figures 
     provided, it appears that your proposal would be a cost 
     effective means to ensure election confidence, especially 
     since the November 2008 election will be the first 
     presidential election where DRE use will be widespread.
       I appreciate the opportunity to communicate my support for 
     H.R 5803. Restoring and ensuring confidence in Ohio elections 
     is an essential goal of my administration. Our state has made 
     great strides in this respect, and we will continue to work 
     toward this end, especially for November's election, when 
     Ohio again is likely to be a pivotal state in the 
     presidential contest. H.R 5803 would provide Ohio, along with 
     many other states, a simple but important tool to ensure 
     election integrity and increase national electoral 
     confidence. Please feel free to contact me if I can provide 
     you with additional information or support.
           Sincerely,
                                                 Jennifer Brunner,
                                          Ohio Secretary of State.

  Ms. ZOE LOFGREN of California. I now would yield to the gentleman 
from Minnesota (Mr. Ellison) whose Secretary of State has been a 
witness in our committee and who has been a leader in election law 
reforms, 2 minutes.
  Mr. ELLISON. Mr. Speaker, let me thank the chairlady for this 
excellent piece of legislation which I urge all of our colleagues to 
support.
  Imagine, Mr. Speaker, a young person voting for the first time, 
freshly 18 years old getting a chance to vote, waiting in line and 
finding out that there are no more ballots because of one reason or 
another. Or imagine the person is a senior citizen who has plowed so 
much into our country, forged a way for us in this society, but yet 
they stand in line, no backup ballots, they can't vote because the 
machine broke down. Or what about a veteran, Mr. Speaker, a veteran who 
has served in Iraq or Afghanistan who stands in line trying to cast a 
ballot to select a leader of their choice in their community and the 
machine breaks down, no ballots, and they're not able to cast a vote.
  This is a very commonsense, reasonable and responsible piece of 
legislation that goes to the very heart of what we are here to do in 
this Capitol today as the United States Congress which is to make sure 
that democracy marches forward. This is prudent. This is wise. This is 
smart. This is a dollar very, very well spent because it ensures that 
our country continue to reflect the rich diversity in this body so 
people can vote and pick their leaders.
  Mr. Speaker, I can't imagine why anyone wouldn't want to support this 
excellent legislation.
  I urge a ``yes'' vote.
  Mr. McCARTHY of California. Mr. Speaker, I yield 5 minutes to the 
former Secretary of State of Michigan and my good friend, Mrs. Candice 
Miller.
  Mrs. MILLER of Michigan. I appreciate the gentleman yielding the 
time.
  Mr. Speaker, as was mentioned, actually for 8 years I had the 
distinct honor and privilege really to serve as Michigan's Secretary of 
State. And in that role, a principal responsibility of mine was to 
serve as the State's chief elections officer. And I was blessed with an 
absolutely outstanding professional staff that helped to ensure that 
not only were our elections open, free and fair, but also that everyone 
in Michigan who was eligible and properly registered to vote had an 
opportunity to vote and that every one of those votes was counted.
  After the 2000 election, naturally, the Ford-Carter Commission on 
National Election Reform cited Michigan's Qualified Voter File, a file 
that we built in Michigan, as a national model,

[[Page H6540]]

