[Congressional Record Volume 156, Number 65 (Tuesday, May 4, 2010)]
[Senate]
[Pages S3095-S3097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself, Mr. Kerry, Mr. Carper, Ms. Cantwell, 
        Mr. Merkley, and Mrs. Gillibrand):
  S. 3299. A bill to amend the Help America Vote Act of 2002 to allow 
all eligible voters to vote by mail in Federal elections; to the 
Committee on Rules and Administration.
  Mr. WYDEN. Mr. President, today I am introducing a package of three 
bills to improve the administration of U.S. elections. These bills 
would empower voters--giving them a greater ability to control how and 
when they participate in the electoral process. Just as technological 
developments have changed the way people manage everything from their 
bank accounts to their communication with friends and family, they can 
also give voters more power to control their involvement in the 
electoral process. By empowering individual voters, my bills would 
increase turnout and lower administrative costs, while improving the 
security and integrity of elections.
  As my colleagues know, I am an ardent believer in bipartisanship. One 
thing both parties agree on is that the states are great laboratories 
for policy innovation. The bills I am introducing today are prime 
examples of progress that was pioneered at the state level. It's now 
time to take that proven success to the national level.
  An increasing number of voters across the country now Vote by Mail. 
In fact, in the 2008 presidential election, one-fifth of ballots 
nationwide were cast by mail. I am proud to say that the State that 
blazed the trail for Vote by Mail is my home State of Oregon. There 
were many steps along this path, but the turning point came in 1996. 
That year, Oregon conducted its first State-wide primary and general 
election for a Federal race exclusively by mail. That election, of 
course, sent me to the U.S. Senate. But that election was not just a 
success for my campaign, it was a win for the voters of Oregon.
  Through the success of Vote by Mail for that special election, folks 
in Oregon saw that elections could be conducted without long lines, 
malfunctioning equipment, and the risks of fraud inherent at polling 
places. The resounding success of that first Vote by Mail, State-wide, 
Federal election led directly to the passage of a referendum in Oregon 
on Vote by Mail two years later. In 1998, an overwhelming majority--70 
percent--of Oregonians voted to adopt Vote by Mail for all elections. 
The Vote by Mail system was fully in place for the next election cycle, 
meaning that since 2000, all Oregon voters have voted exclusively by 
mail.
  The three bills I am introducing today draw upon the success that 
Oregon has experienced with Vote by Mail and more recently with online 
voter registration. The first is the Universal Right to Vote by Mail 
Act. This bill would put into law the fact that every citizen has the 
right to vote by mail. Under this bill, any voter who requests an 
absentee ballot would receive one. No longer would arbitrary 
requirements block voters from choosing to Vote by Mail.
  The second bill is the Vote by Mail Act. It would provide grants to 
states, or smaller jurisdictions, that wish to make the transition to 
Vote by Mail.
  Finally, the Online Voter Registration Act would provide grants to 
states that wish to implement an online system that would allow voters 
to register to vote, update voter information, and request an absentee 
ballot using the internet. In Oregon, Washington, and Arizona, online 
systems are already working to reduce administrative costs and make it 
easier for voters to participate in elections.
  Ten years of proven results with Oregon's Vote by Mail system has 
shown that this policy experiment has been a resounding success. Voters 
in Oregon strongly support Vote by Mail. An academic study conducted in 
2005 found that over 80 percent of Oregonians prefer Vote by Mail to 
conventional polling place elections. Vote by Mail is also a more cost-
effective way to run elections. In Oregon, the Elections Division 
estimated that costs were reduced by 30 percent when Vote by Mail 
replaced polling place elections.
  One of the greatest results that Vote by Mail has had on Oregon's 
election is that it has increased voter turnout and that's an outcome 
that every state should want. In the three Presidential elections in 
Oregon since Vote by Mail was adopted, turnout has been 84 percent--an 
increase of 6 percent over the three prior Presidential elections. Vote 
by Mail has an even stronger beneficial impact on turnout for lower-
profile elections, such as off-year, municipal, or referenda elections.
  Vote by Mail also reduces election fraud. This may sound counter-
intuitive to skeptics who believe voting by mail is less secure than 
voting at a polling place. However, a Vote by Mail system offers many 
safeguards that are not available in conventional elections. There is a 
paper trail for each and every vote, and the processing is conducted at 
a central, secure location that can be viewed by the public. By 
expanding the voting period--rather than compressing it into one day--
Vote by Mail affords election officials the time to identify problems, 
fix errors, and investigate any questionable ballots. If the goal of 
our country's elections is to make sure the voice of every voter is 
heard clearly and securely, there is no greater tool than Vote by Mail.
  Oregon's experience has shown that in a Vote by Mail system fraud is 
almost non-existent. Every ballot envelope is scrutinized before it is 
opened, and the voter's signature on it is reviewed to make sure it 
matches the one on file for the voter. With the longer time period 
involved--typically about two and a half weeks--in a Vote by Mail 
election, there is ample opportunity to determine whether a ballot is 
valid before it is counted and to investigate any allegations of fraud. 
If a ballot is fraudulent, it never gets counted. That could never 
happen in a polling place election where, by the time fraud is found, 
the vote has already been counted and can't be retrieved. Since Oregon 
converted to exclusive Vote by Mail elections, over 15 million ballots 
have been cast. During this time, thousands of ballots have been 
challenged and investigated for allegations of fraud. Thorough 
investigation of every allegation, however, has revealed only nine 
instances of vote fraud. There has been absolutely no evidence of any 
large-scale, systemic vote fraud that some predicted when Vote by Mail 
was first adopted in Oregon.
  Vote by Mail offers additional advantages that may not be readily 
apparent. For example, on Election Day in 2006, Tillamook County, 
Oregon, experienced a deluge of 13 inches of rain. Roads were closed, 
parts of the county

