[Congressional Record Volume 159, Number 8 (Wednesday, January 23, 2013)]
[Senate]
[Pages S217-S219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COONS (for himself, Mr. Warner, Mr. Whitehouse, Mr. 
        Blumenthal, and Mrs. Gillibrand):
  S. 85. A bill to provide incentives for States to invest in practices 
and technology that are designed to expedite voting at the polls and to 
simplify voter registration; to the Committee on Rules and 
Administration.
  Mr. COONS. Mr. President, we are no longer in an election year, which 
makes this the perfect time for this Congress to take action on real 
and meaningful election reform. Regardless of which candidates we voted 
for last November, we can all agree that in the world's greatest 
democracy, in the year 2013 we should put in place systems which ensure 
every voter will be able to cast their ballot without unnecessary 
delays, redtape, or restriction in our next elections. That is why I am 
looking forward to working with my colleagues in the Senate, with 
leaders in State and local governments across the country, and with 
folks in the U.S. Department of Justice to discuss ways we can reform 
our election process to make voting more accessible for more Americans.
  In his second inaugural address delivered just this Monday, President 
Obama made a point to tie voting rights to civil rights. President 
Obama spoke of the long American march toward justice. He said:

       And the first steps of that march--of the journey toward a 
     better, fairer, more equal society, one where every American, 
     regardless of their race, gender, sexual orientation or 
     economic status, has the same shot at success--has always 
     started at the ballot box.

  President Obama mentioned Seneca Falls, a central moment in the 
movement for women's suffrage, and Selma, the emotional heart of the 
fight for equal access to voting rights for African Americans. He said:

       Our journey is not complete until no citizen is forced to 
     wait for hours to exercise the right to vote.

  He is right.
  The 2012 elections were a wake-up call to those of us who treasure 
the right to vote. All over our country--in blue States and red 
States--Americans saw their fundamental right to vote eroded by 
exceptionally long lines, confusing rules, and widespread voting 
machine malfunctions. There were problems in more than a dozen States 
documented in the media.
  There were voting machine irregularities in Pennsylvania and 
Colorado; error-ridden voter rolls in Ohio; delays counting ballots in 
Arizona; voters waiting in lines 5 hours long in Virginia and 8 hours 
long in Florida. We have to do better than this.
  As Americans, the right to vote is in our DNA. So just days after 
these 2012 elections, which had such widespread problems, I introduced 
the FAST Voting Act, the Fair, Accurate, Secure, and Timely Voting Act, 
along with Senator Warner and colleagues in the House, Congressman 
Connolly and Congressman Langevin.
  Our bill challenges States to implement commonsense changes well 
before the next election. It would provide incentives and competitive 
grants to those States that can turn around their poorest performing 
polling places, improve the administration of their elections, and make 
voting faster and more accessible to all voters.
  As a former county executive myself, I know States and local 
governments are laboratories of democracy. When it comes to 
administering elections, many States and counties are getting it right. 
We can learn from them and replicate their successes elsewhere in the 
country to ensure these same problems do not plague the next national 
elections.
  For example, Florida was one of many States with rampant election 
problems in 2012. There were long lines, limited early voting, and 
other issues that may have disenfranchised as many as 49,000 
Floridians, according to a study by Professor Theodore Allen of Ohio 
State University.
  Floridians such as Richard Jordan waited more than 3 hours in a line 
that just was not moving to try and cast his ballot on election day 
2012. He had already worked a 10-hour shift that day. He was exhausted, 
his back hurt, he was hungry, and ultimately in anger decided he could 
not wait anymore. He simply gave up and walked away. He was denied the 
opportunity to cast his ballot by an unprepared, underresourced, or 
just incompetent election system.
  On behalf of voters across the State such as Richard, earlier this 
month Florida's elections administrators presented Florida's Governor 
Rick Scott with a list of reforms they would like to see implemented to 
prevent these problems from happening again. Governor Scott admitted 
that his own State's election process was clearly in need of 
improvement. He said he agreed with some of the election supervisors' 
proposals. In my view, this is a very positive step forward, and one 
which should be undertaken in every State where there is documented 
need for stronger, fairer, faster, and freer elections.

