[House Report 107-329]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-329
HOUSE OF REPRESENTATIVES
1st Session Part 1
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HELP AMERICA VOTE ACT OF 2001
_______
December 10, 2001.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Ney, from the Committee on House Administration, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 3295]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 3295) to establish a program to provide funds to
States to replace punch card voting systems, to establish the
Election Assistance Commission to assist in the administration
of Federal elections and to otherwise provide assistance with
the administration of certain Federal election laws and
programs, to establish minimum election administration
standards for States and units of local government with
responsibility for the administration of Federal elections, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Help America Vote
Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PUNCH CARD VOTING MACHINES
Subtitle A--Replacement of Machines
Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
Subtitle B--Enhancing Performance of Existing Systems
Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.
Subtitle C--General Provisions
Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.
TITLE II--COMMISSION
Subtitle A--Establishment and General Organization
Part 1--Election Assistance Commission
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.
Part 2--Election Assistance Commission Standards Board and Board of
Advisors
Sec. 211. Establishment.
Sec. 212. Duties.
Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of boards; no compensation for service.
Sec. 216. Status of boards and members for purposes of claims against
board.
Subtitle B--Voluntary Election Standards
Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.
Subtitle C--Election Assistance
Part 1--Election Fund Payments to States for Voting System Improvements
Sec. 231. Election fund payments to States for voting system
improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
Part 2--Grants for Research on Voting Technology Improvements
Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.
Part 3--Pilot Program for Testing of Equipment and Technology
Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.
Part 4--Miscellaneous
Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.
TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM
Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.
TITLE IV--HELP AMERICA VOTE FOUNDATION
Sec. 401. Help America Vote Foundation.
TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.
TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS
Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on
registration and absentee ballots for all voters in State.
Sec. 603. Report on absentee ballots transmitted and received after
general elections.
Sec. 604. Simplification of voter registration and absentee ballot
application procedures for absent uniformed services and overseas
voters.
Sec. 605. Additional duties of Presidential designee under Uniformed
and Overseas Citizens Absentee Voting Act.
Sec. 606. Use of buildings on military installations and reserve
component facilities as polling places.
TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL
Sec. 701. Reduced postage rates for official election mail.
TITLE VIII--TRANSITION PROVISIONS
Subtitle A--Transfer to Commission of Functions Under Certain Laws
Sec. 801. Federal Election Campaign Act of 1971.
Sec. 802. National Voter Registration Act of 1993.
Sec. 803. Transfer of property, records, and personnel.
Sec. 804. Effective date; transition.
Subtitle B--Coverage of Commission Under Certain Laws and Programs
Sec. 811. Treatment of Commission personnel under certain civil service
laws.
Sec. 812. Coverage under Inspector General Act of 1978.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. State defined.
Sec. 902. Miscellaneous provisions to protect integrity of election
process.
Sec. 903. No effect on other laws.
TITLE I--PUNCH CARD VOTING MACHINES
Subtitle A--Replacement of Machines
SEC. 101. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator of General Services (hereafter
in this title referred to as the ``Administrator'') shall establish a
program under which the Administrator shall make a one-time payment to
each eligible State or unit of local government which used a punch card
voting system to administer the regularly scheduled general election
for Federal office held in November 2000.
(b) Use of Funds.--A State or unit of local government shall use the
funds provided under a payment under this subtitle (either directly or
as reimbursement) to replace its punch card voting system with a voting
system which does not use punch cards (by purchase, lease, or such
other arrangement as may be appropriate).
(c) Deadline.--
(1) In general.--A State or unit of local government
receiving a payment under the program under this subtitle
shall--
(A) obligate the funds provided for the uses
described in subsection (b) not later than the date of
the regularly scheduled general election for Federal
office to be held in November 2002; and
(B) ensure that all of the punch card voting systems
under its jurisdiction have been replaced in time for
the regularly scheduled general election for Federal
office to be held in November 2004.
(2) Waiver.--If a State or unit of local government provides
the Election Assistance Commission (established under section
201) (not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002) with a notice that the State or unit will not meet the
deadlines described in paragraph (1) and includes in the notice
the reasons for the failure to meet such deadlines, and the
Commission finds that there is good cause for the failure to
meet such deadlines, paragraph (1) shall apply to the State or
unit as if--
(A) the reference in paragraph (1)(A) to ``November
2002'' were a reference to ``November 2004''; and
(B) the reference in paragraph (1)(B) to ``November
2004'' were a reference to ``November 2006''.
SEC. 102. ELIGIBILITY.
(a) States.--A State is eligible to receive a payment under the
program under this subtitle if it submits to the Administrator an
application not later than 120 days after the date of the enactment of
this Act (in such form as the Administrator may require) which
contains--
(1) assurances that the State will use the payment (either
directly or as reimbursement) to replace punch card voting
systems in jurisdictions within the State which used such
systems to carry out the general Federal election held in
November 2000;
(2) assurances that in replacing punch card voting systems
the State will continue to meets its duties under the Voting
Accessibility for the Elderly and Handicapped Act (42 U.S.C.
1973ee et seq.) and the Americans With Disabilities Act;
(3) assurances that in replacing punch card voting systems
the State will provide for alternative language accessibility
for individuals with limited English proficiency, consistent
with the requirements of the Voting Rights Act of 1965 and any
other applicable provisions of law; and
(4) such other information and assurances as the
Administrator may require which are necessary for the
administration of the program.
(b) Unit of Local Government.--A unit of local government is eligible
to receive a payment under the program under this subtitle if it
submits to the Administrator--
(1) not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002, a statement of its intent to participate in the program,
including assurances that the State in which the unit is
located--
(A) failed to submit an application under subsection
(a) within the deadline specified under such
subsection,
(B) is otherwise not eligible to receive a payment
under the program, or
(C) will not use the payment to replace punch card
voting systems in the unit; and
(2) an application (at such time and in such form as the
Administrator may require) which contains similar assurances to
those required to be provided by a State in its application
under subsection (a).
SEC. 103. AMOUNT OF PAYMENT.
(a) In General.--The amount of payment made to a State or unit of
local government under the program under this subtitle shall be equal
to the applicable per precinct matching rate of the cost to the State
or unit (as the case may be) of replacing the punch card voting systems
used in each precinct in the State or unit (as the case may be), except
that in no case may the amount of the payment exceed the product of--
(1) the number of voting precincts administered by the State
or unit which used a punch card voting system to carry out the
general Federal election held in November 2000; and
(2) $6,000.
(b) Applicable Per Precinct Matching Rate Defined.--In subsection
(a), the ``applicable per precinct matching rate'' is--
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose average per
capita income is within the lowest quartile of average per
capita incomes for all precincts in the United States (as
determined by the 2000 decennial census).
SEC. 104. AUDIT AND REPAYMENT OF FUNDS.
(a) Audit.--Funds provided under the program under this subtitle
shall be subject to audit by the Administrator.
(b) Repayment for Failure to Meet Deadlines.--If a State or unit of
local government (as the case may be) receiving funds under the program
under this subtitle fails to meet the deadlines applicable to the State
or unit under section 101(c), the State or unit shall pay to the
Administrator an amount equal to the amount of the funds provided to
the State or unit under the program.
SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this subtitle, a ``punch card voting system'' means
any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
Subtitle B--Enhancing Performance of Existing Systems
SEC. 111. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator shall establish a program
under which the Administrator shall make a one-time payment to each
eligible State or unit of local government which used a punch card
voting system to administer the regularly scheduled general election
for Federal office held in November 2000.
(b) Use of Funds.--A State or unit of local government shall use the
funds provided under a payment under this subtitle (either directly or
as reimbursement) to make technical enhancements to the performance of
its punch card voting system (by any arrangement as may be
appropriate).
(c) Deadline.--
(1) In general.--A State or unit of local government
receiving a payment under the program under this subtitle
shall--
(A) obligate the funds provided for the uses
described in subsection (b) not later than the date of
the regularly scheduled general election for Federal
office to be held in November 2002; and
(B) ensure that technical enhancements have been made
to the performance of all of the punch card voting
systems under its jurisdiction in time for the
regularly scheduled general election for Federal office
to be held in November 2004.
(2) Waiver.--If a State or unit of local government provides
the Election Assistance Commission (established under section
201) (not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002) with a notice that the State or unit will not meet the
deadlines described in paragraph (1) and includes in the notice
the reasons for the failure to meet such deadlines, and the
Commission finds that there is good cause for the failure to
meet such deadlines, paragraph (1) shall apply to the State or
unit as if--
(A) the reference in paragraph (1)(A) to ``November
2002'' were a reference to ``November 2004''; and
(B) the reference in paragraph (1)(B) to ``November
2004'' were a reference to ``November 2006''.
SEC. 112. ELIGIBILITY.
(a) States.--Subject to subsection (c), a State is eligible to
receive a payment under the program under this subtitle if it submits
to the Administrator an application not later than 120 days after the
date of the enactment of this Act (in such form as the Administrator
may require) which contains--
(1) assurances that the State will use the payment (either
directly or as reimbursement) to make technical enhancements to
the performance of punch card voting systems in jurisdictions
within the State which used such systems to carry out the
general Federal election held in November 2000;
(2) assurances that in enhancing the performance of such
voting systems the State will continue to meets its duties
under the Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee et seq.) and the Americans With
Disabilities Act; and
(3) such other information and assurances as the
Administrator may require which are necessary for the
administration of the program.
(b) Units of Local Government.--Subject to subsection (c), a unit of
local government is eligible to receive a payment under the program
under this subtitle if it submits to the Administrator--
(1) not later than the date of the regularly scheduled
general election for Federal office to be held in November
2002, a statement of its intent to participate in the program,
including assurances that the State in which the unit is
located--
(A) failed to submit an application under subsection
(a) within the deadline specified under such
subsection,
(B) is otherwise not eligible to receive a payment
under the program, or
(C) will not use the payment to enhance the
performance of punch card voting systems in the unit;
and
(2) an application (at such time and in such form as the
Administrator may require) which contains similar assurances to
those required to be provided by a State in its application
under subsection (a).
(c) Prohibiting Participation in Punch Card Replacement Program.--A
State or unit of local government is not eligible to receive a payment
under the program under this subtitle if the State or unit receives a
payment under the program under subtitle A.
SEC. 113. AMOUNT OF PAYMENT.
(a) In General.--The amount of payment made to a State or unit of
local government under the program under this subtitle shall be equal
to the applicable per precinct matching rate of the cost to the State
or unit (as the case may be) of the activities to be funded with the
payment under the program in each precinct in the State or unit (as the
case may be) , except that in no case may the amount of the payment
exceed the product of--
(1) the number of voting precincts administered by the State
or unit which used a punch card voting system to carry out the
general Federal election held in November 2000; and
(2) $2,000.
(b) Applicable Per Precinct Matching Rate Defined.--In subsection
(a), the ``applicable per precinct matching rate'' is--
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose average per
capita income is within the lowest quartile of average per
capita incomes for all precincts in the United States (as
determined by the 2000 decennial census).
SEC. 114. AUDIT AND REPAYMENT OF FUNDS.
(a) Audit.--Funds provided under the program under this subtitle
shall be subject to audit by the Administrator.
(b) Repayment for Failure to Meet Requirements.--If a State or unit
of local government (as the case may be) receiving funds under the
program under this subtitle fails to meet the deadlines applicable to
the State or unit under section 111(c), the State or unit shall pay to
the Administrator an amount equal to the amount of the funds provided
to the State or unit under the program.
Subtitle C--General Provisions
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for payments
under this title $400,000,000, to remain available until expended
(subject to subsection (b)).
(b) Use of Returned Funds and Funds Remaining Unexpended for Election
Fund Payments.--
(1) In general.--The amounts referred to in paragraph (2)
shall be transferred to the Election Assistance Commission
(established under title II) and used by the Commission to make
Election Fund payments under part 1 of subtitle C of title II.
(2) Amounts described.--The amounts referred to in this
paragraph are as follows:
(A) Any amounts appropriated pursuant to the
authorization under this section which remain
unobligated as of the date of the regularly scheduled
general election for Federal office held in November
2002.
(B) Any amounts paid to the Administrator by a State
or unit of local government under section 104(b).
(B) Any amounts paid to the Administrator by a State
or unit of local government under section 114(b).
SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this title, a ``punch card voting system'' means any
of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
TITLE II--COMMISSION
Subtitle A--Establishment and General Organization
PART 1--ELECTION ASSISTANCE COMMISSION
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity in the executive
branch the Election Assistance Commission (hereafter in this title
referred to as the ``Commission''), consisting of--
(1) the members appointed under this part;
(2) the Election Assistance Commission Standards Board
established under part 2 (including the Executive Board of such
Board); and
(3) the Election Assistance Commission Board of Advisors
established under part 2.
SEC. 202. DUTIES.
The Commission shall serve as a national clearinghouse and resource
for the compilation of information and review of procedures with
respect to the administration of Federal elections by--
(1) carrying out the duties described in subtitle B (relating
to voluntary election standards);
(2) carrying out the duties described in subtitle C (relating
to election assistance); and
(3) developing and carrying out the Help America Vote College
Program under title III.
SEC. 203. MEMBERSHIP AND APPOINTMENT.
(a) Membership.--
(1) In general.--The Commission shall have 4 members
appointed by the President, by and with the consent of the
Senate, of whom--
(A) 1 shall be appointed from among a list of
nominees submitted by the majority leader of the
Senate;
(B) 1 shall be appointed from among a list of
nominees submitted by the minority leader of the
Senate;
(C) 1 shall be appointed from among a list of
nominees submitted by the Speaker of the House of
Representatives; and
(D) 1 shall be appointed from among a list of
nominees submitted by the minority leader of the House
of Representatives.
(2) Qualifications.--Each member of the Commission shall have
experience with or expertise in election administration or the
study of elections, except that no individual may serve as a
member of the Commission if the individual is an officer or
employee of the Federal Government at any time during the
period of service on the Commission.
(3) Date of appointment.--The appointments of the members of
the Commission shall be made not later than 30 days after the
date of enactment of this Act.
(b) Term of Service.--
(1) In general.--Except as provided in paragraphs (2) and
(3), members shall serve for a term of 4 years and may be
reappointed for not more than one additional term.
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) 2 of the members (not more than 1 of whom may be
affiliated with the same political party) shall be
appointed for a term of 2 years; and
(B) 2 of the members (not more than 1 of whom may be
affiliated with the same political party) shall be
appointed for a term of 4 years.
(3) Vacancies.--
(A) In general.--A vacancy on the Commission shall be
filled in the manner in which the original appointment
was made and shall be subject to any conditions which
applied with respect to the original appointment.
(B) Expired terms.--A member of the Commission may
serve on the Commission after the expiration of the
member's term until the successor of such member has
taken office as a member of the Commission.
(C) Unexpired terms.--An individual chosen to fill a
vacancy shall be appointed for the unexpired term of
the member replaced.
(c) Chair and Vice Chair.--The Commission shall select a chair and
vice chair from among its members for a term of 1 year, except that the
chair and vice chair may not be affiliated with the same political
party.
(d) Compensation.--
(1) In general.--Members of the Commission shall each be paid
at an annual rate equal to $30,000.
(2) Travel expenses.--Members of the Commission shall each
receive travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Outside employment permitted.--A member of the Commission
may hold any other office or employment not inconsistent or in
conflict with the member's duties, responsibilities, and powers
as a member of the Commission.
SEC. 204. STAFF.
(a) Executive Director and Other Staff.--
(1) In general.--The Commission shall have an Executive
Director, who shall be paid at a rate not to exceed the rate of
basic pay for level V of the Executive Schedule.
(2) Term of service for executive director.--Except as
provided in paragraph (3)(C), the Executive Director shall
serve for a term of 4 years. An Executive Director may be
reappointed for additional terms.
(3) Procedure for appointment.--
(A) In general.--When a vacancy exists in the
position of the Executive Director, the Election
Assistance Commission Standards Board and the Election
Assistance Commission Board of Advisors (described in
part 2) shall each appoint a search committee to
recommend not fewer than 3 nominees for the position.
(B) Requiring consideration of nominees.--Except as
provided in subparagraph (C), the Commission shall
consider the nominees recommended by the Standards
Board and the Board of Advisors in appointing the
Executive Director.
(C) Special rules for first executive director.--
(i) Convening of search committees.--The
Standards Board and the Board of Advisors shall
each appoint a search committee and recommend
nominees for the position of Executive Director
in accordance with subparagraph (A) as soon as
practicable after the appointment of their
members.
(ii) Interim initial appointment.--
Notwithstanding subparagraph (B), the
Commission may appoint an individual to serve
as the first Executive Director prior to the
recommendation of nominees for the position by
the Standards Board or the Board of Advisors,
except that such individual's term of service
may not exceed 6 months. Nothing in the
previous sentence may be construed to prohibit
the individual serving as the first Executive
Director from serving any additional term.
(4) Other staff.--Subject to rules prescribed by the
Commission, the Executive Director may appoint and fix the pay
of such additional personnel as the Executive Director
considers appropriate.
(5) Applicability of certain civil service laws.--The
Executive Director and staff of the Commission may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
annual rate of basic pay for level V of the Executive Schedule.
(b) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, with the approval of a majority of the members of the Commission.
(c) Staff of Federal Agencies.--Upon request of the Chair, the head
of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(d) Arranging for Assistance for Board of Advisors and Standards
Board.--At the request of the Election Assistance Commission Board of
Advisors or the Election Assistance Commission Standards Board
established under part 2, the Executive Director shall enter into such
arrangements as the Executive Director considers appropriate to make
personnel available to assist the Boards with carrying out their duties
under this title (including contracts with private individuals for
providing temporary personnel services or the temporary detailing of
personnel of the Commission).
(e) Consultation With Board of Advisors and Standards Board on
Certain Matters.--In preparing the program goals, long-term plans,
mission statements, and related matters for the Commission, the
Executive Director and staff of the Commission shall consult with the
Election Assistance Commission Board of Advisors and the Election
Assistance Commission Standards Board established under part 2.
SEC. 205. POWERS.
(a) Hearings and Sessions.--The Commission may hold such hearings for
the purpose of carrying out this Act, sit and act at such times and
places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out this Act. The Commission
may administer oaths and affirmations to witnesses appearing before the
Commission.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chair of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Administrative Support Services.--Upon the request of the Chair
of the Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative support
services that are necessary to enable the Commission to carry out its
duties under this Act.
(e) Contracts.--The Commission may contract with and compensate
persons and Federal agencies for supplies and services without regard
to section 3709 of the Revised Statutes of the United States (41 U.S.C.
5).
SEC. 206. LIMITATION ON RULEMAKING AUTHORITY.
The Commission shall not have any authority to issue any rule,
promulgate any regulation, or take any other action which imposes any
requirement on any State or unit of local government, except to the
extent permitted under the National Voter Registration Act of 1993.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts authorized for payments and grants under
subtitle C and the amounts authorized to be appropriated for the
program under section 303, there are authorized to be appropriated for
each of the fiscal years 2002 through 2004 such sums as may be
necessary (but not to exceed $10,000,000 for each such year) for the
Commission to carry out its duties under this title.
PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF
ADVISORS
SEC. 211. ESTABLISHMENT.
There are hereby established the Election Assistance Commission
Standards Board (hereafter in this title referred to as the ``Standards
Board'') and the Election Assistance Commission Board of Advisors
(hereafter in this title referred to as the ``Board of Advisors'').
SEC. 212. DUTIES.
The Standards Board and the Board of Advisors shall each, in
accordance with the procedures described in section 223, review any of
the voluntary engineering and procedural performance standards
described in section 221(a)(1), any of the voluntary standards
described in section 221(a)(4), and any of the voluntary election
management practice standards described in section 221(a)(6) (and any
modifications to such standards) which are recommended by the
Commission under subtitle B.
SEC. 213. MEMBERSHIP OF STANDARDS BOARD.
(a) Composition.--
(1) In general.--Subject to certification by the chair of the
Federal Election Commission under subsection (b), the Standards
Board shall be composed of 110 members as follows:
(A) 55 shall be the chief State election officials of
each State.
(B) 55 shall be local election officials selected in
accordance with paragraph (2).
(2) List of local election officials.--Each State's local
election officials shall select (under a process supervised by
the chief election official of the State) a representative
local election official from the State for purposes of
paragraph (1)(B). In the case of the District of Columbia,
Guam, and American Samoa, the chief election official shall
establish a procedure for selecting an individual to serve as a
local election official for purposes of such paragraph, except
that under such a procedure the individual selected may not be
a member of the same political party as the chief election
official.
(3) Requiring mix of political parties represented.--The 2
members of the Standards Board who represent the same State may
not be members of the same political party.
(b) Procedures for Notice and Certification of Appointment.--
(1) Notice to chair of federal election commission.--Not
later than 90 days after the date of the enactment of this Act,
a State shall transmit a notice to chair of the Federal
Election Commission containing--
(A) a statement that the chief election official of
the State agrees to serve on the Standards Board under
this title; and
(B) the name of the representative local election
official from the State selected under subsection
(a)(2) who will serve on the Standards Board under this
title.
(2) Certification.--Upon receiving a notice from a State
under paragraph (1), the chair of the Federal Election
Commission shall publish a certification that the chief
election official and the representative local election
official are appointed as members of the Standards Board under
this title.
(3) Effect of failure to provide notice.--If a State does not
transmit a notice to the chair of the Federal Election
Commission under paragraph (1) within the deadline described in
such paragraph, no representative from the State may
participate in the selection of the Executive Board under
subsection (c).
(4) Role of commission.--Upon the appointment of the members
of the Election Assistance Commission, the Election Assistance
Commission shall carry out the duties of the Federal Election
Commission under this subsection.
(c) Executive Board.--
(1) In general.--Not later than 60 days after the last day on
which the appointment of any of its members may be certified
under subsection (b), the Standards Board shall select 9 of its
members to serve as the Executive Board of the Standards Board,
of whom--
(A) not more than 5 may be chief State election
officials;
(B) not more than 5 may be local election officials;
and
(C) not more than 5 may be members of the same
political party.
(2) Terms.--Except as provided in paragraph (3), members of
the Executive Board of the Standards Board shall serve for a
term of 2 years and may not serve for more than 3 consecutive
terms.
(3) Staggering of initial terms.--Of the members first
selected to serve on the Executive Board of the Standards
Board--
(A) 3 shall serve for one term;
(B) 3 shall serve for 2 consecutive terms; and
(C) 3 shall serve for 3 consecutive terms,
as determined by lot at the time the members are first
appointed.
(4) Duties.--In addition to any other duties assigned under
this title, the Executive Board of the Standards Board may
carry out such duties of the Standards Board as the Standards
Board may delegate.
SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.
(a) In General.--The Board of Advisors shall be composed of 25
members appointed as follows:
(1) 2 members appointed by the United States Commission on
Civil Rights.
(2) 2 members appointed by the Architectural and
Transportation Barrier Compliance Board under section 502 of
the Rehabilitation Act of 1973 (29 U.S.C. 792).
(3) 2 members appointed by the National Governors
Association.
(4) 2 members appointed by the National Conference of State
Legislatures.
(5) 2 members appointed by the National Association of
Secretaries of State.
(6) 2 members appointed by the National Association of State
Election Directors.
(7) 2 members appointed by the National Association of
Counties.
(8) 2 members appointed by the National Association of County
Recorders, Election Administrators, and Clerks.
(9) 2 members appointed by the United States Conference of
Mayors.
(10) 2 members appointed by the Election Center.
(11) 2 members appointed by the International Association of
County Recorders, Election Officials, and Treasurers.
(12) 2 members representing professionals in the field of
science and technology, of whom 1 shall be appointed by the
Speaker of the House of Representatives and 1 shall be
appointed by the majority leader of the Senate (or, if the
majority leader is a member of the same political party as the
Speaker, by the minority leader of the Senate).