[[Page S3096]]

became unreachable, and a State of emergency was declared. Even so, 70 
percent of the voters in Tillamook County cast their ballots. Vote by 
Mail ensured that lack of access to polling places because of a natural 
disaster on Election Day was no impediment to voting.
  It is not only bad weather that can be overcome with Vote by Mail--an 
illness, caring for a loved one, pregnancy, work, travel, or religious 
obligations can all keep citizens from exercising their right to vote 
at a polling place on a one-day election. Vote by Mail trumps all of 
these obstacles. Such barriers are not an issue in Oregon, but they may 
prevent voters in 28 states and territories from voting. In those 
states and territories, voters must meet arbitrary requirements to get 
an absentee ballot. I believe the decision to obtain an absentee ballot 
should be made by the voter. I can see no justification for allowing 
arbitrary, bureaucratic rules to disenfranchise any voter anywhere in 
America.
  I would also note that excuse requirements for obtaining an absentee 
ballot constitute an unwarranted invasion of voter privacy. All 
information submitted on an absentee ballot request form becomes part 
of the public record. There is no reason why voters should be forced to 
reveal sensitive personal information simply to have the opportunity to 
vote. I believe all voters should enjoy equal access to mail ballots 
while having their privacy ensured.
  That is why I am introducing the Universal Right to Vote by Mail Act. 
This bill is, fundamentally, about access and fairness. No citizen 
should have to miss an election because they have to work, are ill, are 
caring for a loved one, traveling, or have a religious obligation. When 
voting for President, Oregonians shouldn't have an advantage over New 
Yorkers or Virginians. The Universal Right to Vote by Mail Act doesn't 
force anyone to Vote by Mail, nor does it require states to implement 
any new voting systems. All States are already required to have an 
absentee ballot system. This bill merely says all voters should have 
equal protection in choosing how to participate in elections.
  I am also introducing today the Vote by Mail Act of 2010, which would 
create a three-year, $18 million grant program to help states, or 
smaller jurisdictions, transition to Vote by Mail systems like the one 
in Oregon. This bill would not mandate that any state adopt Vote by 
Mail. However, the bill would provide funding for state or local 
jurisdictions that choose to take advantage of the benefits that Vote 
by Mail offers. The bill would provide grants of $2 million dollars to 
states, or grants of $1 million to smaller jurisdictions, to help pay 
for the costs of implementing a Vote by Mail system. I believe Vote by 
Mail can improve elections in any state that adopts it. But rather than 
simply assume that Vote by Mail delivers benefits, I offer a solution 
that would provide proof that it does. My bill would instruct the 
Government Accountability Office to evaluate Vote by Mail and produce a 
study comparing traditional voting methods with Vote by Mail.
  Finally, I am introducing the Online Voter Registration Act to help 
give voters the ability to register, update voter information, and 
request absentee ballots using the internet. This bill would empower 
voters and would reduce administrative costs. In 2008, three quarters 
of folks in our country reported using the internet, and 87 percent of 
young adults did so. These are the very people who will be registering 
to vote for the first time, and they expect the government to 
accommodate the way they live their lives. But this bill isn't just 
about making things easier for young adults. The internet is well-
suited to this work and can save time, protect voters' privacy, reduce 
paper, and lower costs. Many States already allow citizens to renew 
their driver's licenses or register their cars online. Expanding the 
list of those government services offered online to Voter Registration 
simply makes sense.
  Oregon, Washington, and Arizona have already established online voter 
registration systems. In the initial election cycle of implementation 
for Washington's system, the State reported saving over $87,000 in less 
than a year. Expanding access to online voter registration makes sense, 
but designing and implementing such systems requires considerable 
start-up expenses. That's why the Online Voter Registration Act would 
provide grants of $150,000 to States to help cover the implementation 
costs.
  I would like to thank those who have supported Vote by Mail, 
including the original cosponsors of the two bills: Senators Kerry, 
Carper, Cantwell, Merkley, and Gillibrand. I would also like to thank 
the many organizations that support Vote by Mail, including the 
National Association of Letter Carriers, National Association of 
Postmasters, National Association of Postal Supervisors, American 
Postal Workers Union, National Postal Mail Handlers Union, National 
Rural Letter Carriers' Association, and other labor organizations 
including the AFL-CIO and SEIU. Vote by Mail also has the support of 
many civil rights and elections organizations, including Common Cause, 
the NAACP, the ACLU, and The League of Rural Voters.
  I urge my colleagues to give voters more choice and greater 
opportunity to participate in elections by supporting these important 
bills. It's time to move the nation's elections systems into the 21st 
century and answer the needs of today's voters. These bills are an 
important step in that direction.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3299