a attribute to Michigan's well-run elections. That report also cited 
the need for each State to establish a uniform voting system, a process 
that we had already been studying in Michigan. We were prepared with a 
uniform voting plan as soon as this Congress passed the HAVA Act, the 
Help America Vote Act.
  And as a result, today Michigan has an optical scan uniform voting 
system, and we have experienced little or no problems with that system. 
And this was due to careful, long-term planning and professional work 
by our State elections bureau working in partnership with local 
election clerks.
  And, Mr. Speaker, the bill that we are considering today will provide 
Federal grants for States to do contingency planning for this year's 
election. Well, here is our Michigan contingency plan, a plan that I 
believe is also in place right now by the huge overwhelming majority of 
the States in our Nation. We require that optical scan ballots be 
printed for 100 percent of all registered voters. If an optical scan 
precinct tabulator malfunctions on Election Day, the clerks allow 
voters to continue, and then they have voters deposit their ballots in 
the auxiliary bin of the ballot box which they can count later. Plan 
complete, at no cost to the Federal taxpayers. And as I understand it, 
this bill actually has a cost associated with it of I believe $75 
million.
  The proponents of this bill note that they have had some support of 
the National Council of State Legislatures as well as the National 
Association of County Officials. And they cite that as good reasons to 
support this legislation. Well, I would respectfully point out that 
these officials have no responsibility in the actual administering of 
elections. And I would note that the National Association of 
Secretaries of State, of which I was proud to be a member, and now I'm 
an honorary member, and also the NASS-ED, which is the association of 
State elections directors, neither of those two national election 
associations are up here on Capitol Hill advocating for this 
legislation.
  And these are the two groups, as I say, which are totally made up of 
those who are responsible for the administration of elections in our 
Nation, and those who also do the contingency planning. If those 
responsible, Mr. Speaker, for planning and administering elections are 
not asking for this bill, I would ask why is it being offered?
  I would urge my colleagues to defeat this needless bill and allow our 
elections officials across our Nation to continue their diligent work 
in preparing for this fall's election.
  Ms. ZOE LOFGREN of California. Mr. Speaker, before recognizing Mr. 
Langevin, I would note that the Secretary of State Associations helped 
us draft this bill, but they were not going to have a meeting to 
actually take a vote on support in time for today. But they did assist 
in the drafting.
  I would now recognize our colleague from Rhode Island, Congressman 
Langevin, who is a former Secretary of State himself, for 2 minutes on 
the bill.
  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LANGEVIN. I thank the gentlelady for yielding.
  Mr. Speaker, I rise in strong support of H.R. 5803, legislation that 
would establish a voluntary program so election officials can offer 
voters a backup paper ballot in the event of an emergency. Now when I 
served as the Secretary of State for the State of Rhode Island, I 
reformed our State's voting machines and election processes to make 
them more accurate and accountable. From that experience, I know that 
ensuring confidence in our voting system is the cornerstone of our 
democracy.
  As the 2008 election promises to bring out record numbers of voters 
to the polls, H.R. 5803 will boost confidence among the electorate by 
ensuring that voters are not turned away from the polling places, do 
not wait in long lines and do not incorrectly receive provisional 
ballots because of malfunctioning voting systems. H.R. 5803 authorizes 
$75 million to establish a voluntary, and I repeat voluntary, opt-in 
grant programs for State and local governments that wish to provide 
backup paper ballots in the coming November elections.