(13) The chief of the Office of Public Integrity of the
Department of Justice, or the chief's designee.
(b) Diversity in Appointments.--Appointments shall be made to the
Board of Advisors under subsection (a) in a manner which ensures that
the Board of Advisors will be bipartisan in nature and will reflect the
various geographic regions of the United States.
(c) Term of Service; Vacancy.--Members of the Board of Advisors shall
serve for a term of 2 years, and may be reappointed. Any vacancy in the
Board of Advisors shall be filled in the manner in which the original
appointment was made.
(d) Chair.--The Board of Advisors shall elect a Chair from among its
members.
SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.
(a) Hearings and Sessions.--
(1) In general.--To the extent that funds are made available
by the Commission, the Standards Board (acting through the
Executive Board) and the Board of Advisors may each hold such
hearings for the purpose of carrying out this Act, sit and act
at such times and places, take such testimony, and receive such
evidence as each such Board considers advisable to carry out
this title, except that the Boards may not issue subpoenas
requiring the attendance and testimony of witnesses or the
production of any evidence.
(2) Meetings.--The Standards Board and the Board of Advisors
shall each hold a meeting of its members--
(A) not less frequently than once every year for
purposes of voting on the standards referred to it
under section 223;
(B) in the case of the Standards Board, not less
frequently than once every 2 years for purposes of
selecting the Executive Board; and
(C) at such other times as it considers appropriate
for purposes of conducting such other business as it
considers appropriate consistent with this title.
(b) Information From Federal Agencies.--The Standards Board and the
Board of Advisors may each secure directly from any Federal department
or agency such information as the Board considers necessary to carry
out this Act. Upon request of the Executive Board (in the case of the
Standards Board) or the Chair (in the case of the Board of Advisors),
the head of such department or agency shall furnish such information to
the Board.
(c) Postal Services.--The Standards Board and the Board of Advisors
may use the United States mails in the same manner and under the same
conditions as a department or agency of the Federal Government.
(d) Administrative Support Services.--Upon the request of the
Executive Board (in the case of the Standards Board) or the Chair (in
the case of the Board of Advisors), the Administrator of the General
Services Administration shall provide to the Board, on a reimbursable
basis, the administrative support services that are necessary to enable
the Board to carry out its duties under this title.
(e) No Compensation for Service.--Members of the Standards Board and
members of the Board of Advisors shall not receive any compensation for
their service, but shall be paid travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance
of services for the Board.
SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF CLAIMS AGAINST
BOARD.
(a) In General.--The provisions of chapters 161 and 171 of title 28,
United States Code, shall apply with respect to the liability of the
Standards Board, theBoard of Advisors, and their members for acts or
omissions performed pursuant to and in the course of the duties and
responsibilities of the Board.
(b) Exception For Criminal Acts and Other Willful Conduct.--
Subsection (a) may not be construed to limit personal liability for
criminal acts or omissions, willful or malicious misconduct, acts or
omissions for private gain, or any other act or omission outside the
scope of the service of a member of the Standards Board or the Board of
Advisors.
Subtitle B--Voluntary Election Standards
SEC. 221. DEVELOPMENT OF VOLUNTARY ELECTION STANDARDS.
(a) In General.--The Commission shall:
(1) In accordance with section 223, develop (through the
Executive Director of the Commission), adopt, and update (not
less often than every 4 years thereafter) voluntary engineering
and procedural performance standards for voting systems used in
Federal elections which shall meet the following requirements:
(A) The scope of the standards should include
security (including a documentary audit for non-ballot
systems), the procedures for certification and
decertification of software and hardware, the
assessment of usability, and operational guidelines for
the proper use and maintenance of equipment.
(B) The standards should provide that voters have the
opportunity to correct errors at the precinct or other
polling place, either within the voting equipment
itself or in the operational guidelines to
administrators for using the equipment, under
conditions which assure privacy to the voter.
(C) Each voting tally system certified for use should
include as part of the certification a proposed
statement of what constitutes a proper vote in the
design and operation of the system.
(D) New voting equipment systems certified either by
the Federal government or by any State should provide a
practical and effective means for voters with physical
disabilities to cast a secret ballot.
(2) Maintain a clearinghouse of information on the
experiences of State and local governments in implementing the
voluntary standards described in paragraph (1) and in operating
voting systems in general.
(3) In accordance with section 224, provide for the voluntary
testing, certification, decertification, and recertification of
voting systems.
(4) Advise States and units of local government regarding
compliance with the requirements of the Voting Accessibility
for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.)
and compliance with other Federal laws regarding accessibility
of registration facilities and polling places. Additionally, in
accordance with section 223, the Commission shall develop
(through the Executive Director of the Commission), adopt, and
update (not less often than every 4 years thereafter) voluntary
standards for maintaining and enhancing the accessibility and
privacy of registration facilities, polling places, and voting
methods with the goal of promoting for all individuals,
including the elderly and individuals with disabilities, the
accessibility of polling places and the effective use of voting
systems and voting equipment which provide the opportunity for
casting a secure and secret ballot, and shall include in such
standards voluntary guidelines regarding accessibility and
ease-of-use for States and units of local government to use
when obtaining voting equipment and selecting polling places.
In carrying out this paragraph, the Commission shall consult
with the Architectural and Transportation Barrier Compliance
Board under section 502 of the Rehabilitation Act of 1973 (29
U.S.C. 792) and other individuals and entities with expertise
in the accessibility of facilities for individuals with
disabilities.
(5) Make periodic studies available to the public regarding
the election administration issues described in subsection (b),
with the goal of promoting methods of voting and administering
elections which--
(A) will be the most convenient, accessible, and easy
to use for voters, including members of the uniformed
services, blind and disabled voters, and voters with
limited English proficiency;
(B) will yield the most accurate, secure, and
expeditious system for voting and tabulating election
results;
(C) will be nondiscriminatory and afford each
registered and eligible voter an equal opportunity to
vote; and
(D) will be efficient and cost-effective for use.
(6) In accordance with section 223, develop (through the
Executive Director of the Commission), adopt, and update (not
less often than every 4 years) voluntary election management
practice standards for State and local election officials to
maintain and enhance the administration of Federal elections,
including standards developed in consultation with the
Secretary of Defense to govern the treatment of absent
uniformed services voters (as defined in section 107(1) of the
Uniformed and Overseas Citizens Absentee Voting Act) and
overseas voters (as defined in section 107(5) of such Act)
which will include provisions to address each of the following:
(A) The rights of residence of uniformed services
voters absent due to military orders.
(B) The rights of absent uniformed services voters
and overseas voters to register to vote and cast
absentee ballots.
(C) The rights of absent uniformed services voters
and overseas voters to submit absentee ballot
applications early during an election year.
(D) The appropriate pre-election deadline for mailing
absentee ballots to absent uniformed services voters
and overseas voters.
(E) The appropriate minimum period between the
mailing of absentee ballots to absent uniformed
services voters and overseas voters and the deadline
for receipt of such ballots.
(F) The timely transmission of balloting materials to
absent uniformed services voters and overseas voters.
(G) Security and privacy concerns in the
transmission, receipt, and processing of ballots from
absent uniformed services voters and overseas voters,
including the need to protect against fraud.
(H) The use of a single application by absent
uniformed services voters and overseas voters for
absentee ballots for all Federal elections occurring
during a year.
(I) The use of a single application for voter
registration and absentee ballots by absent uniformed
services voters and overseas voters.
(J) The use of facsimile machines and electronic
means of transmission of absentee ballot applications
and absentee ballots to absent uniformed services
voters and overseas voters.
(K) Other issues related to the rights of absent
uniformed services voters and overseas voters to
participate in elections.
(7) Carry out the provisions of section 9 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding
mail voter registration.
(8) Make information on the Federal election system available
to the public and the media.
(9) At the request of State officials, assist such officials
in the review of election or vote counting procedures in
Federal elections, through bipartisan panels of election
professionals assembled by the Commission for such purpose.
(10) Compile and make available to the public the official
certified results of general elections for Federal office and
reports comparing the rates of voter registration, voter
turnout, voting system functions, and ballot errors among
jurisdictions in the United States.
(11) Gather information and serve as a clearinghouse
concerning issues relating to Federal, State, and local
elections.
(b) Election Administration Issues Described.--The election
administration issues described in this subsection are as follows:
(1) Current and alternate methods and mechanisms of voting
and counting votes in elections for Federal office.
(2) Current and alternate ballot designs for elections for
Federal office.
(3) Current and alternate methods of voter registration,
maintaining secure and accurate lists of registered voters
(including the establishment of a centralized, interactive,
statewide voter registration list linked to relevant agencies
and all polling sites), and ensuring that all registered voters
appear on the polling list at the appropriate polling site.
(4) Current and alternate methods of conducting provisional
voting.
(5) Current and alternate methods of ensuring the
accessibility of voting, registration, polling places, and
voting equipment to all voters, including disabled voters and
voters with limited English proficiency.
(6) Current and alternate methods of voter registration for
members of the uniformed services and overseas voters, and
methods of ensuring that such voters receive timely ballots
that will be properly and expeditiously handled and counted.
(7) Current and alternate methods of recruiting and improving
the performance of poll workers.
(8) Federal and State laws governing the eligibility of
persons to vote.
(9) Current and alternate methods of educating voters about
the process of registering to vote and voting, the operation of
voting mechanisms, the location of polling places, and all
other aspects of participating in elections.
(10) Matters particularly relevant to voting and
administering elections in rural and urban areas.
(11) Conducting elections for Federal office on different
days, at different places, and during different hours,
including the advisability of establishing a uniform poll
closing time.
(12) The ways that the Federal Government can best assist
State and local authorities to improve the administration of
elections for Federal office and what levels of funding would
be necessary to provide such assistance.
(c) Consultation With Standards Board and Board of Advisors.--The
Commission shall carry out its duties under this subtitle in
consultation with the Standards Board and the Board of Advisors.
SEC. 222. TECHNICAL STANDARDS DEVELOPMENT COMMITTEE.
(a) Establishment.--There is hereby established the Technical
Standards Development Committee (hereafter in this subtitle referred to
as the ``Development Committee'').
(b) Duties.--
(1) In general.--The Development Committee shall assist the
Executive Director of the Commission in the development of
voluntary standards under this subtitle by recommending
standards (and modifications to standards) to ensure the
usability, accuracy, security, accessibility, and integrity of
voting systems and voting equipment.
(2) Deadline for initial set of recommendations.--The
Development Committee shall provide its first set of
recommendations under this section to the Executive Director of
the Commission not later than 9 months after all of its members
have been appointed.
(c) Membership.--
(1) In general.--The Development Committee shall be composed
of the Director of the National Institute of Standards and
Technology (who shall serve as its chair), together with a
group of 14 other individuals appointed jointly by the
Commission and the Director of the National Institute of
Standards and Technology, consisting of the following:
(A) An equal number of each of the following:
(i) Members of the Standards Board.
(ii) Members of the Board of Advisors.
(iii) Members of the Architectural and
Transportation Barrier Compliance Board under
section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792).
(B) A representative of the American National
Standards Institute.
(C) Other individuals with technical and scientific
expertise relating to voting systems and voting
equipment.
(2) Quorum.--A majority of the members of the Development
Committee shall constitute a quorum, except that the
Development Committee may not conduct any business prior to the
appointment of all of its members.
(d) No Compensation For Service.--Members of the Development
Committee shall not receive any compensation for their service, but
shall be paid travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the performance of
services for the Development Committee.
(e) Technical Support From National Institute of Standards and
Technology.--At the request of the Development Committee, the Director
of the National Institute of Standards and Technology shall provide the
Development Committee with technical support necessary for the
Development Committee to carry out its duties under this subtitle.
(f) Publication of Recommendations in Federal Register.--At the time
the Commission adopts any standard pursuant to section 223, the
Development Committee shall cause to have published in the Federal
Register the recommendations it provided under this section to the
Executive Director of the Commission concerning the standard adopted.
SEC. 223. PROCESS FOR ADOPTION OF VOLUNTARY STANDARDS.
(a) Consideration of Recommendations of Development Committee;
Submission of Proposed Voluntary Standards to Board of Advisors and
Standards Board.--
(1) Consideration of recommendations of development
committee.--In developing standards and modifications for
purposes of this section, the Executive Director of the
Commission shall take into consideration the recommendations
provided by the Technical Standards Development Committee under
section 222.
(2) Board of advisors.--The Executive Director of the
Commission shall submit each of the voluntary engineering and
procedural performance standards (described in section
221(a)(1)), each of the voluntary standards described in
section 221(a)(4), and each of the voluntary election
management practice standards (described in section 221(a)(6))
developed by the Executive Director (or any modifications to
such standards) to the Board of Advisors.
(3) Standards board.--The Executive Director of the
Commission shall submit each of the voluntary engineering and
procedural performance standards (described in section
221(a)(1)), each of the voluntary standards described in
section 221(a)(4), and each of the voluntary election
management practice standards (described in section 221(a)(6))
developed by the Executive Director (or any modifications to
such standards) to the Executive Board of the Standards Board,
who shall review the standard (or modification) and forward its
recommendations to the Standards Board.
(b) Review.--Upon receipt of a voluntary standard described in
subsection (a) (or modification of such a standard) from the Executive
Director of the Commission, the Board of Advisors and the Standards
Board shall each review and submit comments and recommendations
regarding the standard (or modification) to the Commission.
(c) Final Approval.--
(1) In general.--A voluntary standard described in subsection
(a) (or modification of such a standard) shall not be
considered to be finally adopted by the Commission unless the
majority of the members of the Commission vote to approve the
final adoption of the standard (or modification), taking into
consideration the comments and recommendations submitted by the
Board of Advisors and the Standards Board under subsection (b).
(2) Minimum period for consideration of comments and
recommendations.--The Commission may not vote on the final
adoption of a voluntary standard described in subsection (a)
(or modification of such a standard) until the expiration of
the 90-day period which begins on the date the Executive
Director of the Commission submits the standard (or
modification) to the Board of Advisors and the Standards Board
under subsection (a).
SEC. 224. CERTIFICATION AND TESTING OF VOTING SYSTEMS.
(a) Certification and Testing.--
(1) In general.--The Commission shall provide for the
testing, certification, decertification, and recertification of
voting system hardware and software by accredited laboratories.
(2) Optional use by states.--At the option of a State, the
State may provide for the testing, certification,
decertification, or recertification of its voting system
hardware and software by the laboratories accredited by the
Commission under this section.
(b) Laboratory Accreditation.--
(1) Recommendations by national institute of standards and
technology.--Not later than 6 months after the Commission first
adopts voluntary engineering and procedural performance
standards under this subtitle, the Director of the National
Institute of Standards and Technology shall conduct an
evaluation of independent, non-Federal laboratories and shall
submit to the Commission a list of those laboratories the
Director proposes to be accredited to carry out the testing,
certification, decertification, and recertification provided
for under this section.
(2) Approval by commission.--The Commission shall vote on the
proposed accreditation of each laboratory on the list submitted
under paragraph (1), and no laboratory may be accredited for
purposes of this section unless its accreditation is approved
by a majority vote of the members of the Commission.
(c) Continuing Review by National Institute of Standards and
Technology.--
(1) In general.--In cooperation with the Commission and in
consultation with the Standards Board and the Board of
Advisors, the Director of the National Institute of Standards
and Technology shall monitor and review, on an ongoing basis,
the performance of the laboratories accredited by the
Commission under this section, and shall make such
recommendations to the Commission as it considers appropriate
with respect to the continuing accreditation of
suchlaboratories, including recommendations to revoke the accreditation
of any such laboratory.
(2) Approval by commission required for revocation.--The
accreditation of a laboratory for purposes of this section may
not be revoked unless the revocation is approved by a majority
vote of the members of the Commission.
SEC. 225. DISSEMINATION OF INFORMATION.
On an ongoing basis, the Commission shall disseminate to the public
(through the Internet, published reports, and such other methods as the
Commission considers appropriate) information on the activities carried
out under this subtitle, including--
(1) the voluntary election standards adopted by the
Commission, together with guidelines for applying the standards
and other information to assist in their implementation;
(2) the list of laboratories accredited to carry out testing,
certification, decertification, and recertification of voting
system hardware and software under section 224; and
(3) a list of voting system hardware and software products
which have been certified pursuant to section 224 as meeting
the applicable voluntary standards adopted by the Commission
under this subtitle.
Subtitle C--Election Assistance
PART 1--ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM IMPROVEMENTS
SEC. 231. ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM
IMPROVEMENTS.
(a) In General.--The Commission shall make an Election Fund payment
each year in an amount determined under section 232 to each State which
meets the requirements described in section 233 for the year.
(b) Use of funds.--A State receiving an Election Fund payment shall
use the payment for any or all of the following activities:
(1) Establishing and maintaining accurate lists of eligible
voters.
(2) Encouraging eligible voters to vote.
(3) Improving verification and identification of voters at
the polling place.
(4) Improving equipment and methods for casting and counting
votes.
(5) Recruiting and training election official and poll
workers.
(6) Improving the quantity and quality of available polling
places.
(7) Educating voters about their rights and responsibilities.
(8) Assuring access for voters with physical disabilities.
(9) Carrying out other activities to improve the
administration of elections in the State.
(c) Adoption of Commission Standards Not Required to Receive
Payment.--Nothing in this part may be construed to require a State to
implement any of the voluntary standards adopted by the Commission with
respect to any matter as a condition for receiving an Election Fund
payment.
(d) Schedule of Payments.--As soon as practicable after all members
of the Commission are appointed (but in no event later than 6 months
thereafter), and not less frequently than once each calendar year
thereafter, the Commission shall make Election Fund payments to States
under this part.
SEC. 232. ALLOCATION OF FUNDS.
(a) In General.--Subject to subsection (c), the amount of an Election
Fund payment made to a State for a year shall be equal to the product
of--
(1) the total amount appropriated for Election Fund payments
for the year under section 234; and
(2) the State allocation percentage for the State (as
determined under subsection (b)).
(b) State Allocation Percentage Defined.--The ``State allocation
percentage'' for a State is the amount (expressed as a percentage)
equal to the quotient of--
(1) the voting age population of the State; and
(2) the total voting age population of all States.
(c) Minimum Amount of Payment.--The amount of an Election Fund
payment made to a State for a year may not be less than--
(1) in the case of any of the several States or the District
of Columbia, \1/2\ of 1 percent of the total amount
appropriated for Election Fund payments for the year under
section 234; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, 20% of the
amount described in paragraph (1).
(d) Continuing Availability of Funds After Appropriation.--An
Election Fund payment made to a State under this part shall be
available to the State without fiscal year limitation.
SEC. 233. CONDITIONS FOR RECEIPT OF FUNDS.
(a) In General.--In order to receive an Election Fund payment for a
fiscal year, the chief State election official of the State shall
provide the Commission with the following certifications:
(1) A certification that the State has authorized and
appropriated funds for carrying out the activities for which
the Election Fund payment is made in an amount equal to 25
percent of the total amount to be spent for such activities
(taking into account the Election Fund payment and the amount
spent by the State).
(2) A certification that the State has set a uniform
Statewide benchmark for voting system performance in each local
jurisdiction administering elections, expressed as a percentage
of residual vote in the contest at the top of the ballot, and
requires local jurisdictions to report data relevant to this
benchmark after each general election for Federal office.
(3) A certification that the State is in compliance with the
voluntary voting system standards and certification processes
adopted by the Commission or that the State has enacted
legislation establishing its own State voting system standards
and processes which (at a minimum) ensure that new voting
mechanisms have the audit capacity to produce a record for each
ballot cast.
(4) A certification that--
(A) in each precinct or polling place in the State,
there is at least one voting system available which is
fully accessible to individuals with physical
disabilities; and
(B) if the State uses any portion of its Election
Fund payment to obtain new voting machines, at least
one voting machine in each polling place in the State
will be fully accessible to individuals with physical
disabilities.
(5) A certification that the State has established a fund
described in subsection (b) for purposes of administering its
activities under this part.
(6) A certification that, in administering election systems,
the State is in compliance with the existing applicable
requirements of the Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.), the National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.), the Voting Accessibility for the
Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), and the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
(7) A certification that the State provides for voter
education and poll worker training programs to improve access
to and participation in the electoral process, and provides
relevant training in the requirements of the National Voter
Registration Act of 1993 for personnel of State motor vehicle
authority offices and other voter registration agencies
designated by the State under such Act.
(8) A certification that the Election Fund payment has not
and will not supplant funds provided under existing programs
funded in the State for carrying out the activities for which
the Election Fund payment is made.
(b) Requirements for Election Fund.--
(1) Election fund described.--For purposes of subsection
(a)(5), a fund described in this subsection with respect to a
State is a fund which is established in the treasury of the
State government, which is used in accordance with paragraph
(2), and which consists of the following amounts:
(A) Amounts appropriated or otherwise made available
by the State for carrying out the activities for which
the Election Fund payment is made to the State under
this part.
(B) The Election Fund payment made to the State under
this part.
(C) Such other amounts as may be appropriated under
law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out the activities for which the
Election Fund payment is made to the State under this part.
(c) Methods of Compliance Left to Discretion of State.--The specific
choices on the methods of complying with the requirements described in
subsection (a) shall be left to the discretion of the State.
(d) Chief State Election Official Defined.--In this subtitle, the
``chief State election official'' of a State is the individual
designated by the State under section 10 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for
coordination of the State's responsibilities under such Act.
SEC. 234. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for Election Fund payments
under this part an aggregate amount of $2,250,000,000 for fiscal years
2002 through 2004.
PART 2--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
SEC. 241. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS.
(a) In General.--The Commission shall make grants to assist entities
in carrying out research and development to improve the quality,
reliability, accuracy, accessibility, affordability, and security of
voting equipment, election systems, and voting technology.
(b) Eligibility.--An entity is eligible to receive a grant under this
part if it submits to the Commission (at such time and in such form as
the Commission may require) an application containing--
(1) assurances that the research and development funded with
the grant will take into account the need to make voting
equipment fully accessible for individuals with disabilities
(including blind individuals), the need to ensure that such
individuals can vote independently and with privacy, and the
need to provide alternative language accessibility for
individuals with limited proficiency in the English language
(consistent with the requirements of the Voting Rights Act of
1965); and
(2) such other information and assurances as the Commission
may require.
(c) Applicability of Regulations Governing Patent Rights in
Inventions Made With Federal Assistance.--Any invention made by the
recipient of a grant under this part using funds provided under this
part shall be subject to chapter 18 of title 35, United States Code
(relating to patent rights in inventions made with Federal assistance).
SEC. 242. REPORT.
(a) In General.--Each entity which receives a grant under this part
shall submit to the Commission, Congress, and the President a report
describing the activities carried out with the funds provided under the
grant.
(b) Deadline.--An entity shall submit a report required under
subsection (a) not later than 60 days after the end of the fiscal year
for which the entity received the grant which is the subject of the
report.
SEC. 243. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under this part
$20,000,000 for fiscal year 2002.
PART 3--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY
SEC. 251. PILOT PROGRAM.
(a) In General.--The Commission shall make grants to carry out pilot
programs under which new technologies in voting systems and equipment
are implemented on a trial basis.
(b) Eligibility.--An entity is eligible to receive a grant under this
part if it submits to the Commission (at such time and in such form as
the Commission may require) an application containing--
(1) assurances that the pilot programs funded with the grant
will take into account the need to make voting equipment fully
accessible for individuals with disabilities (including blind
individuals), the need to ensure that such individuals can vote
independently and with privacy, and the need to provide
alternative language accessibility for individuals with limited
proficiency in the English language (consistent with the
requirements of the Voting Rights Act of 1965); and
(2) such other information and assurances as the Commission
may require.
SEC. 252. REPORT.