[[Page S218]]

  In my view, the government can and should play a role in 
incentivizing that process to ensure that election improvements are 
made to last. It can help States move forward in using available 
technology, and it can ensure States do a better job of enforcing laws 
that are already on the books.
  For example, the National Voter Registration Act, commonly known as 
the motor voter law, requires States to allow voters to register when 
they renew their driver's license at the DMV or at other governmental 
agencies. Yet there are substantial and credible allegations that some 
States all across this country--whether blue, red, or purple--are not 
fulfilling their obligations under this act.
  In talking with elections administrators from around the country, it 
is clear to me that compliance with existing law is not complete. We 
have to do more to ensure voters are afforded the rights given to them 
under current law and that State agencies are doing what is required to 
simplify the registration process to maintain uniform and 
nondiscriminatory voter rolls and provide widespread registration 
opportunities. Enforcing existing law is just part of the solution to 
the voting problems we saw across our country in 2012.
  We also have to look forward at ways to deliver the best and most 
efficient voting process to all Americans. There is still much more we 
can do to meet that goal, and I think part of the solution is the 
mechanism of the FAST Voting Act.
  Our legislation focuses on cost-effective reforms, such as making it 
easier to register online and ensuring citizens who move to a new 
jurisdiction can easily transfer their voter registration. If we use 
modern technology that we already have at our disposal, we can make it 
easier for all eligible American citizens to cast their ballot and 
ensure every vote is counted.
  President Obama was right to mention election reform alongside the 
most essential civil rights struggles in our country's history in his 
inaugural address on Monday. Making it harder for citizens to vote is a 
violation of their civil rights. Long lines are just another form of 
voter disenfranchisement. Running out of ballots can be just another 
form of voter suppression. The fact is access to vote is denied when 
registration is cumbersome or inaccessible and when early voter vote-
by-mail options are just not available.
  Let's do something now when we are no longer hamstrung by election 
year politics in the Senate so that changes that last and make a 
difference can be implemented well before the next election.
  As someone who serves on the Foreign Relations Committee and who 
often speaks with foreign heads of State, civil society leaders, and 
voting advocates from around the world, it is an embarrassment that in 
2012 our Nation could not overcome the simple challenges to ensuring 
fair and accurate elections all across our country.
  If we ignore these assaults on America's civil rights that we saw 
last November, we are certain to have to endure them the next time 
around. We cannot stand by and allow that to happen. Our democracy 
needs to be a model to the rest of the world for how to ensure that 
every citizen gets to exercise the right to vote.
  Let's find a way to come together to put meaningful election reforms 
in place now before we deny one more American their fundamental right 
to vote for the candidate of their choice.
  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. 85

       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 ``Louis L. Redding Fair, 
     Accurate, Secure, and Timely Voting Act of 2013'' or the 
     ``FAST Voting Act of 2013''.

     SEC. 2. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND 
                   TECHNOLOGY THAT ARE DESIGNED TO EXPEDITE VOTING 
                   AT THE POLLS AND SIMPLIFY VOTER REGISTRATION.

       (a) Purposes.--The purposes of this section are to--
       (1) provide incentives for States to invest in practices 
     and technology that are designed to expedite voting at the 
     polls; and
       (2) provide incentives for States to simplify voter 
     registration.
       (b) Reservation of Funds.--From the amount made available 
     to carry out this section for a fiscal year, the Attorney 
     General may reserve not more than 10 percent of such amount 
     to carry out activities related to--
       (1) technical assistance; and
       (2) outreach and dissemination.
       (c) Program Authorized.--
       (1) In general.--From the amounts made available under 
     subsection (h) for a fiscal year and not reserved under 
     subsection (b), the Attorney General shall award grants, on a 
     competitive basis, to States in accordance with subsection 
     (d)(2), to enable the States to carry out the purposes of 
     this section.
       (2) Number of grants.--A State may not receive more than 1 
     grant under this section per grant period.
       (3) Duration of grants.--
       (A) In general.--A grant under this section shall be 
     awarded for a period of not more than 4 years.
       (B) Continuation of grants.--A State that is awarded a 
     grant under this section shall not receive grant funds under 
     this section for the second or any subsequent year of the 
     grant unless the State demonstrates to the Attorney General, 
     at such time and in such manner as determined by the Attorney 
     General, that the State is--
       (i) making progress in implementing the plan under 
     subsection (d)(1)(C) at a rate that the Attorney General 
     determines will result in the State fully implementing such 
     plan during the remainder of the grant period; or
       (ii) making progress against the performance measures set 
     forth in subsection (e) at a rate that the Attorney General 
     determines will result in the State reaching its targets and 
     achieving the objectives of the grant during the remainder of 
     the grant period.
       (d) Applications.--
       (1) Applications.--Each State that desires to receive a 
     grant under this section shall submit an application to the 
     Attorney General at such time, in such manner, and containing 
     such information as the Attorney General may reasonably 
     require. At a minimum, each such application shall include--
       (A) documentation of the applicant's record, as 
     applicable--
       (i) in providing various voter registration opportunities;
       (ii) in providing early voting;
       (iii) in providing absentee voting;
       (iv) in providing assistance to voters who do not speak 
     English as a primary language;
       (v) in providing assistance to voters with disabilities;
       (vi) in providing effective access to voting for members of 
     the armed services;
       (vii) in providing formal training of election officials;
       (viii) in auditing or otherwise documenting waiting times 
     at polling stations;
       (ix) in allocating polling locations, equipment, and staff 
     to match population distribution;
       (x) in responding to voting irregularities and concerns 
     raised at polling stations;
       (xi) in creating and adhering to contingency voting plans 
     in the event of a natural or other disaster; and
       (xii) with respect to any other performance measure 
     described in subsection (e) that is not included in clauses 
     (i) through (xi);
       (B) evidence of conditions of innovation and reform that 
     the applicant has established and the applicant's proposed 
     plan for implementing additional conditions for innovation 
     and reform, including--
       (i) a description of how the applicant has identified and 
     eliminated ineffective practices in the past and the 
     applicant's plan for doing so in the future;
       (ii) a description of how the applicant has identified and 
     promoted effective practices in the past and the applicant's 
     plan for doing so in the future; and
       (iii) steps the applicant has taken and will take to 
     eliminate statutory, regulatory, procedural, or other 
     barriers and to facilitate the full implementation of the 
     proposed plan under this subparagraph;
       (C) a comprehensive and coherent plan for using funds under 
     this section, and other Federal, State, and local funds, to 
     improve the applicant's performance on the measures described 
     in subsection (e), consistent with criteria set forth by the 
     Attorney General, including how the applicant will, if 
     applicable--
       (i) provide flexible registration opportunities, including 
     online and same-day registration and registration updating;
       (ii) provide early voting, at a minimum of 9 of the 10 
     calendar days preceding an election, at sufficient and 
     flexible hours;
       (iii) provide absentee voting, including no-excuse absentee 
     voting;
       (iv) provide assistance to voters who do not speak English 
     as a primary language;
       (v) provide assistance to voters with disabilities, 
     including visual impairment;
       (vi) provide effective access to voting for members of the 
     armed services;
       (vii) provide formal training of election officials, 
     including State and county administrators and volunteers;
       (viii) audit and reduce waiting times at polling stations;
       (ix) allocate polling locations, equipment, and staff to 
     match population distribution;
       (x) respond to any reports of voting irregularities or 
     concerns raised at the polling station;
       (xi) create contingency voting plans in the event of a 
     natural or other disaster; and
       (xii) improve the wait times at the persistently poorest 
     performing polling stations within the jurisdiction of the 
     applicant;