  Although many States already require emergency paper ballots, the 
2008 Presidential primaries revealed that many jurisdictions do not 
have the resources to provide backup ballots. For example, during 
Pennsylvania's 2008 Presidential primary, a Philadelphia precinct 
experienced failures with both of its electronic voting machines 
causing voters to wait in long lines or even leave without voting at 
all because of a lack of emergency paper ballots. Now we can't allow 
that to happen. H.R. 5803 provides the necessary resources for States 
to prepare for potential problems so that voters are not turned away 
from the polls because the voting system malfunctions.
  The National Conference of State Legislatures and the National 
Association of Counties support H.R. 5803 because it is meaningful and 
respectful of State authority in election administration matters. H.R. 
5803 has been crafted to allow jurisdictions to determine when and how 
the backup ballots are distributed. The legislation is not a mandate, 
and it's purely a voluntary option for jurisdictions to consider.
  In closing, I would like to thank the Elections Subcommittee 
Chairwoman Lofgren for her leadership in bringing this bill to the 
floor today in the first place. And I would also like to thank my 
friend from New Jersey (Mr. Holt) who has raised awareness about the 
importance of voting machine accuracy and accountability. I have been 
proud to work with him on a number of efforts, and I look forward to 
our continued cooperation.
  I urge all of my colleagues to support H.R. 5803 to ensure that we 
maintain public confidence in our voting procedures as we approach this 
coming election season.
  Mr. McCARTHY of California. Mr. Speaker, if I may inquire about how 
many more speakers are on the other side.
  Ms. ZOE LOFGREN of California. Several.
  Mr. McCARTHY of California. I will continue to reserve my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, may I inquire how much 
time remains on either side.
  The SPEAKER pro tempore. The gentlewoman from California has 9 
minutes. The gentleman from California has 12 minutes.
  Ms. ZOE LOFGREN of California. Mr. Speaker, at this point, I would 
like to recognize a valued member of our committee, Congresswoman Susan 
Davis, for 2 minutes.
  Mrs. DAVIS of California. Mr. Speaker, I rise in support of Ms. Zoe 
Lofgren's bill, H.R. 5803. In our State of California, voting machines 
were decertified after a careful scientific review showed them to be 
prone to problems. Now we use paper. We don't need backup ballots. But 
many jurisdictions still use the voting machines that they purchased. 
And it becomes obvious that even under the management of the most 
diligent election officials, glitches with voting systems are rare, but 
they are inevitable.
  The question is not whether there will be some technical problems on 
Election Day, but how will we respond? How bad will they be? Asking 
voters to come back is not a solution. We must have a plan B, a plan B 
ready on the spot.
  That is what this bill gives us. Most of the time, as we know, 
emergency ballots will go unused. But we cannot afford to be without 
them. Opponents would argue that it's wasteful to invest in something 
we hope never to use. Well would we ever think of not investing in life 
rafts on ships, air bags on cars, or fire escapes on buildings? 
Emergency paper ballots are the air bag of our democracy. We can't 
afford not to have them in place when the vitality of election is on 
the line. And we know, Mr. Speaker, that in November, that will be the 
case. The election could be very close. And the country needs to come 
together in the end.
  If people believe that somehow they didn't have the opportunity to 
vote, then they will perceive that this was not a fair election. After 
a spirited election, people will come together, but only if the 
American faith in our democracy has been borne out. This is one way to 
help. And I believe that we must go forward and look at this. Only the 
States that need it will apply. And I would expect that they would be 
very prudent in the way they request that