(a) In General.--Each entity which receives a grant under this part
shall submit to the Commission, Congress, and the President a report
describing the activities carried out with the funds provided under the
grant.
(b) Deadline.--An entity shall submit a report required under
subsection (a) not later than 60 days after the end of the fiscal year
for which the entity received the grant which is the subject of the
report.
SEC. 253. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under this part
$10,000,000 for fiscal year 2002.
PART 4--MISCELLANEOUS
SEC. 261. ROLE OF NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
(a) Recommendation of Topics for Research Under Voting Research
Grants and Pilot Programs.--The Director of the National Institute of
Standards and Technology (hereafter in this section referred to as the
``Director'') shall submit to the Commission an annual list of the
Director's suggestions for issues which may be the subject of research
funded with grants awarded under part 2 and part 3 during the year.
(b) Review of Grant Applications Received by Commission.--The
Commission shall submit each application it receives for a grant under
part 2 or part 3 to the Director, who shall review the application and
provide the Commission with such comments as the Director considers
appropriate.
(c) Monitoring and Adjustment of Grant Activities.--After the
Commission has awarded a grant under part 2 or part 3, the Director
shall monitor the grant and (to the extent permitted under the terms of
the grant as awarded) may recommend to the Commission that the
recipient of the grant modify and adjust the activities carried out
under the grant.
(d) Evaluation of Completed Grants.--
(1) In general.--After the recipient of a grant awarded by
the Commission has completed the terms of the grant, the
Director shall prepare and submit to the Commission an
evaluation of the grant and the activities carried out under
the grant.
(2) Inclusion in reports.--The Commission shall include the
evaluations submitted under paragraph (1) for a year in the
report submitted for the year under section 262.
(e) Intramural Research and Development.--The Director shall
establish a program for intramural research and development in areas to
support the development of voluntary technical standards for voting
products and systems, including--
(1) the security of computers, computer networks, and
computer data storage used in voting products and systems,
including the Statewide voter registration networks required
under the minimum standard described in section 502(1);
(2) methods to detect and prevent fraud;
(3) the protection of voter privacy;
(4) the role of human factors in the design and application
of voting products and systems, including assistive
technologies for individuals with disabilities and varying
levels of literacy; and
(5) remote access voting, including voting through the
Internet.
SEC. 262. REPORTS.
(a) Annual Reports on Activities.--Not later than 90 days after the
end of each fiscal year, the Commission shall submit a report to the
Committee on House Administration of the House of Representatives and
the Committee on Rules and Administration of the Senate on the
activities carried out by the Commission under this subtitle during the
previous fiscal year, and shall include in the report a description of
all applications for Election Fund payments and grants received by the
Commission during the year under this subtitle and the disposition of
such applications.
(b) Report on Human Factor Research.--Not later than 1 year after the
date of the enactment of this Act, the Commission, in consultation with
the Director of the National Institute of Standards and Technology,
shall submit a report to Congress which assesses the areas of human
factor research, including usability engineering and human-computer and
human-machine interaction, which feasibly could be applied to voting
products and systems design to ensure the usability and accuracy of
voting products and systems, including methods to improve access for
individuals with disabilities and to reduce voter error and the number
of spoiled ballots in elections.
SEC. 263. AUDIT.
(a) In General.--As a condition of receiving funds under this
subtitle, a State or entity described in part 2 or part 3 shall agree
that such funds shall be subject to audit if 2 or more members of the
Commission vote to require an audit.
(b) Mandatory Audit.--In addition to audits conducted pursuant to
subsection (a), all funds provided under this subtitle shall be subject
to mandatory audit at least once during the lifetime of the programs
under this subtitle.
TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM
SEC. 301. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 1 year after the appointment of its
members, the Election Assistance Commission shall develop a program to
be known as the ``Help America Vote College Program'' (hereafter in
this title referred to as the ``Program'').
(b) Purposes of Program.--The purpose of the Program shall be--
(1) to encourage students enrolled at institutions of higher
education (including community colleges) to assist State and
local governments in the administration of elections by serving
as nonpartisan poll workers or assistants; and
(2) to encourage State and local governments to use the
services of the students participating in the Program.
SEC. 302. ACTIVITIES UNDER PROGRAM.
(a) In General.--In carrying out the Program, the Commission (in
consultation with the chief election official of each State) shall
develop materials, sponsor seminars and workshops, engage in
advertising targeted at students, make grants, and take such other
actions as it considers appropriate to meet the purposes described in
section 301(b).
(b) Requirements for Grant Recipients.--In making grants under the
Program, the Commission shall ensure that the funds provided are spent
for projects and activities which are carried out without partisan bias
or without promoting any particular point of view regarding any issue,
and that each recipient is governed in a balanced manner which does not
reflect any partisan bias.
(c) Coordination With Institutions of Higher Education.--The
Commission shall encourage institutions of higher education (including
community colleges) to participate in the Program, and shall make all
necessary materials and other assistance (including materials and
assistance to enable the institution to hold workshops and poll worker
training sessions) available without charge to any institution which
desires to participate in the Program.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
In addition to any funds authorized to be appropriated to the
Commission under section 207, there are authorized to be appropriated
to carry out this title--
(1) $5,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each succeeding fiscal
year.
TITLE IV--HELP AMERICA VOTE FOUNDATION
SEC. 401. HELP AMERICA VOTE FOUNDATION.
(a) In General.--Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1525 the following:
``CHAPTER 1526--HELP AMERICA VOTE FOUNDATION
``Sec.
``152601. Organization.
``152602. Purposes.
``152603. Board of directors.
``152604. Officers and employees.
``152605. Powers.
``152606. Principal office.
``152607. Service of process.
``152608. Annual audit.
``152609. Civil action by Attorney General for equitable relief.
``152610. Immunity of United States Government.
``152611. Authorization of appropriations.
``152612. Annual report.
``Sec. 152601. Organization
``(a) Federal Charter.--The Help America Vote Foundation (in this
chapter, the `foundation') is a federally chartered corporation.
``(b) Nature of Foundation.--The foundation is a charitable and
nonprofit corporation and is not an agency or establishment of the
United States Government.
``(c) Perpetual Existence.--Except as otherwise provided, the
foundation has perpetual existence.
``Sec. 152602. Purposes
``(a) In General.--The purposes of the foundation are to--
``(1) mobilize secondary school students (including students
educated in the home) in the United States to participate in
the election process in a nonpartisan manner as poll workers or
assistants;
``(2) place secondary school students (including students
educated in the home) as nonpartisan poll workers or assistants
to local election officials in precinct polling places across
the United States; and
``(3) establish cooperative efforts with State and local
election officials, local educational agencies, superintendents
and principals of public and private secondary schools, and
other appropriate nonprofit charitable and educational
organizations exempt from taxation under section 501(a) of the
Internal Revenue Code of 1986 as an organization described in
section 501(c)(3) of such Code to further the purposes of the
foundation.
``(b) Requiring Activities To Be Carried Out on Nonpartisan Basis.--
The foundation shall carry out its purposes without partisan bias or
without promoting any particular point of view regarding any issue, and
shall ensure that each participant in its activities is governed in a
balanced manner which does not reflect any partisan bias.
``(c) Consultation With State Election Officials.--The foundation
shall carry out its purposes under this section in consultation with
the chief election officials of the States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, and the United
States Virgin Islands.
``Sec. 152603. Board of directors
``(a) General.--The board of directors is the governing body of the
foundation.
``(b) Members and Appointment.--(1) The board consists of 12
directors, who shall be appointed not later than 60 days after the date
of the enactment of this chapter as follows:
``(A) 4 directors (of whom not more than 2 may be members of
the same political party) shall be appointed by the President.
``(B) 2 directors shall be appointed by the Speaker of the
House of Representatives.
``(C) 2 directors shall be appointed by the minority leader
of the House of Representatives.
``(D) 2 directors shall be appointed by the majority leader
of the Senate.
``(E) 2 directors shall be appointed by the minority leader
of the Senate.
``(2) In addition to the directors described in paragraph (1), the
chair and ranking minority member of the Committee on House
Administration of the House of Representatives (or their designees) and
the chair and ranking minority member of the Committee on Rules and
Administration of the Senate (or their designees) shall each serve as
an ex officio nonvoting member of the board.
``(3) A director is not an employee of the Federal government and
appointment to the board does not constitute appointment as an officer
or employee of the United States Government for the purpose of any law
of the United States (except as may otherwise be provided in this
chapter).
``(4) The terms of office of the directors are 4 years.
``(5) A vacancy on the board shall be filled in the manner in which
the original appointment was made.
``(c) Chair.--The directors shall select one of the directors as the
chair of the board. The individual selected may not be a current or
former holder of any partisan elected office or a current or former
officer of any national committee of a political party.
``(d) Quorum.--The number of directors constituting a quorum of the
board shall be established under the bylaws of the foundation.
``(e) Meetings.--The board shall meet at the call of the chair of the
board for regularly scheduled meetings, except that the board shall
meet not less often than annually.
``(f) Reimbursement of Expenses.--Directors shall serve without
compensation but may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5.
``(g) Liability of Directors.--Directors are not personally liable,
except for gross negligence.
``Sec. 152604. Officers and employees
``(a) Appointment of Officers and Employees.--The board of directors
appoints, removes, and replaces officers and employees of the
foundation.
``(b) Status and Compensation of Employees.--
``(1) In general.--Officers and employees of the foundation--
``(A) are not employees of the Federal government
(except as may otherwise be provided in this chapter);
``(B) shall be appointed and removed without regard
to the provisions of title 5 governing appointments in
the competitive service; and
``(C) may be paid without regard to chapter 51 and
subchapter III of chapter 53 of title 5.
``(2) Availability of federal employee rates for travel.--For
purposes of any schedules of rates negotiated by the
Administrator of General Services for the use of employees of
the Federal government who travel on official business,
officers and employees of the foundation who travel while
engaged in the performance of their duties under this chapter
shall be deemed to be employees of the Federal government.
``Sec. 152605. Powers
``(a) General.--The foundation may--
``(1) adopt a constitution and bylaws;
``(2) adopt a seal which shall be judicially noticed; and
``(3) do any other act necessary to carry out this chapter.
``(b) Powers as Trustee.--To carry out its purposes, the foundation
has the usual powers of a corporation acting as a trustee in the
District of Columbia, including the power--
``(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, of
property or any income from or other interest in property;
``(2) to acquire property or an interest in property by
purchase or exchange;
``(3) unless otherwise required by an instrument of transfer,
to sell, donate, lease, invest, or otherwise dispose of any
property or income from property;
``(4) to borrow money and issue instruments of indebtedness;
``(5) to make contracts and other arrangements with public
agencies and private organizations and persons and to make
payments necessary to carry out its functions;
``(6) to sue and be sued; and
``(7) to do any other act necessary and proper to carry out
the purposes of the foundation.
``(c) Encumbered or Restricted Gifts.--A gift, devise, or bequest may
be accepted by the foundation even though it is encumbered, restricted,
or subject to beneficial interests of private persons, if any current
or future interest is for the benefit of the foundation.
``(d) Contracts.--The foundation may enter into such contracts with
public and private entities as it considers appropriate to carry out
its purposes.
``(e) Annual Conference in Washington Metropolitan Area.--During each
year (beginning with 2003), the foundation may sponsor a conference in
the Washington, D.C., metropolitan area to honor secondary school
students and other individuals who have served (or plan to serve) as
poll workers and assistants and who have otherwise participated in the
programs and activities of the foundation.
``Sec. 152606. Principal office
``The principal office of the foundation shall be in the District of
Columbia unless the board of directors determines otherwise. However,
the foundation may conduct business throughout the States, territories,
and possessions of the United States.
``Sec. 152607. Service of process
``The foundation shall have a designated agent to receive service of
process for the foundation. Notice to or service on the agent, or
mailed to the business address of the agent, is notice to or service on
the foundation.
``Sec. 152608. Annual audit
``The foundation shall enter into a contract with an independent
auditor to conduct an annual audit of the foundation.
``Sec. 152609. Civil action by Attorney General for equitable relief
``The Attorney General may bring a civil action in the United States
District Court for the District of Columbia for appropriate equitable
relief if the foundation--
``(1) engages or threatens to engage in any act, practice, or
policy that is inconsistent with the purposes in section 152602
of this title; or
``(2) refuses, fails, or neglects to carry out its
obligations under this chapter or threatens to do so.
``Sec. 152610. Immunity of United States Government
``The United States Government is not liable for any debts, defaults,
acts, or omissions of the foundation. The full faith and credit of the
Government does not extend to any obligation of the foundation.
``Sec. 152611. Authorization of appropriations
``There are authorized to be appropriated to the foundation for
carrying out the purposes of this chapter--
``(1) $5,000,000 for fiscal year 2002; and
``(2) such sums as may be necessary for each succeeding
fiscal year.
``Sec. 152612. Annual report
``As soon as practicable after the end of each fiscal year, the
foundation shall submit a report to the Commission, the President, and
Congress on the activities of the foundation during the prior fiscal
year, including a complete statement of its receipts, expenditures, and
investments. Such report shall contain information gathered from
participating secondary school students describing the nature of the
work they performed in assisting local election officials and the value
they derived from the experience of educating participants about the
electoral process.''.
(b) Clerical Amendment.--The table of chapters for part B of subtitle
II of title 36, United States Code, is amended by inserting after the
item relating to chapter 1525 the following new item:
``1526. Help America Vote Foundation........................ 152601''.
TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS.
(a) In General.--The chief State election official of each State
shall certify in writing to the Election Assistance Commission that--
(1) in administering election systems, the State is in
compliance with the existing applicable requirements of the
Voting Rights Act of 1965, the National Voter Registration Act
of 1993, the Uniformed and Overseas Citizens Absentee Voting
Act, the Voting Accessibility for the Elderly and Handicapped
Act, and the Americans With Disabilities Act of 1990; and
(2) the State has enacted legislation to enable the State to
meet each of the minimum standards for State election systems
described in section 502.
(b) Methods of Implementation Left to Discretion of State.--The
specific choices on the methods of implementing the legislation enacted
pursuant to subsection (a)(2) shall be left to the discretion of the
State.
(c) Chief State Election Official Defined.--In this title, the
``chief State election official'' of a State is the individual
designated by the State under section 10 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for
coordination of the State's responsibilities under such Act.
SEC. 502. STANDARDS DESCRIBED.
The minimum standards for State election systems described in this
section are as follows:
(1) The State will implement a Statewide voter registration
system networked to every local jurisdiction in the State, with
provisions for sharing data with other States, except that this
paragraph shall not apply in the case of a State in which,
under law in effect continuously on and after the date of the
enactment of this Act, there is no voter registration
requirement for any voter in the State with respect to an
election for Federal office.
(2) The State election system includes provisions to ensure
that voter registration records in the State are accurate and
are updated regularly, including the following:
(A) A system of file maintenance which removes
registrants who are ineligible to vote from the
official list of eligible voters. Under such system,
consistent with the National Voter Registration Act of
1993, registrants who have not voted in 2 or more
consecutive general elections for Federal office and
who have not responded to a notice shall be removed
from the official list of eligible voters, except that
no registrant may be removed solely by reason of a
failure to vote.
(B) Safeguards to ensure that eligible voters are not
removed in error from the official list of eligible
voters.
(3) The State permits, by the deadline required under section
504(b), in-precinct provisional voting by every voter who
claims to be qualified to vote in the State, or has adopted an
alternative which achieves the same objective, except that this
paragraph shall not apply in the case of a State in which,
under law in effect continuously on and after the date of the
enactment of this Act, all votes in the State in general
elections for Federal office are cast by mail.
(4) The State has adopted uniform standards that define what
will constitute a vote on each category of voting equipment
certified for use in the State.
(5) The State has implemented safeguards to ensure that
absent uniformed services voters (as defined in section 107(1)
of the Uniformed and Overseas Citizens Absentee Voting Act) and
overseas voters (as defined in section 107(5) of such Act) in
the jurisdiction have the opportunity to vote and to have their
votes counted.
(6) The State requires new voting systems to provide a
practical and effective means for voters with physical
disabilities to cast a secret ballot.
(7) If the State uses voting systems which give voters the
opportunity to correct errors, the State shall ensure that
voters are able to check for and correct errors under
conditions which assure privacy. States, and units of local
government within the States, replacing all voting machines
within their jurisdiction shall ensure that the new voting
system gives voters the opportunity to correct errors before
the vote is cast.
SEC. 503. ENFORCEMENT.
(a) Report by Commission to Attorney General.--If a State does not
provide a certification under section 501 to the Election Assistance
Commission, or if the Commission has credible evidence that a State's
certification is false or that a State is carrying out activities in
violation of the terms of the certification, the Commission shall
notify the Attorney General.
(b) Action by Attorney General.--After receiving notice from the
Commission under subsection (a), the Attorney General may bring a civil
action against a State in an appropriate district court for such
declaratory or injunctive relief as may be necessary to remedy a
violation of this title.
SEC. 504. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
requirements of this title shall take effect upon the expiration of the
2-year period which begins on the date of the enactment of this Act,
except that if the chief State election official of a State certifies
that good cause exists to waive the requirements of this title with
respect to the State until the date of the regularly scheduled general
election for Federal office held in November 2004, the requirements
shall apply with respect to the State beginning on the date of such
election.
(b) Deadlines for Implementation of Provisional Voting.--The minimum
standard described in section 502(3) (relating to permitting in-
precinct provisional voting) shall apply with respect to the regularly
scheduled general election for Federal office held in November 2002 and
each succeeding election for Federal office, except that if the chief
State election official of a State certifies that good cause exists to
delay the implementation of such standard in the State, the standard
shall apply in the State with respect to the regularly scheduled
general election for Federal office held in November 2004 and each
succeeding election for Federal office held in the State.
TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS
SEC. 601. VOTING ASSISTANCE PROGRAMS.
(a) In General.--(1) Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1566. Voting assistance: compliance assessments; assistance
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations to require that the Army, Navy, Air Force, and Marine Corps
ensure their compliance with any directives issued by the Secretary of
Defense in implementing any voting assistance program.
``(b) Voting Assistance Programs Defined.--In this section, the term
`voting assistance programs' means--
``(1) the Federal Voting Assistance Program carried out under
the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff et seq.); and
``(2) any similar program.
``(c) Annual Effectiveness and Compliance Reviews.--(1) The Inspector
General of each of the Army, Navy, Air Force, and Marine Corps shall
conduct--
``(A) an annual review of the effectiveness of voting
assistance programs; and
``(B) an annual review of the compliance with voting
assistance programs of that armed force.
``(2) Upon the completion of each annual review under paragraph (1),
each Inspector General specified in that paragraph shall submit to the
Inspector General of the Department of Defense a report on the results
of each such review. Such report shall be submitted in time each year
to be reflected in the report of the Inspector General of the
Department of Defense under paragraph (3).
``(3) Not later than March 31 each year, the Inspector General of the
Department of Defense shall submit to Congress a report on--
``(A) the effectiveness during the preceding calendar year of
voting assistance programs; and
``(B) the level of compliance during the preceding calendar
year with voting assistance programs of each of the Army, Navy,
Air Force, and Marine Corps.
``(d) Inspector General Assessments.--(1) The Inspector General of
the Department of Defense shall periodically conduct at Department of
Defense installations unannounced assessments of the compliance at
those installations with--
``(A) the requirements of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.);
``(B) Department of Defense regulations regarding that Act
and the Federal Voting Assistance Program carried out under
that Act; and
``(C) other requirements of law regarding voting by members
of the armed forces.
``(2) The Inspector General shall conduct an assessment under
paragraph (1) at not less than 10 Department of Defense installations
each calendar year.
``(3) Each assessment under paragraph (1) shall include a review of
such compliance--
``(A) within units to which are assigned, in the aggregate,
not less than 20 percent of the personnel assigned to duty at
that installation;
``(B) within a representative survey of members of the armed
forces assigned to that installation and their dependents; and
``(C) within unit voting assistance officers to measure
program effectiveness.
``(e) Regular Military Department Assessments.--The Secretary of each
military department shall include in the set of issues and programs to
be reviewed during any management effectiveness review or inspection at
the installation level an assessment of compliance with the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.)
and with Department of Defense regulations regarding the Federal Voting
Assistance Program.
``(f) Voting Assistance Officers.--(1) Voting assistance officers
shall be appointed or assigned under Department of Defense regulations.
Commanders at all levels are responsible for ensuring that unit voting
officers are trained and equipped to provide information and assistance
to members of the armed forces on voting matters. Performance
evaluation reports pertaining to a member who has been assigned to
serve as a voting assistance officer shall comment on the performance
of the member as a voting assistance officer. The Secretary of each
military department shall certify to Congress that (at a minimum) a
voting assistance officer has been appointed or assigned for each
military installation and major command under the jurisdiction of the
department and that a replacement will be appointed if the original
officer is no longer able to serve.
``(2) Under regulations and procedures prescribed by the Secretary, a
member of the armed forces appointed or assigned to duty as a voting
assistance officer shall, to the maximum extent practicable, be given
the time and resources needed to perform the member's duties as a
voting assistance officer during the period in advance of a general
election when members and their dependents are preparing and submitting
absentee ballots.
``(3) As part of each assessment prepared by the Secretary of a
military department under subsection (e), the Secretary shall--
``(A) specify the number of members of the armed forces under
the jurisdiction of the Secretary who are appointed or assigned
to duty as voting assistance officers;
``(B) specify the ratio of voting assistance officers to
active duty members of the armed forces under the jurisdiction
of the Secretary;
``(C) indicate whether this number and ratio comply with the
requirements of the Federal Voting Assistance Program; and
``(D) describe the training such members receive to perform
their duties as voting assistance officers.
``(g) Registration and Voting Information for Members and
Dependents.--(1) The Secretary of each military department, using a
variety of means including both print and electronic media, shall, to
the maximum extent practicable, ensure that members of the armed forces
and their dependents who are qualified to vote have ready access to
information regarding voter registration requirements and deadlines
(including voter registration), absentee ballot application
requirements and deadlines, and the availability of voting assistance
officers to assist members and dependents to understand and comply with
these requirement.
``(2) The Secretary of each military department shall make the
national voter registration form prepared for purposes of the Uniformed
and Overseas Citizens Absentee Voting Act by the Federal Election
Commission available so that each person who enlists, reenlists, or
voluntarily extends an enlistment or who completes a permanent change
of station in an active or reserve component of the Army, Navy, Air
Force, or Marine Corps shall receive such form at the time of the
enlistment, reenlistment, extension, or completion of the permanent
change of station, or as soon thereafter as practicable.
``(3) Where practicable, a special day or days shall be designated at
each military installation for the purpose of informing members of the
armed forces and their dependents of election timing, registration
requirements, and voting procedures.
``(h) Delivery of Mail From Overseas Preceding Federal Elections.--
(1) During the four months preceding a general Federal election month,
the Secretary of Defense shall periodically conduct surveys of all
overseas locations and vessels at sea with military units responsible
for collecting mail for return shipment to the United States and all
port facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations or to the
United States. The purpose of each survey shall be to determine if
voting materials are awaiting shipment at any such location and, if so,
the length of time that such materials have been held at that location.
During the fourth and third months before a general Federal election
month, such surveys shall be conducted biweekly. During the second and
first months before a general Federal election month, such surveys
shall be conducted weekly.
``(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at all times.
The Secretary shall, to the maximum extent practicable, implement
measures to ensure that a postmark or other official proof of mailing
date is provided on each absentee ballot collected at any overseas
location or vessel at sea whenever the Department of Defense is
responsible for collecting mail for return shipment to the United
States. The Secretary shall submit to Congress a report describing the
measures to be implemented to ensure the timely transmittal and
postmarking of voting materials and identifying the persons responsible
for implementing such measures.
