[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[Extensions of Remarks]
[Page 9450]
[From the U.S. Government Publishing Office, www.gpo.gov]




       INTRODUCTION OF THE HELP AMERICA VOTE ACT AMENDMENTS BILL

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Thursday, May 15, 2008

  Ms. NORTON. Madam Speaker, as another presidential election fast 
approaches, I am pleased to introduce a bill to amend and improve the 
Help America Vote Act of 2002, HAVA, which was enacted after the chaos 
of the 2000 presidential election. The genesis of my bill is my own 
experience and observations from the 2004 elections here in the 
District of Columbia and campaigning in other parts of the country 
during the 2004 presidential elections.
  The first provision is in response to the long lines that voters have 
been forced to endure throughout the country that may have deterred 
significant numbers of voters and would require States to permit 
counties or other subdivisions upon request to begin voting prior to 
the scheduled date of an election. During the 2004 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out-of-date machines, resulting in long lines.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 jurisdictions. 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 
calendar day that voting begins can help eliminate these disparities 
and the lines that discourage the exercise of the right to vote, and 
without the often significant capital investment in new equipment.
  The second provision of my bill adds a section to HAVA that responds 
to calls my office received regarding absentee ballots sent in that 
inadvertently did not include postage, or had insufficient postage. My 
bill would require 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. The public 
interest in counting every ballot voters have cast outweighs the 
incidental, virtually immeasurable cost, if any. There should be no 
doubt that such ballots should be counted.
  A third provision amends HAVA to eliminate the confusion that arises 
when voters go to the incorrect voting sites because they are first-
time or infrequent voters or their usual voting site has been changed. 
To encourage participation, my bill would allow voters registered 
anywhere in the State to 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 very serious, 
unacceptable, and controversial. Although that election was also razor 
thin close, its problems took longer to surface and there was no delay 
in the certification and settlement of the final result through the 
Supreme Court in Bush v. Gore in 2001. However, the 2004 elections were 
another close call that yielded bitter controversy. Beyond the recent 
election controversies, the voting franchise is precious enough for us 
to want and endeavor to protect its full expression. 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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