[[Page S219]]

       (D) evidence of collaboration between the State, local 
     election officials, and other stakeholders, in developing the 
     plan described in subparagraph (C), including evidence of the 
     commitment and capacity to implement the plan;
       (E) the applicant's annual performance measures and 
     targets, consistent with the requirements of subsection (e); 
     and
       (F) a description of the applicant's plan to conduct a 
     rigorous evaluation of the effectiveness of activities 
     carried out with funds under this section.
       (2) Criteria for evaluating applications.--
       (A) Award basis.--The Attorney General shall award grants 
     under this section on a competitive basis, based on the 
     quality of the applications submitted under paragraph (1), 
     including--
       (i) each applicant's record in the areas described in 
     paragraph (1)(A);
       (ii) each applicant's record of, and commitment to, 
     establishing conditions for innovation and reform, as 
     described in paragraph (1)(B);
       (iii) the quality and likelihood of success of each 
     applicant's plan described in paragraph (1)(C) in showing 
     improvement in the areas described in paragraph (1)(A), 
     including each applicant's capacity to implement the plan and 
     evidence of collaboration as described in paragraph (1)(D); 
     and
       (iv) each applicant's evaluation plan as described in 
     paragraph (1)(F).
       (B) Explanation.--The Attorney General shall publish an 
     explanation of how the application review process under this 
     paragraph will ensure an equitable and objective evaluation 
     based on the criteria described in subparagraph (A).
       (e) Performance Measures.--Each State receiving a grant 
     under this section shall establish performance measures and 
     targets, approved by the Attorney General, for the programs 
     and activities carried out under this section. These measures 
     shall, at a minimum, track the State's progress--
       (1) in implementing its plan described in subsection 
     (d)(1)(C);
       (2) in expediting voting at the polls or simplifying voter 
     registration, as applicable; and
       (3) on any other measures identified by the Attorney 
     General.
       (f) Uses of Funds.--Each State that receives a grant under 
     this section shall use the grant funds for any purpose 
     included in the State's plan under subsection (d)(1)(C).
       (g) Reporting.--A State that receives a grant under this 
     section shall submit to the Attorney General, at such time 
     and in such manner as the Attorney General may require, an 
     annual report including--
       (1) data on the State's progress in achieving the targets 
     for the performance measures established under subsection 
     (e);
       (2) a description of the challenges the State has faced in 
     implementing its program and how it has addressed or plans to 
     address those challenges; and
       (3) findings from the evaluation plan as described in 
     subsection (d)(1)(F).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______