``(3) The Secretary of each military department, utilizing the voting
assistance officer network established for each military installation,
shall, to the maximum extent practicable, provide notice to members of
the armed forces stationed at that installation of the last date before
a general Federal election for which absentee ballots mailed from a
postal facility located at that installation can reasonably be expected
to be timely delivered to the appropriate State and local election
officials.
``(4) In this section, the term `general Federal election month'
means November in an even-numbered year.''.
(2) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
``1566. Voting assistance: compliance assessments; assistance.''.
(b) Initial Report.--The first report under section 1566(c)(3) of
title 10, United States Code, as added by subsection (a), shall be
submitted not later than March 31, 2003.
SEC. 602. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON
REGISTRATION AND ABSENTEE BALLOTS FOR ALL VOTERS IN
STATE.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) In General.--'' before ``Each State'';
and
(2) by adding at the end the following new subsection:
``(b) Designation of Single State Office to Provide Information on
Registration and Absentee Ballot Procedures for All Voters in State.--
``(1) In general.--Each State shall designate a single office
which shall be responsible for providing information regarding
voter registration procedures and absentee ballot procedures
(including procedures relating to the use of the Federal write-
in absentee ballot) to all absent uniformed services voters and
overseas voters who wish to register to vote or vote in any
jurisdiction in the State.
``(2) Recommendation regarding use of office to accept and
process materials.--Congress recommends that the State office
designated under paragraph (1) be responsible for carrying out
the State's duties under this Act, including accepting valid
voter registration applications, absentee ballot applications,
and absentee ballots (including Federal write-in absentee
ballots) from all absent uniformed services voters and overseas
voters who wish to register to vote or vote in any jurisdiction
in the State.''.
SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER
GENERAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 602, is
amended by adding at the end the following new subsection:
``(c) Report on Number of Absentee Ballots Transmitted and
Received.--Not later than 90 days after the date of each regularly
scheduled general election for Federal office, each State and unit of
local government which administered the election shall (through the
State, in the case of a unit of local government) submit a report to
the Election Assistance Commission (established under the Help America
Vote Act of 2001) on the number of absentee ballots transmitted to
absent uniformed services voters and overseas voters for the election
and the number of such ballots which were returned by such voters and
cast in the election, and shall make such report available to the
general public.''.
(b) Development of Standardized Format for Reports.--The Election
Assistance Commission, working with the Election Assistance Commission
Board of Advisors and the Election Assistance Commission Standards
Board, shall develop a standardized format for the reports submitted by
States and units of local government under section 102(c) of the
Uniformed and Overseas Citizens Absentee Voting Act (as added by
subsection (a)), and shall make the format available to the States and
units of local government submitting such reports.
SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE BALLOT
APPLICATION PROCEDURES FOR ABSENT UNIFORMED
SERVICES AND OVERSEAS VOTERS.
(a) Requiring States to Accept Official Form For Simultaneous Voter
Registration and Absentee Ballot Application; Deadline for Processing
Application.--
(1) In general.--Section 102(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended
by section 602, is amended--
(A) by amending paragraph (2) to read as follows:
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an absent
uniformed services voter or overseas voter, if the application
is received by the appropriate State election official not less
than 30 days before the election;'';
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) use the official post card form (prescribed under
section 101) for simultaneous voter registration application
and absentee ballot application.''.
(2) Conforming amendments.--Section 101(b)(2) of such Act (42
U.S.C. 1973ff(b)(2)) is amended by striking ``as recommended in
section 104'' and inserting ``as required under section
102(4)''.
(b) Use of Single Application for All Subsequent Elections.--Section
104 of such Act (42 U.S.C. 1973ff-3) is amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.
``(a) In General.--If a State accepts and processes an official post
card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State during that year, the
State shall provide an absentee ballot to the voter for each subsequent
election for Federal office held in the State during that year.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another
State.
``(c) Revision of Official Post Card Form.--The Presidential designee
shall revise the official post card form (prescribed under section 101)
to enable a voter using the form to--
``(1) request an absentee ballot for each election for
Federal office held in a State during a year; or
``(2) request an absentee ballot for only the next scheduled
election for Federal office held in a State.
``(d) No Effect on Voter Removal Programs.--Nothing in this section
may be construed to prevent a State from removing any voter from the
rolls of registered voters in the State under any program or method
permitted under section 8 of the National Voter Registration Act of
1993.''.
SEC. 605. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER UNIFORMED
AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
(a) Educating Election Officials on Responsibilities Under Act.--
Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and ensuring that
such officials are aware of the requirements of this Act;''.
(b) Development of Standard Oath for Use With Materials.--
(1) In general.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(A) by striking ``and'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(7) prescribe a standard oath for use with any document
under this title affirming that a material misstatement of fact
in the completion of such a document may constitute grounds for
a conviction for perjury.''.
(2) Requiring states to use standard oath.--Section 102(a) of
such Act (42 U.S.C. 1973ff-1(b)), as amended by sections 603
and 605(a), is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) if the State requires an oath or affirmation to
accompany any document under this title, use the standard oath
prescribed by the Presidential designee under section
101(b)(7).''.
(c) Providing Breakdown Between Overseas Voters and Absent Uniformed
Services Voters in Statistical Analysis of Voter Participation.--
Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is amended by
inserting after ``participation'' the following: ``(listed separately
for overseas voters and absent uniformed services voters)''.
SEC. 606. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE
COMPONENT FACILITIES AS POLLING PLACES.
(a) Limited Use of Military Installations Authorized.--Section 2670
of title 10, United States Code, is amended--
(1) by striking ``Under'' and inserting ``(a) Use by Red
Cross.--Under'';
(2) by striking ``this section'' and inserting ``this
subsection''; and
(3) by adding at the end the following new subsection:
``(b) Use as Polling Places.--(1) Notwithstanding any other provision
of law, the Secretary of a military department may make a building
located on a military installation under the jurisdiction of the
Secretary available for use as a polling place in any Federal, State,
or local public election, but only if such use is limited to eligible
voters who reside on that military installation.
``(2) If a building located on a military installation is made
available under paragraph (1) as the site of a polling place, the
Secretary shall continue to make the building available for subsequent
elections unless the Secretary provides to the appropriate State or
local election officials advance notice, in a reasonable and timely
manner, of the reasons why the building will no longer be made
available as a polling place.
``(3) In this section, the term `military installation' has the
meaning given the term in section 2687(e) of this title.''.
(b) Use of Reserve Component Facilities.--(1) Section 18235 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(c) Pursuant to a lease or other agreement under subsection (a)(2),
the Secretary may make a facility covered by subsection (a) available
for use as a polling place in any Federal, State, or local public
election notwithstanding any other provision of law. If a facility is
made available as the site of a polling place with respect to an
election, the Secretary shall continue to make the facility available
for subsequent elections unless the Secretary provides to the
appropriate State or local election officials advance notice, in a
reasonable and timely manner, of the reasons why the facility will no
longer be made available as a polling place.''.
(2) Section 18236 of such title is amended by adding at the end the
following:
``(e) Pursuant to a lease or other agreement under subsection (c)(1),
a State may make a facility covered by subsection (c) available for use
as a polling place in any Federal, State, or local public election
notwithstanding any other provision of law.''.
(c) Conforming Amendments to Title 18.--(1) Section 592 of title 18,
United States Code, is amended by adding at the end the following new
sentence:
``This section shall not apply to the actions of members of the Armed
Forces at any polling place on a military installation where a general
or special election is held in accordance with section 2670(b), 18235,
or 18236 of title 10.''.
(2) Section 593 of such title is amended by adding at the end the
following new sentence:
``This section shall not apply to the actions of members of the Armed
Forces at any polling place on a military installation where a general
or special election is held in accordance with section 2670(b), 18235,
or 18236 of title 10.''.
(d) Conforming Amendment to Voting Rights Law.--Section 2003 of the
Revised Statutes of the United States (42 U.S.C. 1972) is amended by
adding at the end the following new sentence: ``Making a military
installation or reserve component facility available as a polling place
in a Federal, State, or local public election in accordance with
section 2670(b), 18235, or 18236 of title 10, United States Code, is
deemed to be consistent with this section.''.
(e) Clerical amendments.--(1) The heading of section 2670 of title
10, United States Code, is amended to read as follows:
``Sec. 2670. Buildings on military installations: use by American
National Red Cross and as polling places in
Federal, State, and local elections''.
(2) The item relating to such section in the table of sections at the
beginning of chapter 159 of such title is amended to read as follows:
``2670. Buildings on military installations: use by American National
Red Cross and as polling places in Federal, State, and local
elections.''.
TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL
SEC. 701. REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL.
(a) In General.--Section 3629 of title 39, United States Code, is
amended to read as follows:
``Sec. 3629. Reduced rates for official election mail
``(a) Notwithstanding any other provision of this title, the rate of
postage for any first-class mail matter shall, in the case of official
election mail, be equal to 50 percent of the regular first-class rate,
subject to subsection (c).
``(b) For purposes of this section, the term `official election mail'
means any mailing by a State or local election official that--
``(1) is mailed in the course of official business;
``(2) consists of voter registration or election information
or assistance prepared and mailed in a nonpartisan manner; and
``(3) bears such logo or other markings as the Postal Service
may require.
Such term does not include any mailing that includes any mail matter
intended to promote government action unrelated to the conduct of an
election.
``(c) Nothing in this section shall, with respect to any official
election mail, be considered to make unavailable--
``(1) any free mailing privilege under section 3406 or any
other provision of law for which such mail otherwise qualifies;
or
``(2) any reduced rate of postage under section 3626 or any
other provision of law for which such mail otherwise qualifies,
if lower than the rate that would otherwise apply under
subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 36 of
title 39, United States Code, is amended by striking the item relating
to section 3629 and inserting the following:
``3629. Reduced rates for official election mail.''.
TITLE VIII--TRANSITION PROVISIONS
Subtitle A--Transfer to Commission of Functions Under Certain Laws
SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Transfer of Functions of Office of Election Administration of
Federal Election Commission.--There are transferred to the Election
Assistance Commission established under section 201 all functions which
the Office of the Election Administration, established within the
Federal Election Commission, exercised before the date of enactment of
this Act.
(b) Conforming Amendment.--Section 311(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) in paragraph (8), by inserting ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (10) and the second and third
sentences.
SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) Transfer of Functions.--There are transferred to the Election
Assistance Commission established under section 201 all functions which
the Federal Election Commission exercised under the National Voter
Registration Act of 1993 before the date of enactment of this Act.
(b) Conforming Amendment.--Section 9(a) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is amended by striking
``Federal Election Commission'' and inserting ``Election Assistance
Commission''.
SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) Property and Records.--The contracts, liabilities, records,
property, and other assets and interests of, or made available in
connection with, the offices and functions of the Federal Election
Commission which are transferred by this subtitle are transferred to
the Election Assistance Commission for appropriate allocation.
(b) Personnel.--
(1) In general.--The personnel employed in connection with
the offices and functions of the Federal Election Commission
which are transferred by this subtitle are transferred to the
Election Assistance Commission.
(2) Effect.--Any full-time or part-time personnel employed in
permanent positions shall not be separated or reduced in grade
or compensation because of the transfer under this subsection
during the 1-year period beginning on the date of the enactment
of this Act.
SEC. 804. EFFECTIVE DATE; TRANSITION.
(a) Effective Date.--This title and the amendments made by this title
shall take effect upon the appointment of all members of the Election
Assistance Commission under section 203.
(b) Transition.--With the consent of the entity involved, the
Election Assistance Commission is authorized to utilize the services of
such officers, employees, and other personnel of the entities from
which functions have been transferred to the Election Assistance
Commission under this title or the amendments made by this title for
such period of time as may reasonably be needed to facilitate the
orderly transfer of such functions.
Subtitle B--Coverage of Commission Under Certain Laws and Programs
SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN CIVIL SERVICE
LAWS.
(a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I) of title
5, United States Code, is amended by inserting ``or the Election
Assistance Commission'' after ``Commission''.
(b) Exclusion From Senior Executive Service.--Section 3132(a)(1)(C)
of title 5, United States Code, is amended by inserting ``or the
Election Assistance Commission'' after ``Commission''.
SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.
(a) In General.--Section 8G(a)(2) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting ``the Election Assistance
Commission,'' after ``Federal Election Commission,''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect 180 days after the appointment of all members of the Election
Assistance Commission under section 203.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. 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. 902. MISCELLANEOUS PROVISIONS TO PROTECT INTEGRITY OF ELECTION
PROCESS.
(a) Clarification of Ability of Election Officials to Remove
Registrants From Official List of Voters on Grounds of Change of
Residence.--Section 8(b)(2) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-6(b)(2)) is amended by striking the period at
the end and inserting the following: ``, except that nothing in this
paragraph may be construed to prohibit a State from using the
procedures described in subsections (c) and (d) to remove an individual
from the official list of eligible voters if the individual has not
voted or appeared to vote in 2 or more consecutive general elections
for Federal office and has not notified the applicable registrar (in
person or in writing) or responded to a notice sent by the applicable
registrar during the period in which such elections are held that the
individual intends to remain registered in the registrar's
jurisdiction.''.
(b) Prohibiting Efforts by Poll Workers to Coerce Voters to Cast
Votes for Every Office on Ballot.--Section 594 of title 18, United
States Code, is amended--
(1) by striking ``Whoever'' and inserting ``(a) Whoever'';
and
(2) by adding at the end the following new subsection:
``(b) For purposes of subsection (a), a poll worker who urges or
encourages a voter who has not cast a vote for each office listed on
the ballot to return to the voting booth to cast votes for every
office, or who otherwise intimidates, harasses, or coerces the voter to
vote for each such office (or who attempts to intimidate, harass, or
coerce the voter to vote for each such office), shall be considered to
have intimidated, threatened, or coerced (or to have attempted to
intimidate, threaten, or coerce) the voter for the purpose of
interfering with the voter's right to vote as the voter may choose.
Nothing in this subsection shall prohibit a poll worker from providing
information to a voter who requests assistance.''.
SEC. 903. NO EFFECT ON OTHER LAWS.
(a) In General.--Nothing in this Act and no action taken pursuant to
this Act shall supersede, restrict, or limit the application of the
Voting Rights Act of 1965, the National Voter Registration Act of 1993,
the Voting Accessibility for the Elderly and Handicapped Act, or the
Americans with Disabilities Act of 1990.
(b) No Conduct Authorized Which is Prohibited Under Other Laws.--
Nothing in this Act authorizes or requires any conduct which is
prohibited by the Voting Rights Act of 1965, the National Voter
Registration Act of 1993, or the Americans with Disabilities Act of
1990.
(c) Application to States, Local Governments, and Commission.--Except
as specifically provided in the case of the National Voter Registration
Act of 1993, nothing in this Act may be construed to affect the
application of the Voting Rights Act of 1965, the National Voter
Registration Act of 1993, or the Americans with Disabilities Act of
1990 to any State, unit of local government, or other person, or to
grant to the Election Assistance Commission the authority to carry out
activities inconsistent with such Acts.
Purpose of the Legislation
The purpose of H.R. 3295, the Help America Vote Act of
2001, can be stated very simply--it is to improve our country's
election system. The circumstances surrounding the election
that took place in November 2000 brought an increased focus on
the process of election administration, and highlighted the
need for improvements. The Help America Vote Act of 2001 will
make it possible to implement needed improvements.
Historically, elections in this country have been
administered at the state and local level. This system has many
benefits that must be preserved. The dispersal of
responsibility for election administration has made it
impossible for a single centrally controlled authority to
dictate how elections will be run, and thereby be able to
control the outcome. This leaves the power and responsibility
for running elections where it should be, in the hands of the
citizens of this country. Local control has the further added
benefit of allowing for flexibility, so that local authorities
can tailor their procedures to meet the demands of disparate
and unique communities. Further by leaving the responsibility
for election administration in the hands of local authorities,
if a problem arises, the citizens who live within their
jurisdictions know whom to hold accountable. The local
authorities who bear the responsibility cannot now, and should
not in the future be able to, point the finger of blame at some
distant, unaccountable, centralized bureaucracy.
While local control must be preserved, it is time to
recognize that the federal government can play a valuable roll
by assisting state and local government in modernizing their
election systems. H.R. 3295 will, for the first time, give the
state and local governments some financial assistance, from the
federal government, to improve their election infrastructure.
Summary of the Legislation
punch card replacement program
The disadvantages of punch card voting systems were
highlighted during the recount that took place in Florida
following the November 2000 election. Large portions of the
American public have lost confidence in them. For systems that
use a blank punch card, a failure to properly align the card
behind the ballot can result in the casting of a vote for a
candidate the voter did not mean to select. The perforated chad
on the punch card may not be completely punched out, so the
machine counter does not register any vote for that office. In
the event of a close election, punch cards are ill suited to a
recount. Running the ballots through a counter repeatedly
during a recount can result in the detachment of additional
chads, essentially creating votes that were never meant to be
cast. If a manual recount must be resorted to, officials are
faced with the unenviable task of attempting to divine the
intent of a voter based on the amount of depression or partial
detachment of a chad.
H.R. 3295 seeks to make punch card systems a part of our
history, not our future. It authorizes $400 million to replace
them. Any State or jurisdiction that used punch card voting
systems in the November 2000 general election is eligible to
receive up to $6000 per precinct to replace them. They must
obligate the funds before the next federal election in November
2002, and must have all their punch card systems replaced
before the election in November 2004 (though they can get
either deadline extended by 2 years for good cause shown). To
hasten the dispersal of these dollars, this program will be
administered by the General Services Administration.
Some jurisdictions may choose not to replace their punch
card systems, but H.R. 3295 makes funds available to those
jurisdictions that want to modernize their systems.
Additionally, the bill makes available funds for enhancement of
these systems. For example, punch card systems can be made far
more reliable if they are counted at the precinct, rather than
at a central location. The enhancement program will provide
funds to make improvements that will restore public confidence
in punch card machines where they remain in use.
election assistance commission
H.R. 3295 creates a new federal commission that will be
tasked with providing information and assistance to state and
local governments on best practices to successfully administer
elections. The Commission has been structured to perform an
advisory, as opposed to an administrative roll, in elections.
The Commission has no rule making authority. The four
commissioners will be recommended by the congressional
leadership and will be appointed by the President. No more than
two commissioners may be of the same party, to assure that the
Commission acts in a nonpartisan fashion. The Commissioners
will have experience or expertise in election administration or
the study of elections, and will serve on a part time basis.
In establishing this commission, the Committee sought to
involve the state and local officials who will be tasked with
carrying out its recommendations. Two boards were created under
the Commission, the Advisory Board and the Standards Board. The
twenty-five member Advisory Board will consist of
representatives from various groups that are involved with or
care about election administration issues. The Standards Board
will consist of the chief state election official, and a local
election official, from each of the 50 states, the District of
Columbia and the territories. The Boards will review and
comment on any proposed standards prior to consideration by the
Commission. Since those who serve on the Board will determine
if their jurisdictions will adopt any of the voluntary
standards approved, their thoughts and comments will be given
serious attention by the Commission.
There is also created under the Commission a Technical
Standards Development Committee. The Development Committee will
assist the Executive Director of the Commission in the
development of voluntary standards by recommending standards
pertaining to the usability, accuracy, security, accessibility
and integrity of voting systems and equipment. The Development
Committee will be chaired by the Director of the National
Institute of Standards and Technology, and will consist of
members of the Board of Advisors and members of the Standards
Board, among others.
Once the Development Committee has developed proposed
voluntary standards, it will submit them to the Executive
Director. The Executive Director shall then forward the
standards (as developed or with modifications) to the Boards
for review and comment. After the Boards have had an
opportunity to review or comment, the standards will be
forwarded to the Commission, which can approve them by majority
vote.
This process will ensure that the standards are developed
in a way that involves persons with real world technical
expertise and experience in election administration. It is a
process designed to give the people who will be responsible for
administering elections, the state and local elections
officials, a voice in the standards development process. By
heeding that voice, the Commission should be able to make
recommendations that truly reflect the recognized best
practices of election administration.
The Commission will have grant making power. In addition to
distributing the election fund payments, the bill authorizes
two grant programs. One grant program will be devoted to
research on voting technology improvements, the second will
distribute grants for pilot programs to test equipment and
technology. The research and development program is designed to
encourage innovative technological and management strategies
that will improve the accessibility, efficiency and security of
election systems. This program in conjunction with the pilot
program should foster development of these strategies where it
may not be cost effective for the private sector to conduct
research on their own. Universities, local jurisdictions, and
the private sector are eligible to participate alone or as
partners. Ideas that can be explored could include, for
example, developing ways to communicate in different ways to
voters about their registration status before the election.
This would avoid unnecessary confusion on Election Day about
whether voters are registered and where they should vote. Use
of the Internet or telephone systems in this initiative could
preclude a great deal of confusion on Election Day and minimize
unnecessary administrative burdens processing provisional
ballots post election. These and other ideas could be explored
to ensure that our election system and its associated
technologies are constantly being improved.
funding conditions
H.R. 3295 authorizes $2.25 billion over three years for
Election Fund payments. These funds will be provided to states
at a matching rate of 75% (federal) to 25% (state). States will
be permitted to use these dollars for a range of activities
which improve election administration. This will give states
the opportunity to direct fund payments to the areas where the
resources are most needed. Jurisdictions that want to modernize
their voting equipment can use election fund payments for that
purpose. Others may have more pressing needs for modernized
statewide registration systems, or better education and
training of voters and poll workers. The Election Fund is
designed to allow states to determine their greatest needs, and
direct resources where they are most needed.
While the States will have flexibility in deciding where to
direct dollars, they will be required to meet certain
requirements as a condition of receiving funds. These funding
conditions are not intended to be unduly burdensome, or to
require states to incur obligations that will exceed the amount
of funds appropriated and made available to the States. They
will, however, ensure that the federal dollars are being spent
appropriately, and that recipients meet certain criteria. The
Commission will disperse election fund payments, and will
monitor compliance with the funding conditions.
help america vote foundation and college program
There is a critical shortage of poll-workers in this
country. Many election officials fear the problem will grow
even worse as the volunteers they rely on, many of them
retirees, grow older with little national effort to recruit new
volunteers. Experienced and well trained poll workers are
essential to making our elections run properly. They provide
assistance to voters, make sure proper procedures are followed,
and guard the integrity of our elections.
A second well recognized problem in this country is the
disengagement of our young people from the electoral process.
For far too many of our young citizens, politics is a confusing
and uninteresting side show in which they have no desire to
participate.
The creation of the Help America Vote Foundation and
College Program is designed to address both of these problems.
These programs will encourage civic involvement by high school
and college students by making them available for service as
non-partisan poll workers and assistants to local election
authorities. This will have the two-fold benefit of alleviating
the shortage of volunteers, while also exposing our youth to
the electoral process. Ideally, many of those who will become
exposed to the election process for the first time through this
program, will cultivate a life long interest in the process,
and will continue to serve as election volunteers for many
years, or at a minimum continue to be engaged in American civic
life as informed citizens and voters.
The College Program will be administered by the Election
Assistance Commission. The High School Program will be set up
as a federally chartered corporation. The Commission will make
grants for the college program, while thefederal corporation
created will administer the High School program. Both programs must be
carried out without partisan bias, and without promoting any particular
point of view regarding any issue.
minimum standards
The minimum standards in H.R. 3295 require States to meet
certain criteria, regardless of whether or not they accept
election fund payments. While they impose minimum requirements,
they allow the states to develop their own laws and procedures
to fulfill the requirements. The goal of the minimum standards
is to improve our election system without issuing dictates that
would rob states of the ability to craft their own solutions.
The Minimum Standards are:
(1) The State will implement a Statewide voter registration
system networked to every local jurisdiction in the State, with
provisions for sharing data with other States, except that this
paragraph shall not apply in the case of a State in which,
under law in effect continuously on and after the date of the
enactment of this Act, there is no voter registration
requirement for any voter in the State with respect to an
election for Federal office.