[[Page H6541]]

kind of funding through the grant program.

                              {time}  1730

  Mr. McCARTHY of California. Mr. Speaker, I continue to reserve.
  Ms. ZOE LOFGREN of California. Mr. Speaker, at this point I would 
like to recognize for 2 minutes the gentleman from New Jersey (Mr. 
Holt) who has worked so diligently on election matters in this 
Congress.
  Mr. HOLT. Mr. Speaker, I rise in support of H.R. 5803, a bill that 
would reimburse States and localities to make paper backup ballots 
available for this November 2008 election.
  I compliment Representative Lofgren for introducing this measure 
which would allow more Americans to vote than might otherwise be able 
if their only option was failed electronic voting. The bill would also 
allow more Americans to vote when facing long lines, something that has 
been documented widely.
  Passing comprehensive election reform to help ensure the accuracy, 
integrity, and security of our electronic voting systems and other 
voting systems has long been a priority for me. At the beginning of the 
110th Congress, I introduced legislation to establish national 
standards of verifiable elections. That bill has not received a floor 
vote despite support from a bipartisan majority of Members.
  So in January of this year, many of us introduced simplified, 
optional legislation that would reimburse States that convert to paper 
ballot voting systems, offer backup paper ballots, and/or conduct 
random audits in this fall's election. Unfortunately, following 
opposition from the White House, the vote broke mostly on party lines 
and the bill was not passed.
  After our opt-in legislation was not passed, I urged Congress to 
reconsider this issue, and so I am pleased that the House Committee on 
Administration has incorporated part of our legislation into the bill 
on the floor today. This is a useful step.
  The ability to vote is the most important right as it is the right 
through which citizens secure all of our other rights. Yet public 
cynicism is rampant, and could cripple our democracy.
  Increasing the availability of paper ballots, however, is only one of 
the steps that we must take to address the documented problems faced by 
voters and election officials.
  I will continue to work with Ms. Lofgren and others to ensure that 
Congress does all it can to protect the integrity and accuracy of our 
elections, and to give voters confidence in their system. Each election 
each year in recent years, cynicism has grown among voters. I hope my 
colleagues will join in the continuing effort to provide verifiable, 
reliable, confident voting.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I yield 1\1/2\ minutes to 
the gentlewoman from Ohio (Mrs. Jones).
  Mrs. JONES of Ohio. Mr. Speaker, usually I am not on the floor 
speaking twice in one day, but two issues have come to the floor today 
that are of great importance to me. First was the Medicare veto 
override; and, secondly, voting.
  Yesterday I had an opportunity to attend the NAACP national 
convention. Next year that organization will be 100 years old, and in 
the course of all of the work that the NAACP has done over the past 100 
years, voting has clearly been at the forefront of all that they have 
done, and I am aware that the NAACP voter fund is supporting this 
legislation.
  I come from the great State of Ohio, but voting in Ohio has not been 
great in many years. In fact, in 2004, I objected to the counting of 
the Ohio electoral votes because of some of the problems we faced in 
Ohio in 2004, and one of those was running out of ballots, a lack of 
sufficient machines available for people to vote, and young people in 
Kenyon College standing in line for 10 and 11 hours.
  Our new Secretary of State, Jennifer Brunner, supports this 
legislation. And in fact in our primary in March of this year, we used 
paper ballots as backup. It is so very important that we don't 
disappoint any voter when they come to the ballot box because a machine 
is down or paper ballots are not available.
  I want to applaud my colleague and applaud the work she is doing. The 
people of the United States of America are pleased and proud that we 
are standing up to ensure that everybody has the right to vote, that 
their vote is counted, and that vote is secure. I thank you very much 
for your leadership.
  Mr. McCARTHY of California. Mr. Speaker, I continue to reserve my 
time.
  Ms. ZOE LOFGREN of California. The last speaker that we were 
expecting has not shown, so if the gentleman is prepared to close and 
yield back, I will do the same.
  Mr. McCARTHY of California. Mr. Speaker, I rise in opposition for a 
number of reasons. First and foremost, we are putting forward 
legislation that we will not even be able to fund. Appropriations said 
they will not meet, they will not pass, so we are telling States that 
this is an IOU.
  Secondly, Mr. Speaker, over $3 billion in Federal grants have been 
made available to States in 2008 in previous years to assist with 
election systems and administration which can include the purchase of 
authorized backup paper ballots. Of this amount, over $1 billion 
remains unspent, but we are asking the Federal Government to spend 
more.
  Mr. Speaker, we are talking about paper ballots. Survey after survey 
of Secretaries of States have shown that they have backup operations 
prepared for their States and their ballots. Even in our own committee, 
Mr. Speaker, you have pointed out time and time again that paper 
ballots are where mistakes are made when they are hand counted. Paper 
ballots are where things become manipulated. So, Mr. Speaker, I ask for 
a ``no'' vote.
  I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I would urge that we 
approve this very modest measure. As has been noted by the White House 
in their statement today, there is $1 billion that has been 
appropriated and remains unspent by States to prepare and conduct the 
2008 elections. Most of those funds are allocated to the purchase of 
DREs that have been so troublesome, and this authorization would allow 
for a very modest portion of a maximum of $75 million of that 
appropriated funds to be used for backup paper ballots.
  In my own county of Santa Clara, we ran out of ballots this election 
year, and people were scrambling. That was before the massive budget 
cuts that the county is facing. And I will just say this. Having been 
on the board of supervisors for longer than I have been in the United 
States House of Representatives, I understand how tough it is to 
balance those budgets. At local government, there is no deficit 
spending. What you have got is what you can spend. So county boards of 
supervisors all over the country are trying to figure out how to run an 
election with local funds and also keep the county hospital open and 
also fund the sheriff's department and also keep the parks open and 
keep the streets paved.
  I fear that backup paper ballots in November are not going to compete 
with some of the more pressing needs and so this bill is enormously 
important. We can pass it today and have a more orderly election so 
that no American is denied their right to vote. I urge Members to put 
partisanship aside, to support this very modest measure that is 
supported by election officials all over the United States.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the bill, H.R. 5803.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. McCARTHY of California. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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