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Universal Right to Vote by 
     Mail Act of 2010''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) An inequity of voting rights exists in the United 
     States because voters in some States have the universal right 
     to vote by mail while voters in other States do not.
       (2) Many voters often have work, family, or other 
     commitments that make getting to polls on the date of an 
     election difficult or impossible. Under current State laws, 
     many of these voters are not permitted to vote by mail.
       (3) 28 States currently allow universal absentee voting 
     (also known as ``no-excuse'' absentee voting), which permits 
     any voter to request a mail-in ballot without providing a 
     reason for the request, and no State which has implemented 
     no-excuse absentee voting has repealed it.
       (4) Voting by mail gives voters more time to consider their 
     choices, which is especially important as many ballots 
     contain greater numbers of questions about complex issues 
     than in the past due to the expanded use of the initiative 
     and referendum process in many States.
       (5) Voting by mail is cost effective. After the State of 
     Oregon adopted vote by mail for all voters, the cost to 
     administer an election in the State dropped by nearly 30 
     percent over the next few elections, from $3.07 per voter to 
     $2.21 per voter.
       (6) Allowing all voters the option to vote by mail can 
     reduce waiting times for those voters who choose to vote at 
     the polls.
       (7) Voting by mail is preferable to many voters as an 
     alternative to going to the polls. Voting by mail has become 
     increasingly popular with voters who want to be certain that 
     they are able to vote no matter what comes up on Election 
     Day.
       (8) No evidence exists suggesting the potential for fraud 
     in absentee balloting is greater than the potential for fraud 
     by any other method of voting.
       (9) Many of the reasons which voters in many States are 
     required to provide in order to vote by mail require the 
     revelation of personal information about health, travel 
     plans, or religious activities, which violate voters' privacy 
     while doing nothing to prevent voter fraud.
       (10) State laws which require voters to obtain a notary 
     signature to vote by mail only add cost and inconvenience to 
     voters without increasing security.

     SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN 
                   FEDERAL ELECTIONS.

       (a) In General.--Subtitle A of title III of the Help 
     America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 
     by inserting after section 303 the following new section:

     ``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

       ``(a) In General.--If an individual in a State is eligible 
     to cast a vote in an election for Federal office, the State 
     may not impose any additional conditions or requirements on 
     the eligibility of the individual to cast the vote in such 
     election by mail, except to the extent that the State imposes 
     a deadline for requesting the ballot and related voting 
     materials from the appropriate State or local election 
     official and for returning the ballot to the appropriate 
     State or local election official.

[[Page S3097]]

       ``(b) Rule of Construction.--Nothing in subsection (a) 
     shall be construed to affect the authority of States to 
     conduct elections for Federal office through the use of 
     polling places at which individuals cast ballots on the date 
     of the election.
       ``(c) Effective Date.--A State shall be required to comply 
     with the requirements of subsection (a) with respect to 
     elections for Federal office held in years beginning with 
     2012.''.
       (b) Conforming Amendment Relating to Enforcement.--Section 
     401 of such Act (42 U.S.C. 15511) is amended by striking 
     ``and 303'' and inserting ``303, and 303A''.
       (c) Clerical Amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     303 the following new item:

``Sec. 303A. Promoting ability of voters to vote by mail.''.
                                 ______