One of the most exciting and promising reforms that the
Committee explored is statewide registration. In its June 2001
report to Congress, the bipartisan Federal Election Commission,
after consulting with state and local election officials,
recommended that states ``1) develop and implement a statewide
computerized voter registration database; 2) insure that all
local registration offices are computerized; and 3) link their
statewide computerized system, where feasible, with the
computerized systems of the collateral public agencies relevant
to the NVRA (motor-vehicle offices, public-assistance offices,
etc.)''. The bi-partisan National Commission on Federal
Election Reform (``Ford/Carter Commission'') also recommended
states adopt such a system, as did the nation's election
administrators in their non-partisan National Task Force on
Election Reform.
Creation of such a system will make the registration lists
more accurate, and easier to update. It should reduce the
incidence of voters appearing at a polling place only to
discover that no record of their registration can be found.
When voters move from one jurisdiction to another within that
state, the statewide system will be able to track that
movement. If for some reason a voter remained registered at
their old address, the election officials will be able to see
that and take corrective action. Requiring states to develop
statewide databases will modernize and improve registration
nationwide.
People are mobile, but more than three-quarters of all
residential moves are in-state. An effective statewide database
can therefore be quite useful, including its capacity to
address such common issues as the registration of in-state
college students and people with second homes within a state.
But perhaps the most important beneficiaries of statewide
registration systems will be members of lower-income groups,
who are more likely to move than higher-income groups within
the same state.
The minimum standard requires states to create a single
database that is official, centralized and administered at the
state level. Databases which simply link existing local
databases do not qualify as satisfying this requirement.
Multiple databases linking various vendor or local government
programs to a statewide system is not sufficient to satisfy
this requirement. The intent of the minimum standard is to
establish one database that is identical and is the same
program throughout the state and local jurisdictions so that
all training can be uniform, all records requirements are
identical, and that the state has full authority for
maintenance and quality matters related to the database. The
intent is also to assure that there are not jurisdictional nor
vendor issues in terms of operability, problem resolution, or
other types of reasons for one part of the system not matching
the other.
It is likely that states will find it necessary to create a
unique identifier to distinguish registered voters who happen
to have the same name and/or birth date. The unique identifier
so created will be used to assure that list maintenance
functions are attributable to the correct voter; so as to avoid
removing registrants who happen to have the same name and birth
date as a felon, for example. States are encouraged to use the
unique identifier to share information with other governmental
offices for purposes such as death certificates, court and tax
records, etc., to assure proper maintenance of voter records,
file integrity, and protection of voter rights. It is the
intent of Congress to encourage the states to develop each
statewide database system in such a manner that it will be
possible at some point in the future for states to share data
between them for the appropriate additions and removal of
voters from their rolls.
(2) The State election system includes provisions to ensure
that voter registration records in the State are accurate and
are updated regularly, including the following:
(A) A system of file maintenance which removes registrants
who are ineligible to vote from the official list of eligible
voters. Under such system, consistent with the National Voter
Registration Act of 1993, registrants who have not voted in 2
or more consecutive general elections for federal office and
who have not responded to a notice shall be removed from the
official list of eligible voters, except that no registrant may
be removed solely by reason of a failure to vote.
(B) Safeguards to ensure that eligible voters are not
removed in error from the official list of eligible voters.
States must ensure that their registration list is accurate
and is updated regularly.Leaving ineligible voters on the rolls
leads to a number of problems. It increases costs as more ballots must
be printed and more mailings must be sent out to voters that have died
or moved away. This is a waste of vital resources that serves no
purpose. One of the most damaging effects of inaccurate rolls is that
they lead to the public perception that the process can be easily
manipulated. When the number of voters on a registration list exceeds a
jurisdiction's voting age population (itself an artificially high
number because it includes non-citizens and person only temporarily in
the jurisdiction), the perception is that the process has no integrity
and accountability. Furthermore, when ineligible voters are left on
rolls indefinitely, it invites fraud. Those who wish to commit fraud
can vote in more than one jurisdiction, or more problematic, cast
multiple votes in the names of those they know are no longer eligible.
A fraudulent vote that nullifies a legal one,
disenfranchises the legal voter as surely as if his or her vote
had never been cast at all. States are therefore obligated to
maintain accurate lists, and thereby minimize the opportunities
for and the incidence of fraud.
The minimum standard requires that removal of those deemed
ineligible must be done in a manner consistent with the
National Voter Registration Act. The procedures established by
NVRA that guard against removal of eligible registrants remain
in effect under this law. Accordingly, H.R. 3295 leaves NVRA
intact, and does not undermine it in any way.
(3) The State permits, by the deadline required under
section 504(b), in-precinct provisional voting by every voter
who claims to be qualified to vote in the State, or has adopted
an alternative which achieves the same objective, except that
this paragraph shall not apply in the case of a State in which,
under law in effect continuously on and after the date of the
enactment of this Act, all votes in the State in general
elections for Federal office are cast by mail.
The Committee spent considerable time and energy learning
about in-precinct provisional voting. In spite of the statewide
registration system and file maintenance requirements, there
will still be some instances where a voter who is qualified to
vote does not appear on the registration list when they present
themselves to vote.
In-precinct provisional voting enables people whose
eligibility is in doubt to vote in their precinct, without
having to travel somewhere else to swear they are eligible to
vote, and have their registration verified in the days
following an election. The Committee believes provisional
voting is necessary to the administration of a fair,
democratic, and effective election system, and represents the
ultimate safeguard to ensuring a person's right to vote. For
these reasons, the Committee has included it in the bill. Under
the bill, in-precinct provisional voting will be required in
every jurisdiction except states that have or plan to adopt an
alternative which achieves the same objective, such as same-day
registration or voting-by-mail.
Studies of the nation's election system find that a
significant problem voters experience is to arrive at the
polling place believing that they are eligible to vote, and
then to be turned away because the election workers cannot find
their names on the list of qualified voters.
There are at least eight reasons this occurs:
1. Voters may be turned away because of administrative
errors. Poll workers may overlook their names or not match them
up with a different spelling. In most jurisdictions, poll
workers work from printed lists of voters produced for each
precinct. Staff in the offices that produce these lists can
make clerical errors.
2. Poll workers may overlook a voter's name on the precinct
roster, or may not be aware that the voter is listed on a
supplemental roster containing the names of voters who
registered shortly before the election.
3. Voters may have their names improperly removed from the
voting rolls.
4. Voters may appear at the wrong precinct because they did
not receive, or received but did not heed, a notice that their
polling place had moved.
5. Motor-vehicle departments or social-service agencies
that are supposed to make registration applications available
to clients may improperly handle the applications or fail to
forward them to proper election officials in a timely manner.
6. Voters may fail to notify their registrar, or fail to
re-register, after a change of address.
7. Well-intentioned organizations seeking to register
voters may mishandle registration materials.
8. Otherwise qualified citizens may simply fail to
register.
Whatever the cause, eligible citizens may believe they have
registered. Unfortunately, when they subsequently attempt to
vote, they are not on the list. In-precinct provisional voting,
or an alternative which achieves the same objective, such as
same-day registration (currently used by Idaho, Maine, New
Hampshire, Wisconsin, Wyoming, and Minnesota); voting-by-mail
(used by Oregon and Washington State); or no voter registration
requirement (North Dakota), can solve this problem.
In-precinct provisional voting has four key advantages:
1. Legally qualified voters are no longer turned away at
the polls.
2. In-precinct provisional voting limits the ability of
states to impose extra hurdles that may have the effect of
deterring the use of provisional voting. For example,in
Pennsylvania, voters whose names do not appear on the precinct rosters
are required to travel to police stations to see an election judge, who
determines whether or not they have the right to vote. Voters must then
return to the polling location in order to cast their votes. Many
voters, who are faced with the choice of traveling to the police
station or leaving, ultimately do not vote either because they are
intimidated by going to a police station or because it is logistically
difficult or inconvenient.
3. Voter participation is easier and more efficient, as
poll workers can provide an option to voters who may be angry
or frustrated by their absence from the registration list.
These often ill-trained and low-paid temporary workers do not
have to research or resolve cases on the spot, while other
voters impatiently wait in line. Nor are more senior election
officials tied down in resolving such questions during Election
Day.
4. Voter registration becomes more accurate. The process
becomes another way to amend registrations for people who
evidently wish to vote. Officials can detect and correct
mistakes and the research process, by helping senior
administrators notice which problems are causing the mistakes,
thus can help many other current and potential voters.
(4) The State has adopted uniform standards that define
what will constitute a vote on each category of voting
equipment certified for use in the State.
Requiring states to have a uniform standard for what
constitutes a vote will ensure that voters receive the equal
protection of the laws with respect to the counting of their
ballots. Votes should be counted using objective standards put
in place before an election contest. Whether or not a vote is
counted should not depend on where a voter happens to live, nor
should it depend on varying subjective interpretations of state
laws by local election officials. Similarly marked ballots
should not be discarded in one jurisdiction, but counted in
another.
As Americans learned in November and December 2000, a major
part of the problem in Florida was that the vote-counting
process was subjective and inconsistent, with definitions of
what constitutes a vote varying from jurisdiction to
jurisdiction. The United States Supreme Court found such a
standardless process to be a violation of the Equal Protection
Clause of the Constitution.
As the Committee discovered, Florida is not alone. Most
states do not prescribe a standard for election officials to
follow in recounting votes. Amorphous statutory references to
the ``intent of the voter'' invite still more confusion and
ambiguity. ``Intent of the voter'' is not a standard but rather
a subjective judgment, virtually guaranteeing litigation. It is
unfair to voters, to candidates and to democracy.
The crux of the problem is that all systems that rely on
individual ballots inherently raise questions as to whether a
particular configuration is or is not a ``vote.'' Such systems
include traditional paper ballots, punch card ballots, connect
the arrow ballots, or optical scan ballots, all of which the
voter must alter in some manner to create a vote. Lever systems
and DRE machines do not create a ballot with voter marks;
therefore, there is no particular mark available to review.
Because every vote properly cast must be counted, and
recounts are routinely conducted to make certain that all
ballots have been properly counted, the Committee believes that
uniform standards for what constitutes a vote must be adopted
by all states. The definition of a vote shall be as objective
as possible and spelled out in clear language before Election
Day.
(5) The State has implemented safeguards to ensure that
absent uniformed services voters (as defined in section 107(1)
of the Uniformed and Overseas Citizens Absentee Voting Act) and
overseas voters (as defined in section 107(5) of such Act) in
the jurisdiction have the opportunity to vote and to have their
votes counted.
States must implement safeguards to ensure that absent
uniformed service personnel and overseas voters have the
opportunity to vote and have their votes counted. Those serving
in our military and citizens living abroad face many hurdles
when it comes to registering, receiving ballots and casting
them timely. States must take action to ensure that these
voters have the opportunity to vote and have their votes
counted. States need to recognize the difficulties faced by
these voters, and take steps to see that their votes are
counted. (See below for additional provisions affecting these
voters).
(6) The State requires new voting systems to provide a
practical and effective means for voters with physical
disabilities to cast a secret ballot.
Advancements in technology make it possible for voters with
physical disabilities to cast a secret ballot. New systems
should strive to make it possible for voters with physical
disabilities to cast secret ballots. (See below for additional
provisions affecting these voters).
(7) If the State uses voting systems which give voters the
opportunity to correct errors, the State shall ensure that
voters are able to check for and correct errors under
conditions which assure privacy. States, and units of local
government within the States, replacing all voting machines
within their jurisdiction shall ensure that the new voting
system gives voters the opportunity to correct errors before
the vote is cast.
In the 2000 presidential election, nearly two million
voters, 2% of those who went to the polls, either did not mark
their ballot, or marked it in a way that no vote was counted in
the presidential contest. Election experts call these votes in
which no choice is counted ``residual votes.'' These millions
of voters either spoiled their ballots by
``overvoting''(appearing to vote for more than one candidate), or by
``undervoting'' (they marked their choice in a manner that could not be
counted, or they marked no choice at all). Of course, an undervoted
ballot is not necessarily ``spoiled''. Millions of voters intentionally
do not vote in certain contests for various reasons, complicated the
task of determining voter rates.
As the Committee learned in our June hearing, the consensus
among engineers, computer scientists, and political scientists
who study election systems is that the number of residual votes
and the rate of voter error are greatly affected by the kind of
equipment that is used. According to one expert who testified
before the Committee on what is known as ``human usability
studies,'' predictably high levels of user error are evidence
of system failure, flawed instructions, or faulty system
design.
Whatever the specific causes for residual votes, the fact
remains that some votes go uncounted because voters have no
opportunity to detect and correct errors before they cast their
ballots. Fortunately, there are voting systems available that
permit voters to correct ballots in the precinct before they
are cast.
The bill will ensure that as jurisdictions scrap obsolete
voting systems, they replace them with systems that have the
capability to detect errors, for poll site voting (the
provisions for second chance voting cannot currently be applied
to absentee or mail balloting since the ballot and the voter
are separated before counting). To be sure, this provision will
not instantly mandate that all machines in all polling places
by a date certain have a second-chance voting capability. The
Committee seriously explored the proposal to require all
200,000 jurisdictions nationwide to have second-chance voting
by 2004 or, at the latest, 2006. Jurisdictions that failed to
meet the deadline would be subject to suite in federal court.
As the Committee learned more about the production capability
of the voting machine industry, the timelines and procurement
processes counties and states must go through to award
contracts to voting-machine vendors, and the huge costs
involved, the Committee decided that an aggressive deadline
might cause more serious problems than it would solve. One
disturbing possibility was that jurisdictions that could not
meet the deadline, most likely poorer ones, might have their
election systems shut down or seriously disrupted during an
election while other jurisdictions in the state, most likely
affluent ones, that met the deadline could proceed with their
elections. The Committee was hard-pressed to imagine a more
chilling 14th Amendment problem than this, where some eligible
voters in a state could exercise the franchise while others
could not.
As to whether the term ``error'' means overvote, undervote,
or something else, the Committee referred to the findings of
the National Commission on Federal Election Reform, commonly
known as the ``Ford-Carter Commission.'' The Commission's
definition of ``error'' is set forth in the accompanying
document.
As already noted, many voters intentionally do not vote in
every race. The purpose of second chance technology is to
provide voters information about their ballot. Voter privacy is
an important right that must be protected. While voters should
have the opportunity to verify the accuracy of their ballot,
they should not be forced to do so under the scrutiny of a poll
worker. Once a voter is satisfied of the accuracy of their
ballot, it is not the roll or responsibility of a poll worker
to inquire as to the voters intent.
Poll workers should, upon request, be available to provide
assistance to voters, but voters should not be prompted by poll
workers, or have to explain to poll workers why they have not
voted in a certain race. The bill ensures voter privacy, by
requiring that jurisdictions whose machines have second chance
technology must ensure that voters are able to check for and
correct errors on their ballots under conditions which assure
privacy.
MILITARY AND OVERSEAS VOTERS
Those who serve in our military, and citizens living
abroad, face peculiar hardships when attempting to vote.
Relatively simple things like applying for and transmitting
ballots can become a very difficult and lengthy process for
these voters. Steps must be taken to protect the rights of
these citizens. Military voters risk their very lives in
defense of this country. We must repay them by doing everything
possible to see that they are able to vote and have their votes
counted.
A recent report by the General Accounting Office revealed
that over 40% of the installations they visited had not
assigned voting assistance officers. The Department of Defense
must make certain that a sufficient number of voting assistance
officers are assigned, and that those who are assigned are
doing their duties. H.R. 3295 requires the Secretary of Defense
to certify to Congress that, at a minimum, a voting assistance
officer has been assigned to every installation and major
command.
The bill also makes voter registration forms available to
service personnel at the time of enlistment, reenlistment or
extension of enlistment, to make it easier for them to
register. The Secretary of Defense must also ensure that all
ballots are properly postmarked, or marked with some other
official mark, so that state officials can determine when the
ballot left the voter's hands.
States are also required to designate a single point of
contact for those in the service and living abroad, to make it
easier for them to obtain needed information about elections,
registration and voting.
The bill contains a number of the key provisions of the
Uniformed and Overseas Citizen Absentee Voting Reform Act of
2001, H.R. 1997, which will help remove existing obstacles to
absentee voting now confronting members of our armed services
and overseas voters. Those obstacles contributed to the
appallingly high level of rejected ballots in Florida and to
the inability to vote of many others who wished to do so.
Similarly, the provision requiring the collection and
publication of statistics on overseas voting by the states will
fill one of the most serious gaps in our ability to monitor the
adequacy of the overseas absentee voting regime. For the first
time, we will all have thesame information about voting access
for overseas voters that we now have routinely for voters at home.
accessibility standards and voting rights of persons with disabilities
Sections 102, 112, 221, 233 and 501 and Compliance with the Americans
with Disabilities Act and the Voting Accessibility for the
Elderly and Handicapped Act
In this bill, the Committee reaffirms that public entities,
such as States and localities and their responsible officials,
must comply to the extent required by law with the Americans
with Disabilities Act (ADA) and the Voting Accessibility for
the Elderly and Handicapped Act (VAEHA).
The committee bill will enhance compliance with the ADA and
VAEHA by enlisting a range of officials in the process of
regulating accessibility problems and solutions. For example,
the bill requires that the chief election official of each
State certify the State's compliance with the applicable
provisions of the ADA and the VAEHA, and requires that
recipients of election funds provide assurance of compliance
with such laws as a condition of their acceptance of federal
money.
Section 903 and preservation of existing law
Section 903 expressly provides that noting in the bill will
supersede, restrict, or limit the application of the VAEHA, the
ADA, the Voting Rights Act or the National Voting Registration
Act, nor will it authorize or require any conduct prohibited
under any of these laws. Thus, the bill continues unchanged--
the role of the Department of Justice (DOJ) as the agency
responsible for authoritatively construing the ADA and
promulgating regulations.
Voluntary accessibility standards in sections 221 and 222
The Committee bill creates mechanisms for providing States
and localities with technical guidance about improving
accessibility through the adoption of voluntary standards by
the Election Assistance Commission. The Committee expects that
the voluntary standards will offer examples of achievable
methods for ensuring accessibility. One example might include
the moving of a polling place from an inaccessible historic
library building to an accessible city hall building nearby.
These voluntary standards to be issued by the Commission
would not, however, replace accessibility regulations and
technical assistance provided by the DOJ for individuals with
disabilities. Rather, these standards must be consistent with
DOJ's regulations, and not serve as authorization for a level
of accessibility lower than required by the regulations. In
fact, this need for harmonious standards is the reason the bill
directs the Commission to consult with the Architecture and
Transportation Barrier Compliance Board in developing its
voluntary standards.
If a state accepts election fund payments, the bill
requires the state to certify its compliance with the voluntary
standards for voting systems. This means that a state which
accepts funds will be bound by at least two independent sources
of law: the state's contractual duty to comply with the
Commission's standards for voting systems, and the state's
statutory duty to comply with the ADA. While the Committee
anticipates that the Commission will take great care to create
voluntary standards in a manner that conforms to existing law,
compliance with the Commission's standards cannot provide any
``safe harbor'' against liability under the ADA or other
applicable laws.
Eligibility for election assistance funding under section 233
One of the eligibility requirements for election assistance
funding is that there must be at least one voting system
available in each precinct or polling place that is fully
accessible to individuals with disabilities. This means that if
a State accepts any election assistance funding, the State is
required to purchase a fully accessible voting system for each
precinct or polling place that does not already have such a
Summary
TITLE I--PUNCH CARD VOTING MACHINES
Subtitle A--Replacement of Machines
Sec. 101. Establishment of program
Provides for a one-time payment, through the General
Services Administration, to State or local government to
replace punch card voting systems with other kinds. Requires
recipients to obligate funds by the November 2002 Federal
election and complete replacement by the 2004 election, but
deadlines may be extended two years if approved by the Election
Assistance Commission established in Sec. 201.
Sec. 102. Eligibility
Requires that State applications include assurances that
the State will use the payment to replace punch card systems
used in the 2000 election, continue to comply with the Voting
Accessibility for the Elderly and Handicapped Act and Americans
With Disabilities Act,and provide for alternative language
accessibility as required by the Voting Rights Act and other laws.
Permits a local government to apply if the State does not,
is ineligible, or will not use the payment to replace punch
card systems. Requires that the application include similar
assurances as those required of States.
Sec. 103. Amount of payment
Sets payment at 90% of replacement cost, or 95% for
precincts where per capita income is within the lowest quartile
for the United States, with a maximum of $6,000 times the
number of precincts using punch card systems in the
jurisdiction during the 2000 election.
Sec. 104. Audit and repayment of funds
Makes payments subject to audit. Requires recipients that
fail to meet deadlines to return the funds unless granted a
waiver.
Sec. 105. Punch card voting system defined
Defines punch card voting systems to include C.E.S.,
Datavote, PBC Counter, Pollstar, Punch Card, Vote Recorder, and
Votomatic.
Subtitle A--Enhancing Performance of Existing Systems
Sec. 111. Establishment of program
Provides for a one-time payment, through the General
Services Administration, to State or local governments to
enhance performance of punch card voting systems, with
deadlines as in Sec. 101.
Sec. 112. Eligibility
Similiar to Sec. 102, except funds used for enhancement
rather than replacement of systems; also, jurisdictions may not
participate in both programs.
Sec. 113. Amount of payment
Similar to Sec. 103 except maximum is $2,000 times the
number of covered precincts.
Sec. 113. Audit and repayment of funds
Makes payments subject to audit. Requires recipients that
fail to meet deadlines to return the funds.
Subtitle C--General Provisions
Sec. 121. Authorization of appropriations
Authorizes appropriations of $400 million, to remain
available until expended. Repaid or unobligated funds will be
transferred to the Election Assistance Commission.
TITLE II--COMMISSION
Subtitle A--Establishment and General Organization
Part I--Election Assistance Commission
Sec. 201. Establishment
Creates an independent executive branch agency called the
Election Assistance Commission.
Sec. 202. Duties
Stipulates that the Commission will serve as a national
clearinghouse and resource on the administration of Federal
elections as described in this title and title III.
Sec. 203. Membership and appointment
Requires that the four Commission members have election-
related experience or expertise and that they be appointed by
the President with the consent of the Senate, with one member
each chosen from nominees submitted by the President Pro
Tempore of the Senate, the Senate minority leader, the Speaker
of the House of Representatives, and the House minority leader.
Establishes staggered four-year terms for members,
renewable once, and prohibits members from being officers or
employees of the Federal government while serving. Requires
members to select a chair and vice chair from different
political parties.
Sets a commissioner's salary at $30,000, plus travel
expenses, and permits outside employment.
Sec. 204. Staff
Creates position of Executive Director to be appointed by
the Commission for a four-year renewable term and permits that
person to appoint additional staff and use outside experts.
Requires staff to consult with the two boards established in
this title.
Sec. 205. Powers
Empowers the Commission to hold hearings, take testimony,
receive evidence, let contracts, obtain information from
Federal agencies and support from the General Services
Administration, and to use the mails as do other Federal
agencies.
Sec. 206. Limitation on rulemaking authority
Prohibits the Commission from imposing requirements on
State or local governments except as permitted under the
National Voter Registration Act.
Sec. 207. Authorization of appropriations
Authorizes a maximum appropriation of $10 million per year
through FY2004.
Part II--Election Assistance Commission Standards Board and Board of
Advisors
Sec. 211. Establishment
Creates a Standards Board and a Board of Advisors under the
Election Assistance Commission.
Sec. 212. Duties
Requires that the two boards review the standards described
in this title.
Sec. 213. Membership of Standards Board
Sets membership at 110, to include, from each State, the
chief election official and a local election official chosen by
peers in the State, with no two members from a State to be from
the same political party.
Requires board to select a nine-member Executive Board,
with no more than five to be chief election officials, local
election officials, or from the same party. Sets two-year
staggered terms with a maximum of two consecutive renewals.
Sec. 214. Membership of Board of Advisors
Sets membership at 25, two each appointed by the U.S.
Commission on Civil Rights; the Architectural and
Transportation Barrier Compliance Board; the National Governors
Association; the National Conference of State Legislatures; the
National Association of Secretaries of State; the National
Association of State Election Directors; the National
Association of Counties; the National Association of County
Recorders, Election Administrators, and Clerks; the U.S.
Conference of Mayors; the Election Center; and the
International Association of County Recorders, Election
Officials, and Treasurers; with the Speaker of the House and
the Senate majority leader each appointing one professional in
science and technology; and with the chief of the Office of
Public Integrity of the Department of Justice or designee also
a member. Requires bipartisan, geographically diverse appoints.
Sets two-year, renewable terms. Requires election of a
chair from among the members.
Sec. 215. Powers of boards; no compensation for service
Empowers each board to hold hearings, take testimony, and
receive evidence, obtain information from Federal agencies and
support from the General Services Administration, and to use
the mails as do other Federal agencies. Prohibits issuance of
subpoenas. Requires each board to meet at least yearly to vote
on standards, and the Standards Board to meet at least every
two years to select the Executive Board. Prohibits compensation
of board members, but permits payment of travel expenses.
Sec. 216. Status of boards and members for purposes of claims against
board
Applies provisions of 28 U.S.C., Chapters 161 and 171, with
respect to liability of boards and members, with an exception
for criminal acts and other willful misconduct.
Subtitle B--Voluntary Election Standards
Sec. 221. Development of voluntary election standards
Requires the Commission, in consultation with the two
boards, to develop and adopt voluntary voting system standards,
accessibility standards, and election management standards, and
update them at least every four years.
Requires that the voting system standards include security,
certification and decertification procedures, usability
assessment, and operational guidelines; provide for error
correction by voters; include for each certified system what is
proposed to constitute a vote; and provide that certified new
systems permit voters with disabilities to cast a secret
ballot.
Requires the Commission to serve as a clearinghouse of
information on experiences of State and local governments in
implementing the standards and in operating voting systems; and
to make available to the public studies on certain specified
issues in election administration, information on the Federal
election system, election results, and information concerning
issues relating to Federal, State, and local elections.
Requires consultation with the Compliance Board and other
experts with respect to accessibility standards, and that the
election management standards address the treatment of
uniformed and overseas voters, in consultation with the
Secretary of Defense.
Requires the Commission to provide for voluntary testing,
certification, decertification, and recertification of voting
systems; to advise State and local governments on complying
with Federal laws regarding accessibility of registration and
polling places; to carry out the provisions of the National
Voter Registration Act regarding voter registration by mail;
and to assist State officials in review of Federal election
procedures.
Sec. 222. Technical Standards Development Committee
Establishes a 15-member Technical Standards Development
committee, to recommend voting system standards and
modifications, to be chaired by the Director of the National
Institute of Standards and Technology (NIST), and with members
appointed jointly by the Director and the Commission and drawn
from the Standards Board, the Board of Advisors, the Compliance
Board, the American National Standards Institute, and other
persons with relevant scientific and technical expertise.
Requires NIST to provide technical support.
Prohibits compensation of members, but permits payment of
travel expenses.
Requires, when the Commission adopts any standard,
publication of corresponding recommendations of the Development
Committee in the Federal Register.
Sec. 223. Process for adoption of voluntary standards
Requires the Executive Director of the Commission to take
recommendations of the Development Committee into account in
developing standards, and for the two boards to review the
proposed standards, with majority vote of the Commission
required for adoption.
Sec. 224. Certification and testing of voting systems
Requires that testing and certification of voting systems
be performed by nonfederal laboratories accredited by the
Commission, from a list of candidates submitted by the Director
of NIST, who will also monitor and review laboratory
performance and, when appropriate, make recommendations to the
Commission regarding continuing accreditation.
Sec. 225. Dissemination of information
Requires the Commission to disseminate to the public--via
the Internet, published reports, and other means--information
on the standards and guidelines for applying them, the list of
accredited laboratories, a list of certified voting system
hardware and software, and other activities carried out under
this subtitle.
Subtitle C--Election Assistance
Part 1--Election Fund Payments to States for Voting System Improvements
Sec. 231. Election fund payments to States for voting system
improvements
Requires the Commission to make payments to qualifying
States to improve the administration of elections.
Sec. 232. Allocation of funds
Sets the size of payment to a State at the greater of
either a percentage of the total amount appropriated for that
year, based on the size of the voting age population in that
State as compared to the total for all States; or 0.5 percent
of the total appropriated, except 0.1 percent for Puerto Rico,
Guam, American Samoa, or the U.S. Virgin Islands.
Sec. 233. Conditions for receipt of funds
Requires a State, to be eligible, to certify that it has
established an Election Fund, provided a 25 percent match, and
set benchmarks for voting system performance; complies with the
voluntary voting system standards and certification processes
described in subtitle B or has established statutory standards
that provide for error correction by voters and for auditing of
ballots; provides one or more fully accessible voting systems
in each precinct; complies with Federal voting rights law; and
provides for voter education and training of poll workers and
personnel involved in voter registration. Also requires the
State to certify that the Federal share will not supplant
existing State funds. Gives States discretion to choose the
method of compliance
Sec. 234. Authorization of appropriations
Authorizes appropriations totaling $2.25 billion through
FY2004.
Part 2--Grants for Research on Voting Technology Improvements
Sec. 241. Grants for research on voting technology improvements
Establishes a grant program to be administered by the
Commission for research and development to improve election
systems and technology. Requires applicants to assure that
funded activities will take accessibility needs into account.
Applies 18 U.S.C. 35 with respect to patent rights.
Sec. 242. Report
Requires submission of a report describing activities under
the grant.
Sec. 243. Authorization of appropriations
Authorizes appropriations of $20 million for FY 2002.
Part 3--Pilot Program for Testing of Equipment and Technology
Sec. 251. Pilot program
Establishes a grant program to be administered by the
Commission to implement new voting technologies on a trial
basis. Requires applicants to assure that the funded activities
will take accessibility needs into account.
Sec. 252. Report
Requires submission of a report describing activities under
the grant.
Sec. 253. Authorization of appropriations
Authorizes appropriations of $10 million for FY2002.
Part 4--Miscellaneous
Sec. 261. Role of National Institute of Standards and Technology
Requires the Director of NIST to submit annually to the
Commission a list of suggestions for issues to be addressed by
the grant programs, review grant applications, monitor grant
activities and recommend modifications as necessary, and
evaluate completed grants. Also requires the Director to
establish an intramural research and development program within
NIST to support the development of voluntary technical
standards.
Sec. 262. Reports
Requires submission of an annual report to Congress by the
Commission and a report on the application of human factors
research to voting systems.
Sec. 263. Audit
Provides for the Commission to audit recipients of funds
and requires that each program established under the subtitle
be audited at least once during its lifetime.
TITLE III--HELP AMERICA VOTE COLLEGE PROGRAM
Sec. 301. Establishment of program
Requires the Commission to establish the ``Help America
Vote Program,'' with the purpose of encouraging students at
colleges, universities, and community colleges to serve as
nonpartisan poll workers or assistants and to encourage State
and local governments to use students in that capacity.
Sec. 302. Activities under program
Requires the Commission, in consultation with chief State
election officials, to develop materials, sponsor seminars and
workshops, advertise the program to students, make grants,
assist any institution that wishes to participate, and take
other appropriate actions. Limits grants to nonpartisan
undertakings that do not promote a point of view or an issue.
Sec. 303. Authorization of appropriations
Authorizes appropriations of $5 million for FY2002 and sums
necessary thereafter.
TITLE IV--HELP AMERICA VOTE FOUNDATION
Sec. 401. Help America Vote Foundation
Amends Part B of subtitle II of 36 U.S.C. to establish the
federally chartered Help America Vote Foundation to mobilize
secondary school students to participate as nonpartisan poll
workers and assistants, and to establish cooperative efforts
with election officials, local educational agencies, public and
private school officials, and other appropriate nonprofit
organizations.
Requires the foundation to act without partisan bias or
promotion of any particular point of view and to consult with
the chief State election officials.
Establishes a 12-member board of directors with four
appointed by the President (not more than two from the same
political party), two by the Speaker of the House of
Representatives, two by the House minority leader, two by the
Senate majority leader, and two by the Senate minority leader,
and with the chairs and ranking Members of the House
Administration Committee and the Senate Rules and
Administration Committee as ex officio, nonvoting members.
Sets the term of office at four years and stipulates that
members are not employees of the Federal government. Prohibits
compensation of board members, but permits payment of travel
expenses. Restricts personal liability of members to gross
negligence.
Requires the board to meet at least yearly and to select a
member as chair, who shall not hold or have held any partisan
elected office or national political-party committee office.
Permits the board to appoint and remove officers and
employees of the foundation and stipulates that they are not
employees of the Federal government except as otherwise
provided in this chapter.
Grants the foundation such powers as necessary to carry out
this chapter and also the usual powers of a corporation acting
as a trustee in the District of Columbia, where the foundation
will be located. Permits it to conduct business throughout the
United States. Requires the foundation to have a designated
agent to receive service of process for it.
Permits the foundation to accept gifts, devises, and
bequests for its benefit and to let contracts. Also permits it
to sponsor an annual conference to honor persons who have
served as poll workers or participated in foundation programs
and activities.
Requires an annual audit by an independent auditor.
Permits the Attorney General to bring a civil action for
relief for behavior by the foundation that is inconsistent with
the purposes designated in this title.
Excludes the U.S. government from any liability or
obligation incurred by the foundation.
Authorizes $5 million for FY 2002 and such sums as
necessary thereafter.
TITLE V--MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
Sec. 501. Minimum standards for State election systems
Requires each State to certify to the Commission that it is
in compliance with the Voting Rights Act of 1965, the National
Voter Registration Act of 1993, the Uniformed and Overseas
Citizens Absentee Voting Act, the Voting Accessibility for the
Elderly and Handicapped Act, and the Americans With
Disabilities Act of 1990; and that it has, by statute,
established standards for its election systems as described in
this title. Gives States discretion to choose the method of
implementation.
Sec. 502. Standards described
Sets minimum standards, to include a statewide, networked
voter registration system in States requiring registration;
provisions to ensure accurate, updated registration records;
in-precinct provisional voting; uniform standards for what
constitutes a vote for each certified voting system; safeguards
for voting by uniformed and overseas voters; requirements that
new voting systems provide for voters with physical
disabilities to cast a secret ballot; and requirements that new
voting systems give voters the opportunity to correct errors
under conditions which assure privacy.
Sec. 503. Enforcement
Requires the Commission to notify the Attorney General if a
State fails to comply, and authorizes the Attorney General, if
so notified, to bring a civil action to remedy the violation.
Sec. 504. Effective date
Sets effective date for the provisional voting standard at
the November 2002 Federal election and for other provisions in
the title at two years from enactment, but permits an extension
to the November 2004 Federal election.
TITLE VI--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS
Sec. 601. Voting assistance programs
Amends 10 U.S.C. Chapter 80 to require the Secretary of
Defense to ensure compliance by the military services with the
Federal Voting Assistance Program and any similar programs.
Requires the Inspector General of each service to conduct
an annual review of the effectiveness of and compliance with
the programs and to submit the review to the Inspector General
for the Department of Defense (DOD), who will prepare an annual
report to Congress. Requires the DOD Inspector General to
conduct, at 10 or more installations each year, periodic,
unannounced assessments of compliance with requirements of law
regarding voting by members of the armed forces.
Requires the secretary of each military department to
assess compliance as part of installation review or inspection,
and to certify to Congress that, for each installation and
major command, a voting assistance officer, has been appointed
and given the time and resources to perform voting assistance
duties. Also requires the secretaries to specify the number of
voting action officers appointed and the ratio of voting action
officers to active duty members, to assess compliance of those
numbers with requirements, and to describe the training that
voting action officers receive.
Requires the secretaries to ensure that members of the
military and their dependents have access to information on
voter registration and absentee ballot requirements and
deadlines. Requires that each person who enlists, reenlists, or
completes a permanent change of station receive the national
voter registration form.
Requires the secretaries, through voting assistance
officers, to provide notice to members of the armed forces of
the last date before a general election for which ballots
mailed at the facility can be expected to be delivered in a
timely fashion to State and local election officials.
Requires the Secretary of Defense to ensure that voting
materials are transmitted expeditiously, to conduct periodic
surveys of mail shipments at all overseas locations and vessels
at sea during the four months preceding an election, and to
implement measures to ensure that a postmark or other proof of
mailing date is provided on each absentee ballot.
Sec. 602. Designation of single State office to provide information on
registration and absentee ballots for all voters in State
Amends the Uniformed and Overseas Citizens Absentee Voting
Act (UOCAVA) to require each State to designate a single office
to provide information to members of the armed services
concerning absentee registration and voting in the State.
Recommends that the office be responsible for carrying out
duties under this Act.
Sec. 603. Report on absentee ballots transmitted and received after
general elections
Requires that after a Federal election, States submit a
public report to the Commission on the number of absentee
ballots transmitted to absent uniformed services and overseas
voters and the number returned and cast in the election.
Requires the Commission to develop a standardized format for
such reports.
Sec. 604. Simplification of voter registration and absentee ballot
application procedures for absent uniformed services and
overseas voters
Amends UOCAVA to require States to accept the post card
form as a simultaneous voter registration and absentee ballot
application, and to require that an absentee ballot application
pertain to all elections for Federal office held in the State
during that year, if the applicant so requests. Requires the
Presidential designee for UOCAVA to revise the official post
card form to enable a voter to request an absentee ballot
either for each Federal election held in a State during a year
or for only the next schedules Federal election.
Sec. 605. Additional duties of presidential designee under Uniformed
and Overseas Citizens Absentee Voting Act
Amends UOCAVA to require the Presidential designee to
ensure that State officials are aware of the requirements of
that Act, and to prescribe a standard oath regarding perjury in
completion of a document required under the title. Requires
States to use the standard oath if the State requires an oath
or affirmation for any voting document.
Amends UOCAVA to require separate statistical analysis for
overseas voters and absent uniformed services voters.
Sec. 606. Use of Buildings on Military Installations and Reserve
Component Facilities as Polling Places
Amends 10 U.S.C. 2670 and 18235; 18 U.S.C. 592 and 593; and
42 U.S.C. 2003 to permit the secretary of a military department
to make a building located on a military installation available
for use as a polling place, in any Federal, State, or local
election, for eligible voters who reside on that military
installation. Requires that such a polling place continue to be
available for subsequent elections unless the secretary
provides appropriate advance notice to State and local
officials of the reasons why it will not.
TITLE VII--REDUCED POSTAGE RATES FOR OFFICIAL ELECTION MAIL
Sec. 701. Reduced postage rates for official election mail
Amends 39 U.S.C. 3629 to establish a postage rate of 50% of
the regular first-class rate for any State and local official
election mail.
TITLE VIII--TRANSITION PROVISIONS
Subtitle A--Transfer to Commission of Functions Under Certain Laws
Sec. 801. Federal Election Campaign Act of 1971
Amends section 311 (a) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 438 (a)) Transfers to the Commission, upon
appointment of all members, all functions of the Office of
Election Administration of the Federal Election Commission.
Sec. 802 National Voter Registration Act of 1993
Amends section 9(a) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-7(a)). Transfers to the Commission
all functions that the Federal Election Commission exercises
under the National Voter Registration Act.
Sec. 803. Transfer of property, records, and personnel
Transfers to the Commission all personnel, contracts,
liabilities, records, property, and other assets or interests
of the offices and functions of the Federal Election Commission
that are transferred by this subtitle.
Sec. 804. Effective date; transition
Requires that this title take effect upon the appointment
of all members of the Commission, which is authorized to
utilize services from the entities from which functions will be
transferred as needed for an orderly transfer.
Subtitle B--Coverage of Commission Under Certain Laws and Programs
Sec. 811. Treatment of commission personnel under certain civil service
laws
Amends 5 U.S.C. 7323(b)(2)(B)(i)(I) and 3132(a)(1)(C) to
specify that Commission personnel are covered by the Hatch Act
and that the Commission is excluded from the Senior Executive
Service.
Sec. 812. Coverage under Inspector General Act of 1978
Amends section 8G(a)(2) of the Inspector General Act of
1978 (5 U.S.C. App.) to provide for coverage under that Act.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. State defined
Defines State to include the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, and the
United States Virgin Islands.
Sec. 902. Miscellaneous provisions to protect integrity of election
process
Amends the National Voter Registration Act of 1993 to
clarify the ability of election officials to remove from the
voter registration list the name of an individual who has not
voted in two or more consecutive general elections for Federal
office and who has not notified the registrar of an intent to
remain registered in the registrar's jurisdiction or who has
not responded to a notice from the registrar of voters. Amends
18 U.S.C. 594 to prohibit poll workers from intimidating,
harassing, or coercing voters to cast votes for every office on
the ballot, but not from providing information to a voter who
requests assistance.
Sec. 903. No effect on other laws
Stipulates that nothing in the Act authorizes or requires
conduct prohibited by the Voting Rights Act of 1965, the
National Voter Registration Act of 1993, or the Americans With
Disabilities Act of 1990; or may be construed to supersede,
restrict, or limit those Acts or the Voting Accessibility for
the Elderly and Handicapped Act.
Committee Consideration of the Legislation
introduction and referral
On November 14, 2001, Mr. Ney, Mr. Hoyer, Mr. Blunt and Mr.
Fattah introduced H.R. 3295, which was referred to the
Committee on House Administration, the Committee on the
Judiciary, the Committee on Armed Services, the Committee on
Government Reform and the Committee on Science
hearings
The Committee on House Administration held four hearings on
election reform in the first session of the 107th Congress.
On April 25, 2001, the Committee held the first hearing on
Election Reform.
Members present: Mr. Ney, Mr. Ehlers, Mr. Mica, Mr. Linder,
Mr. Reynolds, Mr. Hoyer, Mr. Fattah, Mr. Davis.
Witnesses: J. Kenneth Blackwell, Secretary of State, Ohio;
Sharon Priest, Secretary of State, Arkansas; Katherine Harris,
Secretary of State, Florida; Rebecca Vigil-Giron, Secretary of
State, New Mexico; Ron Thornburgh, Secretary of State, Kansas;
Martin Stephens, Speaker of the Utah House of Representatives;
John Adams Hurson, Majority Leader, Maryland House of
Delegates; Kenneth Mayfield, Commissioner, Dallas County,
Texas; Deborah Phillips, President--The Voting Integrity
Project; Kristen Cox, National Federation of the Blind; Hilary
Shelton, Director NAACP Washington Bureau; Dennis Duggan,
American Legion.
On May 10, 2001, the Committee held its second hearing on
Election Reform.
Members present: Mr. Ney, Mr. Ehlers, Mr. Mica, Mr.
Reynolds, Mr. Hoyer, Mr. Davis.
Witnesses: Doug Lewis, Director--The Election Center; Conny
McCormack, Los Angeles County Registrar-Recorder/County Clerk;
Connie Schmidt, Election Commissioner, Johnson County, Kansas;
Carolyn Jackson, Administrator of Elections, Hamilton County,
Tennessee; Pam Iorio, Supervisor of Elections, Hillsborough
County, Florida; Linda Lamone, Administrator, Maryland State
Administrative Board of Election Laws.
On May 17, 2001, the Committee held its third hearing on
Election Reform.
Members present: Mr. Ney, Mr. Ehlers, Mr. Linder, Mr.
Hoyer, Mr. Fattah, Mr. Davis.
Witnesses: Tom Davis, Managing Member, iPaper/Diversified
Dynamics; William F. Welsh III, Chairman, Election Systems and
Software; Brian O'Conner, Executive Vice President, Global
Election Systems, Inc.; David E. Hart, Chairman, Hart
InterCivic, Inc.; Richard Caruso, Chairman, Shoup Voting
Solutions; Marlene Duffy Young, Regional Marketing
Representative, Unilect; James Minadeo, Product Manager,
Avante; Scott Faibaron, Regional Sales Manager, Envox (US)
Ltd.; Mark Strama, Vice President, Public Elections,
election.com; David Chaum, Founder, SureVote; Ralph Munro,
Board of Directors, VoteHere; Dennis Vadura, CEO, Web Tools
International.
On May 24, 2001, the Committee held its fourth hearing on
Election Reform.
Members present: Mr. Ney, Mr. Ehlers, Mr. Doolittle, Mr.
Hoyer, and Mr. Fattah.
Witnesses: Christopher Baum, Vice President, Gartner Group;
Thomas R. Palfrey, Professor, California Institute of
Technology; David Woods, Professor, Ohio State University;
Ronald Rivest, Professor, Massachusetts Institute of
Technology.
markup
On Thursday November 15, 2001, the Committee met to mark up
H.R. 3295. The Committee favorably reported H.R. 3295, as
amended, by a recorded vote (8-0), a quorum being present.
Matters Required Under the Rules of the House
committee record votes
Clause 3(b) of House rule XIII requires the results of each
record vote on an amendment or motion to report, together with
the names of those voting for and against, to be printed in the
committee report.
Amendment No. 1
Offered by Mr. Reynolds. The first vote during the markup
came on the amendment offered by Mr. Reynolds.
The amendment would allow, but not require, military base
commanders to locate polling places on their installations.
The amendment was approved by a voice vote a quorum being
present.
Amendment No. 2
Offered by Mr. Hoyer. The second vote during the markup
came on the amendment offered by Mr. Hoyer. This amendment
would add additional voting system accessibility requirements
for the disabled and those with limited proficiency in English.
The vote on the amendment was 3-4 and the amendment was not
agreed to.
------------------------------------------------------------------------
Member Yes No Present
------------------------------------------------------------------------
Mr. Ney........................ ............ X ...........
Mr. Linder..................... ............ X ...........
Mr. Doolittle.................. ............ X ...........
Mr. Reynolds................... ............ X ...........
Mr. Hoyer...................... X ............ ...........
Mr. Fattah..................... X ............ ...........
Mr. Davis...................... X ............ ...........
----------------------------------------
Total.................... 3 4 ...........
------------------------------------------------------------------------
The Committee then voted on H.R. 3295, as amended. The bill
as amended was agreed to by a recorded vote (8-0).
------------------------------------------------------------------------
Member Yes No Present
------------------------------------------------------------------------
Mr. Ney........................ X ............ ...........
Mr. Ehlers..................... X ............ ...........
Mr. Linder..................... X ............ ...........
Mr. Doolittle.................. X ............ ...........
Mr. Reynolds................... X ............ ...........
Mr. Hoyer...................... X ............ ...........
Mr. Fattah..................... X ............ ...........
Mr. Davis...................... X ............ ...........
----------------------------------------
Total.................... 8 0 ...........
------------------------------------------------------------------------
The Committee then voted to report H.R. 3295 favorably, as
amended. The vote to report favorably was approved by recorded
vote (8-0).
------------------------------------------------------------------------
Member Yes No Present
------------------------------------------------------------------------
Mr. Ney........................ X ............ ...........
Mr. Ehlers..................... X ............ ...........
Mr. Linder..................... X ............ ...........
Mr. Doolittle.................. X ............ ...........
Mr. Reynolds................... X ............ ...........
Mr. Hoyer...................... X ............ ...........
Mr. Fattah..................... X ............ ...........
Mr. Davis...................... X ............ ...........
----------------------------------------
Total.................... 8 0 ...........
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) rule XIII of the Rules of
the House of Representatives, the Committee states that the
findings and recommendations of the Convention Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
General Performance Goals and Objectives
The Committee states, with respect to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, that
the goal and objective of H.R. 3295 is to improve the election
infrastructure in the United States.
Constitutional Authority
In compliance with clause 3(d)(1) of rule XIII, the
Committee states that Article 1, Section 4 of the U.S.
Constitution grants Congress the authority to make laws
governing the time, place and manner of holding Federal
elections.
Federal Mandates
The Committee states, with respect to section 423 of the
Congressional Budget Act of 1974, that the bill does not
include any significant Federal mandate.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any committee on a bill or joint
resolution to include a committee statement on the extent to
which the bill or joint resolution is intended to preempt state
or local law. The Committee states that H.R. 3295 is not
intended to preempt any state or local law.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, the following estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 30, 2001.
Hon. Robert W. Ney,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3295, the Help
America Vote Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz and Matthew Pickford (for federal costs); Susan Sieg
Tompkins (for the impact on state, local, and tribal
governments): and Paige Piper/Bach (for the impact on the
private sector).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3295, Help America Vote Act of 2001
Summary: H.R. 3295 would authorize the appropriation of
about $2.8 billion over fiscal year 2002 through 2006, mostly
for grants to states and localities to improve voting
technology and election administration. The bill would
establish the Election Assistance Commission to undertake
activities to improve the administration of elections and would
set minimum standards for national elections. H.R. 3295 also
would require the Department of Defense to implement a voting
assistance program for military personnel and other overseas
U.S. citizens. Finally, the bill would provide reduced postage
rates for official election mailings.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 3295 would cost about $2.8
billion over the 2002-2006 period. In addition, we estimate
that enacting the bill would increase costs to the U.S. Postal
Service by about $100 million over the 2002-2003 period.
(Postal Service spending is classified as off-budget and is not
subject to pay-as-you-go procedures.) The bill would not
otherwise affect direct spending or receipts so pay-as-you-go
procedures would not apply.
Section 4 of the Unfunded Mandates Reform Act (UMRA)
excludes from the application of that act any legislative
provisions that enforce the constitutional rights of
individuals. CBO has determined that title V and certain
sections of title VI would fall within that exclusion. Other
provisions of the bill would provide grants to states to
improve voting procedures and technology. Any costs to state,
local, or tribal governments as a result of participating in
those programs would be incurred voluntarily. The remaining
provisions of the bill contain no intergovernmental or private-
sector mandates and would impose no costs on state, local, or
tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3295 is shown in the following table.
The costs of this legislation fall within budget functions 050
(national defense), 370 (commerce and housing credit), and 800
(general government).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2002 2003 2004 2005 2006
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Grants to replace punch card
voting machines:
Authorization Level......... 400 0 0 0 0
Estimated Outlays........... 200 200 0 0 0
Voting system improvements:
Authorization Level......... 750 750 750 0 0
Estimated Outlays........... 75 600 750 675 150
Election Assistance Commission:
Estimated Authorization 3 4 4 4 4
Level......................
Estimated Outlays........... 1 2 3 3 3
Other provisions:
Estimated Authorization 37 14 12 12 14
Level......................
Estimated Outlays........... 20 26 12 12 14
Total:
Estimated Authorization 1,190 768 766 16 18
Level......................
Estimated Outlays........... 296 828 765 690 167
CHANGES IN OFF-BUDGET DIRECT SPENDING
U.S. Postal Service\1\
Estimated Budget Authority.. 50 55 0 0 0
Estimated Outlays........... 50 55 0 0 0
------------------------------------------------------------------------
\1\ These estimated costs would be offset, overtime, by postal rate
increases.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted by the end of calendar year 2001 and that
the necessary amounts will be appropriated each year. CBO
estimates that implementing H.R. 3295 would cost $2.8 billion
over the 2002-2006 period, mostly for voting system
improvements. The bill would also increase spending of the
Postal Service, which is classified as off-budget.
Spending subject to appropriation
Grants to Replace Punch-Card Voting Machines. H.R. 3295
would authorize the appropriation of $400 million for fiscal
year 2002 for payments for state and local governments to
replace punch card voting systems. State and local governments
that apply for these funds would be able to receive a maximum
of $6,000 per precinct.
Voting System Improvements. The bill would authorize the
appropriation of $2.25 billion over the 2002-2004 period to pay
for grants to states and localities for improving voting
technology and upgrading equipment, improving voter
registration systems, increasing access for voters with
disabilities, and enhancing training for poll workers. CBO
expects that most of the funds to replace machines and so
implement improvements would be spent in fiscal years 2003
through 2005.
Election Assistance Commission. Title II would authorize
the appropriation of up to $10 million annually to establish
the Election Assistance Commission. The four-member, bipartisan
commission would advise state and local governments on election
administration. This work would include developing voluntary
election management standards, serving as a clearinghouse for
information, and reviewing procedures affecting the
administration of federal elections. The bill also would
transfer all the functions of the Office of Election
Administration of the Federal Election Commission to the new
commission. CBO estimates that the commission would require
funding of $3 million to $4 million annually with estimated
outlays of about $12 million over the 2002-2006 period.
Other Provisions. H.R. 3295 also would authorize
appropriations for several other programs aimed at improving
the election process, including grants to study and improve
voting technology, pilot programs to test new technologies, and
programs to encourage citizens to get involved in the election
process. CBO estimates that, in total, implementing these
programs would cost $84 million over the 2002-2006 period.
H.R. 3295 would direct the Secretary of Defense to
coordinate all voting activities for members of the military
and other overseas U.S. citizens, includes training voting
assistance officers, conducting mail delivery surveys, and
providing information on voter registration requirements and
deadlines of the various states. Based on information from the
Department of Defense, CBO estimates that implementing this
section of the bill would result in no significant costs.
Off-budget costs (direct spending)
For official mailings sent to voters by local election
officials via first-class mail, H.R. 3295 would reduce the
postage rate by 50 percent. CBO expects that the reduced
postage rate would apply to two mailings every year to each of
the 150 million registered voters in the United States. The
current first-class rate is 34 cents and is expected to rise to
37 cents by fiscal year 2003, so CBO estimates this provision
would cost the Postal Service about $50 million in 2002 and
about $55 million in 2003. Over time, there would be no net
effect from this provision because the Postal Service is
required to set rates so that it covers all costs. Postal
Service spending and collections are classified as off-budget
and would not be subject to pay-as-you-go procedures.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: Section 4 of
UMRA excludes from the application of that act any legislative
provisions that enforce the constitutional rights of
individuals. CBO has determined that title V and certain
sections of title VI would fall within that exclusion because
they enforce an individual's right to vote, and to have that
vote counted.
Other provisions of the bill would benefit state and local
governments. Specifically, title I would provide grants to
states to replace or upgrade punch card voting systems.
Provisions of title II would provide payments to states to
improve election administration and voter education. In both
cases, states must provide up to 25 percent in matching funds
to be eligible to receive the assistance. The matching
requirement as well as any other costs to state, local, or
tribal governments as a result of participating in these
programs would be incurred voluntarily.
The remaining provisions of the bill contain no
intergovernmental or private-sector mandates and would impose
no costs on state, local, or tribal governments.
Estimate prepared by: Federal Costs: Mark Grabowicz and
Matthew Pickford. Impact on State, Local, and Tribal
Governments: Susan Sieg Tompkins. Impact on the Private Sector:
Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 36, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PATRIOTIC AND NATIONAL ORGANIZATIONS
* * * * * * *
PART B--ORGANIZATIONS
AGRICULTURAL HALL OF FAME....................................20101
* * * * * * *
Help America Vote Foundation................................152601
* * * * * * *
PART B--ORGANIZATIONS
* * * * * * *
CHAPTER 1526--HELP AMERICA VOTE FOUNDATION
Sec.
152601. Organization.
152602. Purposes.
152603. Board of directors.
152604. Officers and employees.
152605. Powers.
152606. Principal office.
152607. Service of process.
152608. Annual audit.
152609. Civil action by Attorney General for equitable relief.
152610. Immunity of United States Government.
152611. Authorization of appropriations.
152612. Annual report.
Sec. 152601. Organization
(a) Federal Charter.--The Help America Vote Foundation (in
this chapter, the ``foundation'') is a federally chartered
corporation.
(b) Nature of Foundation.--The foundation is a charitable and
nonprofit corporation and is not an agency or establishment of
the United States Government.
(c) Perpetual Existence.--Except as otherwise provided, the
foundation has perpetual existence.
Sec. 152602. Purposes
(a) In General.--The purposes of the foundation are to--
(1) mobilize secondary school students (including
students educated in the home) in the United States to
participate in the election process in a nonpartisan
manner as poll workers or assistants;
(2) place secondary school students (including
students educated in the home) as nonpartisan poll
workers or assistants to local election officials in
precinct polling places across the United States; and
(3) establish cooperative efforts with State and
local election officials, local educational agencies,
superintendents and principals of public and private
secondary schools, and other appropriate nonprofit
charitable and educational organizations exempt from
taxation under section 501(a) of the Internal Revenue
Code of 1986 as an organization described in section
501(c)(3) of such Code to further the purposes of the
foundation.
(b) Requiring Activities To Be Carried Out on Nonpartisan
Basis.--The foundation shall carry out its purposes without
partisan bias or without promoting any particular point of view
regarding any issue, and shall ensure that each participant in
its activities is governed in a balanced manner which does not
reflect any partisan bias.
(c) Consultation With State Election Officials.--The
foundation shall carry out its purposes under this section in
consultation with the chief election officials of the States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, and the United States Virgin Islands.
Sec. 152603. Board of directors
(a) General.--The board of directors is the governing body of
the foundation.
(b) Members and Appointment.--(1) The board consists of 12
directors, who shall be appointed not later than 60 days after
the date of the enactment of this chapter as follows:
(A) 4 directors (of whom not more than 2 may be
members of the same political party) shall be appointed
by the President.
(B) 2 directors shall be appointed by the Speaker of
the House of Representatives.
(C) 2 directors shall be appointed by the minority
leader of the House of Representatives.
(D) 2 directors shall be appointed by the majority
leader of the Senate.
(E) 2 directors shall be appointed by the minority
leader of the Senate.
(2) In addition to the directors described in paragraph (1),
the chair and ranking minority member of the Committee on House
Administration of the House of Representatives (or their
designees) and the chair and ranking minority member of the
Committee on Rules and Administration of the Senate (or their
designees) shall each serve as an ex officio nonvoting member
of the board.
(3) A director is not an employee of the Federal government
and appointment to the board does not constitute appointment as
an officer or employee of the United States Government for the
purpose of any law of the United States (except as may
otherwise be provided in this chapter).
(4) The terms of office of the directors are 4 years.
(5) A vacancy on the board shall be filled in the manner in
which the original appointment was made.
(c) Chair.--The directors shall select one of the directors
as the chair of the board. The individual selected may not be a
current or former holder of any partisan elected office or a
current or former officer of any national committee of a
political party.
(d) Quorum.--The number of directors constituting a quorum of
the board shall be established under the bylaws of the
foundation.
(e) Meetings.--The board shall meet at the call of the chair
of the board for regularly scheduled meetings, except that the
board shall meet not less often than annually.
(f) Reimbursement of Expenses.--Directors shall serve without
compensation but may receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5.
(g) Liability of Directors.--Directors are not personally
liable, except for gross negligence.
Sec. 152604. Officers and employees
(a) Appointment of Officers and Employees.--The board of
directors appoints, removes, and replaces officers and
employees of the foundation.
(b) Status and Compensation of Employees.--
(1) In general.--Officers and employees of the
foundation--
(A) are not employees of the Federal
government (except as may otherwise be provided
in this chapter);
(B) shall be appointed and removed without
regard to the provisions of title 5 governing
appointments in the competitive service; and
(C) may be paid without regard to chapter 51
and subchapter III of chapter 53 of title 5.
(2) Availability of federal employee rates for
travel.--For purposes of any schedules of rates
negotiated by the Administrator of General Services for
the use of employees of the Federal government who
travel on official business, officers and employees of
the foundation who travel while engaged in the
performance of their duties under this chapter shall be
deemed to be employees of the Federal government.
Sec. 152605. Powers
(a) General.--The foundation may--
(1) adopt a constitution and bylaws;
(2) adopt a seal which shall be judicially noticed;
and
(3) do any other act necessary to carry out this
chapter.
(b) Powers as Trustee.--To carry out its purposes, the
foundation has the usual powers of a corporation acting as a
trustee in the District of Columbia, including the power--
(1) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely
or in trust, of property or any income from or other
interest in property;
(2) to acquire property or an interest in property by
purchase or exchange;
(3) unless otherwise required by an instrument of
transfer, to sell, donate, lease, invest, or otherwise
dispose of any property or income from property;
(4) to borrow money and issue instruments of
indebtedness;
(5) to make contracts and other arrangements with
public agencies and private organizations and persons
and to make payments necessary to carry out its
functions;
(6) to sue and be sued; and
(7) to do any other act necessary and proper to carry
out the purposes of the foundation.
(c) Encumbered or Restricted Gifts.--A gift, devise, or
bequest may be accepted by the foundation even though it is
encumbered, restricted, or subject to beneficial interests of
private persons, if any current or future interest is for the
benefit of the foundation.
(d) Contracts.--The foundation may enter into such contracts
with public and private entities as it considers appropriate to
carry out its purposes.
(e) Annual Conference in Washington Metropolitan Area.--
During each year (beginning with 2003), the foundation may
sponsor a conference in the Washington, D.C., metropolitan area
to honor secondary school students and other individuals who
have served (or plan to serve) as poll workers and assistants
and who have otherwise participated in the programs and
activities of the foundation.
Sec. 152606. Principal office
The principal office of the foundation shall be in the
District of Columbia unless the board of directors determines
otherwise. However, the foundation may conduct business
throughout the States, territories, and possessions of the
United States.
Sec. 152607. Service of process
The foundation shall have a designated agent to receive
service of process for the foundation. Notice to or service on
the agent, or mailed to the business address of the agent, is
notice to or service on the foundation.
Sec. 152608. Annual audit
The foundation shall enter into a contract with an
independent auditor to conduct an annual audit of the
foundation.
Sec. 152609. Civil action by Attorney General for equitable relief
The Attorney General may bring a civil action in the United
States District Court for the District of Columbia for
appropriate equitable relief if the foundation--
(1) engages or threatens to engage in any act,
practice, or policy that is inconsistent with the
purposes in section 152602 of this title; or
(2) refuses, fails, or neglects to carry out its
obligations under this chapter or threatens to do so.
Sec. 152610. Immunity of United States Government
The United States Government is not liable for any debts,
defaults, acts, or omissions of the foundation. The full faith
and credit of the Government does not extend to any obligation
of the foundation.
Sec. 152611. Authorization of appropriations
There are authorized to be appropriated to the foundation for
carrying out the purposes of this chapter--
(1) $5,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each succeeding
fiscal year.
Sec. 152612. Annual report
As soon as practicable after the end of each fiscal year, the
foundation shall submit a report to the Commission, the
President, and Congress on the activities of the foundation
during the prior fiscal year, including a complete statement of
its receipts, expenditures, and investments. Such report shall
contain information gathered from participating secondary
school students describing the nature of the work they
performed in assisting local election officials and the value
they derived from the experience of educating participants
about the electoral process.
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
* * * * * * *
Subtitle A--General Military Law
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 80--MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
Sec.
1561. Complaints of sexual harassment: investigation by commanding
officers.
* * * * * * *
1566. Voting assistance: compliance assessments; assistance.
* * * * * * *
Sec. 1566. Voting assistance: compliance assessments; assistance
(a) Regulations.--The Secretary of Defense shall prescribe
regulations to require that the Army, Navy, Air Force, and
Marine Corps ensure their compliance with any directives issued
by the Secretary of Defense in implementing any voting
assistance program.
(b) Voting Assistance Programs Defined.--In this section, the
term ``voting assistance programs'' means--
(1) the Federal Voting Assistance Program carried out
under the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.); and
(2) any similar program.
(c) Annual Effectiveness and Compliance Reviews.--(1) The
Inspector General of each of the Army, Navy, Air Force, and
Marine Corps shall conduct--
(A) an annual review of the effectiveness of voting
assistance programs; and
(B) an annual review of the compliance with voting
assistance programs of that armed force.
(2) Upon the completion of each annual review under paragraph
(1), each Inspector General specified in that paragraph shall
submit to the Inspector General of the Department of Defense a
report on the results of each such review. Such report shall be
submitted in time each year to be reflected in the report of
the Inspector General of the Department of Defense under
paragraph (3).
(3) Not later than March 31 each year, the Inspector General
of the Department of Defense shall submit to Congress a report
on--
(A) the effectiveness during the preceding calendar
year of voting assistance programs; and
(B) the level of compliance during the preceding
calendar year with voting assistance programs of each
of the Army, Navy, Air Force, and Marine Corps.
(d) Inspector General Assessments.--(1) The Inspector General
of the Department of Defense shall periodically conduct at
Department of Defense installations unannounced assessments of
the compliance at those installations with--
(A) the requirements of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et
seq.);
(B) Department of Defense regulations regarding that
Act and the Federal Voting Assistance Program carried
out under that Act; and
(C) other requirements of law regarding voting by
members of the armed forces.
(2) The Inspector General shall conduct an assessment under
paragraph (1) at not less than 10 Department of Defense
installations each calendar year.
(3) Each assessment under paragraph (1) shall include a
review of such compliance--
(A) within units to which are assigned, in the
aggregate, not less than 20 percent of the personnel
assigned to duty at that installation;
(B) within a representative survey of members of the
armed forces assigned to that installation and their
dependents; and
(C) within unit voting assistance officers to measure
program effectiveness.
(e) Regular Military Department Assessments.--The Secretary
of each military department shall include in the set of issues
and programs to be reviewed during any management effectiveness
review or inspection at the installation level an assessment of
compliance with the Uniformed and Overseas Citizens Absentee
VotingAct (42 U.S.C. 1973ff et seq.) and with Department of
Defense regulations regarding the Federal Voting Assistance Program.
(f) Voting Assistance Officers.--(1) Voting assistance
officers shall be appointed or assigned under Department of
Defense regulations. Commanders at all levels are responsible
for ensuring that unit voting officers are trained and equipped
to provide information and assistance to members of the armed
forces on voting matters. Performance evaluation reports
pertaining to a member who has been assigned to serve as a
voting assistance officer shall comment on the performance of
the member as a voting assistance officer. The Secretary of
each military department shall certify to Congress that (at a
minimum) a voting assistance officer has been appointed or
assigned for each military installation and major command under
the jurisdiction of the department and that a replacement will
be appointed if the original officer is no longer able to
serve.
(2) Under regulations and procedures prescribed by the
Secretary, a member of the armed forces appointed or assigned
to duty as a voting assistance officer shall, to the maximum
extent practicable, be given the time and resources needed to
perform the member's duties as a voting assistance officer
during the period in advance of a general election when members
and their dependents are preparing and submitting absentee
ballots.
(3) As part of each assessment prepared by the Secretary of a
military department under subsection (e), the Secretary shall--
(A) specify the number of members of the armed forces
under the jurisdiction of the Secretary who are
appointed or assigned to duty as voting assistance
officers;
(B) specify the ratio of voting assistance officers
to active duty members of the armed forces under the
jurisdiction of the Secretary;
(C) indicate whether this number and ratio comply
with the requirements of the Federal Voting Assistance
Program; and
(D) describe the training such members receive to
perform their duties as voting assistance officers.
(g) Registration and Voting Information for Members and
Dependents.--(1) The Secretary of each military department,
using a variety of means including both print and electronic
media, shall, to the maximum extent practicable, ensure that
members of the armed forces and their dependents who are
qualified to vote have ready access to information regarding
voter registration requirements and deadlines (including voter
registration), absentee ballot application requirements and
deadlines, and the availability of voting assistance officers
to assist members and dependents to understand and comply with
these requirement.
(2) The Secretary of each military department shall make the
national voter registration form prepared for purposes of the
Uniformed and Overseas Citizens Absentee Voting Act by the
Federal Election Commission available so that each person who
enlists, reenlists, or voluntarily extends an enlistment or who
completes a permanent change of station in an active or reserve
component of the Army, Navy, Air Force, or Marine Corps shall
receive such form at the time of the enlistment, reenlistment,
extension, or completion of the permanent change of station, or
as soon thereafter as practicable.
(3) Where practicable, a special day or days shall be
designated at each military installation for the purpose of
informing members of the armed forces and their dependents of
election timing, registration requirements, and voting
procedures.
(h) Delivery of Mail From Overseas Preceding Federal
Elections.--(1) During the four months preceding a general
Federal election month, the Secretary of Defense shall
periodically conduct surveys of all overseas locations and
vessels at sea with military units responsible for collecting
mail for return shipment to the United States and all port
facilities in the United States and overseas where military-
related mail is collected for shipment to overseas locations or
to the United States. The purpose of each survey shall be to
determine if voting materials are awaiting shipment at any such
location and, if so, the length of time that such materials
have been held at that location. During the fourth and third
months before a general Federal election month, such surveys
shall be conducted biweekly. During the second and first months
before a general Federal election month, such surveys shall be
conducted weekly.
(2) The Secretary shall ensure that voting materials are
transmitted expeditiously by military postal authorities at all
times. The Secretary shall, to the maximum extent practicable,
implement measures to ensure that a postmark or other official
proof of mailing date is provided on each absentee ballot
collected at any overseas location or vessel at sea whenever
the Department of Defense is responsible for collecting mail
for return shipment to the United States. The Secretary shall
submit to Congress a report describing the measures to be
implemented to ensure the timely transmittal and postmarking of
voting materials and identifying the persons responsible for
implementing such measures.
(3) The Secretary of each military department, utilizing the
voting assistance officer network established for each military
installation, shall, to the maximum extent practicable, provide
notice to members of the armed forces stationed at that
installation of the last date before a general Federal election
for which absentee ballots mailed from a postal facility
located at that installation can reasonably be expected to be
timely delivered to the appropriate State and local election
officials.
(4) In this section, the term ``general Federal election
month'' means November in an even-numbered year.
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF
NONEXCESS PROPERTY
Sec.
2661. Miscellaneous administrative provisions relating to real
property.
* * * * * * *
[2670. Licenses: military installations; erection and use of buildings;
American National Red Cross.]
2670. Buildings on military installations: use by American National Red
Cross and as polling places in Federal, State, and local
elections.
* * * * * * *
[Sec. 2670. Licenses: military installations; erection and use of
buildings; American National Red Cross]
[Under]
Sec. 2670. Buildings on military installations: use by American
National Red Cross and as polling places in
Federal, State, and local elections
(a) Use by Red Cross.--Under such conditions as he may
prescribe, the Secretary of any military department may issue a
revocable license to the American National Red Cross to--
(1) * * *
* * * * * * *
Supplies stored in buildings erected or used under this
[section] subsection are available to aid the civilian
population in a serious national disaster.
(b) Use as Polling Places.--(1) Notwithstanding any other
provision of law, the Secretary of a military department may
make a building located on a military installation under the
jurisdiction of the Secretary available for use as a polling
place in any Federal, State, or local public election, but only
if such use is limited to eligible voters who reside on that
military installation.
(2) If a building located on a military installation is made
available under paragraph (1) as the site of a polling place,
the Secretary shall continue to make the building available for
subsequent elections unless the Secretary provides to the
appropriate State or local election officials advance notice,
in a reasonable and timely manner, of the reasons why the
building will no longer be made available as a polling place.
(3) In this section, the term ``military installation'' has
the meaning given the term in section 2687(e) of this title.
* * * * * * *
Subtitle E--Reserve Components
* * * * * * *
PART V--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 1803--FACILITIES FOR RESERVE COMPONENTS
* * * * * * *
Sec. 18235. Administration; other use permitted by Secretary
(a) * * *
* * * * * * *
(c) Pursuant to a lease or other agreement under subsection
(a)(2), the Secretary may make a facility covered by subsection
(a) available for use as a polling place in any Federal, State,
or local public election notwithstanding any other provision of
law. If a facility is made available as the site of a polling
place with respect to an election, the Secretary shall continue
to make the facility available for subsequent elections unless
the Secretary provides to the appropriate State or local
election officials advance notice, in a reasonable and timely
manner, of the reasons why the facility will no longer be made
available as a polling place.
Sec. 18236. Contributions to States; other use permitted by States
(a) * * *
* * * * * * *
(e) Pursuant to a lease or other agreement under subsection
(c)(1), a State may make a facility covered by subsection (c)
available for use as a polling place in any Federal, State, or
local public election notwithstanding any other provision of
law.
* * * * * * *
----------
UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT
* * * * * * *
TITLE I--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS
AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE
SEC. 101. FEDERAL RESPONSIBILITIES.
(a) * * *
* * * * * * *
(b) Duties of Presidential Designee.--The Presidential
designee shall--
(1) consult State and local election officials in
carrying out this title[;], and ensuring that such
officials are aware of the requirements of this Act;
(2) prescibe an official post card form, containing
both an absentee voter registration application and an
absentee ballot application, for use by the States [as
recommended in section 104] as required under section
102(4);
* * * * * * *
(5) compile and distribute (A) descriptive material
on State absentee registration and voting procedures,
and (B) to the extent practicable, facts relating to
specific elections, including dates, offices involved,
and the text of ballot questions; [and]
(6) not later than the end of each year after a
Presidential election year, transmit to the President
and the Congress a report on the effectiveness of
assistance under this title, including a statistical
analysis of uniformed services voter participation
(listed separately for overseas voters and absent
uniformed services voters), a general assessment of
overseas nonmilitary participation, and a description
of State-Federal cooperation[.]; and
(7) prescribe a standard oath for use with any
document under this title affirming that a material
misstatement of fact in the completion of such a
document may constitute grounds for a conviction for
perjury.
* * * * * * *
SEC. 102. STATE RESPONSIBILITIES.
(a) In General.--Each State shall--
(1) * * *
[(2) accept and process, with respect to any general,
special, primary, or runoff election for Federal
office, any otherwise valid voter registration
application from an absent uniformed services voter or
overseas voter, if the application is received by the
appropriate State election official not less than 30
days before the election; and]
(2) accept and process, with respect to any election
for Federal office, any otherwise valid voter
registration application and absentee ballot
application from an absent uniformed services voter or
overseas voter, if the application is received by the
appropriate State election official not less than 30
days before the election;
(3) permit overseas voters to use Federal write-in
absentee ballots (in accordance with section 103) in
general elections for Federal office[.];
(4) use the official post card form (prescribed under
section 101) for simultaneous voter registration
application and absentee ballot application; and
(5) if the State requires an oath or affirmation to
accompany any document under this title, use the
standard oath prescribed by the Presidential designee
under section 101(b)(7).
(b) Designation of Single State Office To Provide Information
on Registration and Absentee Ballot Procedures for All Voters
in State.--
(1) In general.--Each State shall designate a single
office which shall be responsible for providing
information regarding voter registration procedures and
absentee ballot procedures (including procedures
relating to the use of the Federal write-in absentee
ballot) to all absent uniformed services voters and
overseas voters who wish to register to vote or vote in
any jurisdiction in the State.
(2) Recommendation regarding use of office to accept
and process materials.--Congress recommends that the
State office designated under paragraph (1) be
responsible for carrying out the State's duties under
this Act, including acceptingvalid voter registration
applications, absentee ballot applications, and absentee ballots
(including Federal write-in absentee ballots) from all absent uniformed
services voters and overseas voters who wish to register to vote or
vote in any jurisdiction in the State.
(c) Report on Number of Absentee Ballots Transmitted and
Received.--Not later than 90 days after the date of each
regularly scheduled general election for Federal office, each
State and unit of local government which administered the
election shall (through the State, in the case of a unit of
local government) submit a report to the Election Assistance
Commission (established under the Help America Vote Act of
2001) on the number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the election
and the number of such ballots which were returned by such
voters and cast in the election, and shall make such report
available to the general public.
* * * * * * *
[SEC. 104. RECOMMENDATION TO THE STATES TO MAXIMIZE ACCESS TO THE POLLS
BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS
VOTERS.
[To afford maximum access to the polls by absent uniformed
services voters and overseas voters, it is recommended that the
States--
[(1) use the official post card form (prescribed
under section 101) for simultaneous voter registration
application and absentee ballot application;
[(2) adopt the suggested design for absentee ballot
mailing envelopes prescribed under section 101;
[(3) waive registration requirements for absent
uniformed services voters and overseas voters who, by
reason of service or residence, do not have an
opportunity to register;
[(4) if an application other than an official post
card form (prescribed under section 101) is required
for absentee registration, provide that registration
forms be sent with the absentee ballot and may be
returned with it;
[(5) expedite processing of balloting materials with
respect to absent uniformed services voters and
overseas voters;
[(6) permit any oath required for a document under
this title to be administered by a commissioned officer
of the Armed Forces or any official authorized to
administer oaths under Federal law or the law of the
State or other place where the oath is administered;
[(7) assure that absentee ballots are mailed to
absent uniformed services voters and overseas voters at
the earliest opportunity;
[(8) assist the Presidential designee in compiling
statistical and other information relating to this
title; and
[(9) provide late registration procedures for persons
recently separated from the Armed Forces.]
SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.
(a) In General.--If a State accepts and processes an official
post card form (prescribed under section 101) submitted by an
absent uniformed services voter or overseas voter for
simultaneous voter registration and absentee ballot application
(in accordance with section 102(a)(4)) and the voter requests
that the application be considered an application for an
absentee ballot for each subsequent election for Federal office
held in the State during that year, the State shall provide an
absentee ballot to the voter for each subsequent election for
Federal office held in the State during that year.
(b) Exception for Voters Changing Registration.--Subsection
(a) shall not apply with respect to a voter registered to vote
in a State for any election held after the voter notifies the
State that the voter no longer wishes to be registered to vote
in the State or after the State determines that the voter has
registered to vote in another State.
(c) Revision of Official Post Card Form.--The Presidential
designee shall revise the official post card form (prescribed
under section 101) to enable a voter using the form to--
(1) request an absentee ballot for each election for
Federal office held in a State during a year; or
(2) request an absentee ballot for only the next
scheduled election for Federal office held in a State.
(d) No Effect on Voter Removal Programs.--Nothing in this
section may be construed to prevent a State from removing any
voter from the rolls of registered voters in the State under
any program or method permitted under section 8 of the National
Voter Registration Act of 1993.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
* * * * * * *
Sec. 592. Troops at polls
Whoever, being an officer of the Army or Navy, or other
person in the civil, military, or naval service of the United
States, orders, brings, keeps, or has under his authority or
control any troops or armed men at any place where a general or
special election is held, unless such force be necessary to
repel armed enemies of the United States, shall be fined under
this title or imprisoned not more than five years, or both; and
be disqualified from holding any office of honor, profit, or
trust under the United States.
This section shall not prevent any officer or member of the
armed forces of the United States from exercising the right of
suffrage in any election district to which he may belong, if
otherwise qualified according to the laws of the State in which
he offers to vote.
This section shall not apply to the actions of members of the
Armed Forces at any polling place on a military installation
where a general or special election is held in accordance with
section 2670(b), 18235, or 18236 of title 10.
Sec. 593. Interference by armed forces
Whoever, being an officer or member of the Armed Forces of
the United States, prescribes or fixes or attempts to prescribe
or fix, whether by proclamation, order or otherwise, the
qualifications of voters at any election in any State; or
Whoever, being such officer or member, prevents or attempts
to prevent by force, threat, intimidation, advice or otherwise
any qualified voter of any State from fully exercising the
right of suffrage at any general or special election; or
Whoever, being such officer or member, orders or compels or
attempts to compel any election officer in any State to receive
a vote from a person not legally qualified to vote; or
Whoever, being such officer or member, imposes or attempts to
impose any regulations for conducting any general or special
election in a State, different from those prescribed by law; or
Whoever, being such officer or member, interferes in any
manner with an election officer's discharge of his duties--
Shall be fined under this title or imprisoned not more than
five years, or both; and disqualified from holding any office
of honor, profit or trust under the United States.
This section shall not prevent any officer or member of the
Armed Forces from exercising the right of suffrage in any
district to which he may belong, if otherwise qualified
according to the laws of the State of such district.
This section shall not apply to the actions of members of the
Armed Forces at any polling place on a military installation
where a general or special election is held in accordance with
section 2670(b), 18235, or 18236 of title 10.
Sec. 594. Intimidation of voters
(a) Whoever intimidates, threatens, coerces, or attempts to
intimidate, threaten, or coerce, any other person for the
purpose of interfering with the right of such other person to
vote or to vote as he may choose, or of causing such other
person to vote for, or not to vote for, any candidate for the
office of President, Vice President, Presidential elector,
Member of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident
Commissioner, at any election held solely or in part for the
purpose of electing such candidate, shall be fined under this
title or imprisoned not more than one year, or both.
(b) For purposes of subsection (a), a poll worker who urges
or encourages a voter who has not cast a vote for each office
listed on the ballot to return to the voting booth to cast
votes for every office, or who otherwise intimidates, harasses,
or coerces the voter to vote for each such office (or who
attempts to intimidate, harass, or coerce the voter to vote for
each such office), shall be considered to have intimidated,
threatened, or coerced (or to have attempted to intimidate,
threaten, or coerce) the voter for the purpose of interfering
with the voter's right to vote as the voter may choose. Nothing
in this subsection shall prohibit a poll worker from providing
information to a voter who requests assistance.
* * * * * * *
----------
SECTION 2003 OF THE REVISED STATUTES OF THE UNITED STATES
Sec. 2003. No officer of the Army or Navy of the United
States shall prescribe or fix, or attempt to prescribe or fix,
by proclamation, order, or otherwise, the qualifications of
voters in any State, or in any manner interfere with the
freedom of any election in any State, or with the exercise of
the free right of suffrage in any State. Making a military
installation or reserve component facility available as a
polling place in a Federal, State, or local public election in
accordance with section 2670(b), 18235, or 18236 of title 10,
United States Code, is deemed to be consistent with this
section.
----------
TITLE 39, UNITED STATES CODE
* * * * * * *
PART IV--MAIL MATTER
* * * * * * *
CHAPTER 36--POSTAL RATES, CLASSES, AND SERVICES
SUBCHAPTER I--POSTAL RATE COMMISSION
Sec.
3601. Establishment.
* * * * * * *
SUBCHAPTER II--PERMANENT RATES AND CLASSES OF MAIL
3621. Authority to fix rates and classes.
* * * * * * *
[3629. Reduced rates for voter registration purposes.]
3629. Reduced rates for official election mail.
* * * * * * *
SUBCHAPTER II--PERMANENT RATES AND CLASSES OF MAIL
* * * * * * *
[Sec. 3629. Reduced rates for voter registration purposes
[The Postal Service shall make available to a State or local
voting registration official the rate for any class of mail
that is available to a qualified nonprofit organization under
section 3626 for the purpose of making a mailing that the
official certifies is required or authorized by the National
Voter Registration Act of 1993.]
Sec. 3629. Reduced rates for official election mail
(a) Notwithstanding any other provision of this title, the
rate of postage for any first-class mail matter shall, in the
case of official election mail, be equal to 50 percent of the
regular first-class rate, subject to subsection (c).
(b) For purposes of this section, the term ``official
election mail'' means any mailing by a State or local election
official that--
(1) is mailed in the course of official business;
(2) consists of voter registration or election
information or assistance prepared and mailed in a
nonpartisan manner; and
(3) bears such logo or other markings as the Postal
Service may require.
Such term does not include any mailing that includes any mail
matter intended to promote government action unrelated to the
conduct of an election.
(c) Nothing in this section shall, with respect to any
official election mail, be considered to make unavailable--
(1) any free mailing privilege under section 3406 or
any other provision of law for which such mail
otherwise qualifies; or
(2) any reduced rate of postage under section 3626 or
any other provision of law for which such mail
otherwise qualifies, if lower than the rate that would
otherwise apply under subsection (a).
* * * * * * *
----------
SECTION 311 OF THE FEDERAL ELECTION CAMPAIGN ACT OF 1971
administrative provisions
Sec. 311. (a) The Commission shall--
(1) * * *
* * * * * * *
(8) prescribe rules, regulations, and forms to carry
out the provisions of this Act, in accordance with the
provisions of subsection (d); and
(9) transmit to the President and to each House of
the Congress no later than June 1 of each year, a
report which states in detail the activities of the
Commission in carrying out its duties under this Act,
and any recommendations for any legislative or other
action the Commission considers appropriate[; and].
[(10) serve as a national clearinghouse for the
compilation of information and review of procedures
with respect to the administration of Federal
elections. The Commission may enter into contracts for
the purpose of conducting studies under this paragraph.
Reports or studies made under this paragraph shall be
available to the public upon the payment of the cost
thereof, except that copies shall be made available
without cost, upon request, to agencies and branches of
the Federal Government.]
* * * * * * *
----------
NATIONAL VOTER REGISTRATION ACT OF 1993
* * * * * * *
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER
REGISTRATION.
(a) * * *
* * * * * * *
(b) Confirmation of Voter Registration.--Any State program or
activity to protect the integrity of the electoral process by
ensuring the maintenance of an accurate and current voter
registration roll for elections for Federal office--
(1) * * *
(2) shall not result in the removal of the name of
any person from the official list of voters registered
to vote in an election for Federal office by reason of
the person's failure to vote[.], except that nothing in
this paragraph may be construed to prohibit a State
from using the procedures described in subsections (c)
and (d) to remove an individual from the official list
of eligible voters if the individual has not voted or
appeared to vote in 2 or more consecutive general
elections for Federal office and has not notified the
applicable registrar (in person or in writing) or
responded to a notice sent by the applicable registrar
during the period in which such elections are held that
the individual intends to remain registered in the
registrar's jurisdiction.
* * * * * * *
SEC. 9. FEDERAL COORDINATION AND REGULATIONS.
(a) In General.--The [Federal Election Commission] Election
Assistance Commission--
(1) * * *
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart B--Employment and Retention
CHAPTER 31--AUTHORITY FOR EMPLOYMENT
* * * * * * *
SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE
* * * * * * *
Sec. 3132. Definitions and exclusions
(a) For the purpose of this subchapter--
(1) ``agency'' means an Executive agency, except a
Government corporation and the General Accounting
Office, but does not include--
(A) * * *
* * * * * * *
(C) the Federal Election Commission or the
Election Assistance Commission; or
* * * * * * *
Subpart F--Labor-Management and Employee Relations
* * * * * * *
CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
* * * * * * *
SUBCHAPTER III--POLITICAL ACTIVITIES
* * * * * * *
Sec. 7323. Political activity authorized; prohibitions
(a) * * *
(b)(1) * * *
(2)(A) * * *
(B) The provisions of subparagraph (A) shall apply to--
(i) an employee of--
(I) the Federal Election Commission or the
Election Assistance Commission;
* * * * * * *
----------
SECTION 8G OF THE INSPECTOR GENERAL ACT OF 1978
requirements for federal entities and designated federal entities
Sec. 8G. (a) Notwithstanding section 11 of this Act, as used
in this section--
(1) * * *
(2) the term ``designated Federal entity'' means
Amtrak, the Appalachian Regional Commission, the Board
of Governors of the Federal Reserve System, the Board
for International Broadcasting, the Commodity Futures
Trading Commission, the Consumer Product Safety
Commission, the Corporation for Public Broadcasting,
the Equal Employment Opportunity Commission, the Farm
Credit Administration, the Federal Communications
Commission, the Federal Deposit Insurance Corporation,
the Federal Election Commission, the Election
Assistance Commission, the Federal Housing Finance
Board, the Federal Labor Relations Authority, the
Federal Maritime Commission, the Federal Trade
Commission, the Legal Services Corporation, the
National Archives and Records Administration, the
National Credit Union Administration, the National
Endowment for the Arts, the National Endowment for the
Humanities, the National Labor Relations Board, the
National Science Foundation, the Panama Canal
Commission, the Peace Corps, the Pension Benefit
Guaranty Corporation, the Securities and Exchange
Commission, the Smithsonian Institution, the United
States International Trade Commission, and the United
States Postal Service;
* * * * * * *
ADDITIONAL VIEWS OF HON. STENY H. HOYER
I write to offer my additional views regarding the
importance of ensuring accessibility in voting for people with
disabilities. The bill in its present form offers significant
gains in voting accessibility for persons with disabilities,
especially those with visual impairments. For example, the bill
requires that, in a state receiving election fund payments,
every polling place or precinct have at least one voting system
(hardware and software) that is fully accessible. However,
while I agree with everything in the committee report, I wish
to emphasize the need to take further steps beyond this bill
and beyond the Americans with Disabilities Act to ensure
complete accessibility in voting and registration services for
persons with disabilities.
Complete voting access must be assured for every voter
regardless of whether a state or locality accepts federal
election funds and without regard to any significant cost
constraints. Voting is one of the fundamental rights of
citizens in a Republic. As such, the right should not depend
upon the vagaries of local budgets--certainly not in an
affluent society like ours. Physical access to the ballot box
should be unconditional. Every polling place in America should
be accessible to persons with the full range of disabilities.
Every polling place should have already at least one voting
machine or method that is fully accessible, that is, a voting
machine or method that allows a voter with a disability to vote
in a manner that is as reliable, fraud-resistant, private,
independent and anonymous as that available to anyone else.
One of our most profound accomplishments since the founding
of the United States is the progressive broadening of the
franchise to include African-Americans, women and others
subject to pervasive discrimination. In this process, we have
learned that few of the rights or interests of a particular
group of Americans can be secure so long as that group lacks
the right to vote for officials who will be accountable to
them. We have also learned that, as more adult citizens become
full participants in our polity, the democratic process is
enriched for all. We are still in the process of learning this
lesson with regard to persons with disabilities.
Most of the ongoing discrimination against persons with
disabilities concerning voting is no longer motivated by
deliberate efforts do exclude. However, as the recent GAO
report on accessibility documents, the choice, design and
administration of polling places, voting methods and machines
continues in many instances to be driven by a careless
assumption on the part of election administrators that all
voters are able-bodied. The General Accounting Office recently
found, for example, that many polling places have high door
thresholds and inaccessible parking places, and that, even when
ramps are installed, in many instances they are hazardous to
users. Policymakers must strive to highlight the need to
administer every aspect of elections in a way that recognizes
that a portion of the electorate does not enjoy the full range
of abilities, disabilities and impairments.
The right to vote is an almost sacred right that should not
be casually traded off against other rights and interests. See,
e.g., Harper v. Virginia State Board of Elections, 383 U.S.
663, 667 (voting is a fundamental right, any alleged
infringement of which, must be meticulously scrutinized);
Kramer v. Union Free School District No. 15, 395 U.S. 621, 626
(1969) (``statutes distributing the franchise constitute the
foundation of our representative society [requiring careful
examination of a State's stated interests]'') Corresponding to
the fundamental nature of this right, government officials and
election administrators at all levels of government must
recognize we have a fundamental obligation to guarantee full
access to the ballot box for every qualified citizen. Thus, I
hope the Senate will go beyond the achievements of this bill to
provide a guarantee of full accessibility that is not dependent
upon a state's acceptance of federal funds and that is not
limited by any significant cost constraints. Further, I hope we
then accept those additional requirements when we meet with the
Senate in conference.
However, even before Congress takes additional steps, we
should remember, as the committee report explains, that we
already have powerful tools for electoral reform available to
us, one of which is the Americans with Disabilities Act of 1990
(ADA). In the preamble to that Act, we found that voting is a
``critical area'' and that discrimination against individuals
with disabilities, especially discrimination in the form of
isolation and segregation, persists. To redress this
discrimination, the ADA insists upon both equality and
integration for persons with disabilities.
In the past decade, the ADA has already improved electoral
access for persons with disabilities, both through voluntary
compliance and through successful litigation in recent cases
such as New York v. Schoharie, 82 F.Supp.2d 19 (N.D.N.Y. 2000)
and Doe v. Rowe, 156 F.Supp.2d 35 (D. Me. 2001). But, as the
GAO report documents, there is plenty of work left to be done
to achieve compliance with the ADA. While the ADA provides an
undue burden defense to its general mandates, it still provides
a great deal of leverage for correcting the kinds of problems
documented by the GAO.
Under the ADA, all voting and registration procedures and
services must be accessible. Accessibility includes affording
individuals with disabilities an opportunity to cast a ballot
in a manner that is as private, independent and anonymous as
that afforded other voters, and to vote in an integrated
setting with other voters. The ADA includes an integration
mandate that bars attempts to achieve accessibility through
separate-but-equal kinds of arrangements, a mandate that is
limited only by the undue burden defense. See, e.g., Olmstead
v. L.C. by Zimring, 527 U.S. 581 (1999).
Of course, the ADA's mandate to offer equal and integrated
voting methods to persons with disabilities does nothing to
deny a State or local government the right to provide generally
to the electorate alternative voting methods such as absentee
balloting. Nor does it deny an individual with a disability the
right to receive a reasonable accommodation in the form of an
absentee ballot, curbside voting, or assistance from a poll
worker or other individual of his or her choice (other than an
individual who is the voter's employer or agent of that
employer or officer or agent of the voter's union).
But the fact that an individual with a disability might
want to use an absentee ballot or curbside voting as a means of
gaining access to voting does not relieve a State or locality
from its obligation to make polling places as integrated and
accessible as possible. Thus, to comply with the ADA, a pubic
entity (such as a State or unit of local government or a
responsible government official) must first survey its polling
places and move inaccessible polling places to accessible
locations. The defense of undue burden is unavailable if there
are accessible places that may reasonably serve as polling
places. It will be a rare case in which the need to move a
polling place to another location will create an undue burden.
Simple compliance with this requirement--that accessible
polling places be chosen in the first place--will result in
significant increased accessibility without costing any
additional money. Normally, an alteration in polling location
will only require a different way of thinking about what
constitutes an appropriate polling place.
There may well be situations in which no accessible place
is reasonably available as a polling place. In such cases, the
public entity must make changes to existing polling places to
ensure accessibility, such as installing a ramp providing
access for those who use wheelchairs. This obligation, however,
is subject to an ``undue burden'' defense. Thus, in some
situations, the entity will not be required to make a polling
place accessible, and instead, will be permitted to offer
access to voting through such means as curbside voting or
absentee balloting.
It is important to note, however, that a State or unit of
local government may not, as a first resort, depend upon
curbside voting or absentee balloting as its sole means to make
polling places accessible. Rather, as noted, the government
must first determine whether an integrated means of access can
be achieved within the ``undue burden'' limitation. If such
access cannot be achieved within that standard, the public
entity may then rely upon alternative, less-integrated means of
access to the act of voting, for example, curbside voting or
absentee balloting.
The undue burden standard makes allowance for the
limitations of poor or rural jurisdictions lacking the
resources to achieve a level of accessibility equivalent to
that of larger, wealthier or more populous areas. However, an
undue burden defense must be assessed in terms of actual--
rather than merely formal--resource constraints. An undue
burden means significant difficulty or expense in light of the
budget of the unit of government responsible for funding
registration services, polling places and voting methods,
together with any coordinated budget with, or budgetary
resources available from, other units of State and local
government. See, e.g., H.R. Rep. No. 101-485 (1990), reprinted
in Comm. on Educ. and Labor, 101st Cong., Legislative History
of the Americans with Disabilities Act, at 340-343 (1990)
(providing guidance on the analogous undue hardship
determination in the employment context.)
Steny H. Hoyer.