[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 565 Reported in Senate (RS)]
Calendar No. 239
107th CONGRESS
1st Session
S. 565
To establish the Commission on Voting Rights and Procedures to study
and make recommendations regarding election technology, voting, and
election administration, to establish a grant program under which the
Office of Justice Programs and the Civil Rights Division of the
Department of Justice shall provide assistance to States and localities
in improving election technology and the administration of Federal
elections, to require States to meet uniform and nondiscriminatory
election technology and administration requirements for the 2004
Federal elections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 19, 2001
Mr. Dodd (for himself, Mr. Daschle, Mr. Inouye, Mr. Dayton, Mr. Kerry,
Mr. Kennedy, Mr. Corzine, Mr. Leahy, Mr. Reid, Mrs. Clinton, Mr. Bayh,
Mr. Reed, Mr. Nelson of Florida, Mrs. Boxer, Mr. Edwards, Mr. Biden,
Mrs. Carnahan, Ms. Mikulski, Mrs. Murray, Mr. Sarbanes, Ms. Stabenow,
Mr. Wellstone, Mr. Torricelli, Ms. Landrieu, Mr. Johnson, Mr. Levin,
Mr. Lieberman, Mr. Miller, Mr. Nelson of Nebraska, Mr. Rockefeller, Mr.
Wyden, Mr. Harkin, Ms. Cantwell, Mr. Akaka, Mr. Baucus, Mr. Bingaman,
Mr. Dorgan, Mr. Durbin, Mr. Feingold, Mrs. Feinstein, Mr. Graham, Mr.
Hollings, Mrs. Lincoln, Mr. Schumer, Mr. Cleland, Mr. Kohl, Mr. Breaux,
Mr. Conrad, Mr. Byrd, Mr. Carper, and Mr. Jeffords) introduced the
following bill; which was read twice and referred to the Committee on
Rules and Administration
November 28, 2001
Reported by Mr. Dodd, without amendment
_______________________________________________________________________
A BILL
To establish the Commission on Voting Rights and Procedures to study
and make recommendations regarding election technology, voting, and
election administration, to establish a grant program under which the
Office of Justice Programs and the Civil Rights Division of the
Department of Justice shall provide assistance to States and localities
in improving election technology and the administration of Federal
elections, to require States to meet uniform and nondiscriminatory
election technology and administration requirements for the 2004
Federal elections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Equal Protection
of Voting Rights Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--ESTABLISHMENT OF COMMISSION ON VOTING RIGHTS AND PROCEDURES
Sec. 101. Establishment.
Sec. 102. Membership of the Commission.
Sec. 103. Duties of the Commission.
Sec. 104. Powers of the Commission.
Sec. 105. Commission personnel matters.
Sec. 106. Termination of the Commission.
Sec. 107. Authorization of appropriations for the Commission.
TITLE II--ELECTION TECHNOLOGY AND ADMINISTRATION IMPROVEMENT GRANT
PROGRAM
Sec. 201. Establishment of grant program.
Sec. 202. Authorized activities.
Sec. 203. General policies and criteria for the approval of
applications of States and localities;
requirements of State plans.
Sec. 204. Submission of applications of States and localities.
Sec. 205. Approval of applications of States and localities.
Sec. 206. Federal matching funds.
Sec. 207. Audits and examinations of States and localities.
Sec. 208. Reports to Congress and the Attorney General.
Sec. 209. Definitions of State and locality.
Sec. 210. Authorization of appropriations.
TITLE III--REQUIREMENTS FOR ELECTION TECHNOLOGY AND ADMINISTRATION
Sec. 301. Uniform and nondiscriminatory requirements for election
technology and administration.
Sec. 302. Guidelines and technical specifications.
Sec. 303. Requiring States to meet requirements.
Sec. 304. Enforcement by Attorney General.
TITLE IV--MISCELLANEOUS
Sec. 401. Relationship to other laws.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental and incontrovertible
right under the Constitution.
(2) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the right
to vote is a fundamental right under the Constitution.
(3) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the United
States is a democratic Government ``of the people, by the
people, and for the people'' where every vote counts.
(4) There is a need for Congress to encourage and enable
every eligible American to vote by eliminating procedural,
physical, and technological obstacles to voting.
(5) There is a need to counter discrimination in voting by
removing barriers to the exercise of the constitutionally
protected right to vote.
(6) There is a concern that persons with disabilities and
impairments face difficulties in voting.
(7) There are practices designed to purge illegal voters
from voter rolls which result in the elimination of legal
voters as well.
(8) State governments have already begun to examine ways to
improve the administration of elections and to modernize
mechanisms and machinery for voting.
(9) Congress has authority under section 4 of article I of
the Constitution of the United States, section 5 of the 14th
amendment to the Constitution of the United States, and section
2 of the 15th amendment to the Constitution of the United
States to enact legislation to address the equal protection
violations that may be caused by outdated voting systems.
(10) Congress has an obligation to ensure that the
necessary resources are available to States and localities to
improve election technology and election administration and to
ensure the integrity of and full participation of all Americans
in the democratic elections process.
TITLE I--ESTABLISHMENT OF COMMISSION ON VOTING RIGHTS AND PROCEDURES
SEC. 101. ESTABLISHMENT.
There is established the Commission on Voting Rights and Procedures
(in this title referred to as the ``Commission'').
SEC. 102. MEMBERSHIP OF THE COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 12
members of whom--
(1) 6 members shall be appointed by the President;
(2) 3 members shall be appointed by the Minority Leader of
the Senate (or, if the Minority Leader is a member of the same
political party as the President, by the Majority Leader of the
Senate); and
(3) 3 members shall be appointed by the Minority Leader of
the House of Representatives (or, if the Minority Leader is a
member of the same political party as the President, by the
Majority Leader of the House of Representatives).
(b) Qualifications.--Each member appointed under subsection (a)
shall be chosen on the basis of--
(1) experience with, and knowledge of--
(A) election law;
(B) election technology;
(C) Federal, State, or local election
administration;
(D) the Constitution; or
(E) the history of the United States; and
(2) integrity, impartiality, and good judgment.
(c) Period of Appointment; Vacancies.--
(1) Period of appointment.--Each member shall be appointed
for the life of the Commission.
(2) Vacancies.--
(A) In general.--A vacancy in the Commission shall
not affect its powers.
(B) Manner of replacement.--Not later than 60 days
after the date of the vacancy, a vacancy on the
Commission shall be filled in the same manner as the
original appointment was made and shall be subject to
any conditions which applied with respect to the
original appointment.
(d) Chairperson; Vice Chairperson.--
(1) In general.--The Commission shall elect a chairperson
and vice chairperson from among its members.
(2) Political affiliation.--The chairperson and vice
chairperson may not be affiliated with the same political
party.
(e) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than 45 days after the date of
enactment of this Act.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the chairperson.
(2) Initial meeting.--Not later than 20 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Voting.--Each action of the Commission shall be approved by a
majority vote of the entire Commission. Each member shall have 1 vote.
SEC. 103. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study of--
(A) election technology and systems;
(B) designs of ballots and the uniformity of
ballots;
(C) access to ballots and polling places, including
timely notice of voting locations and matters relating
to access for--
(i) voters with disabilities;
(ii) voters with visual impairments;
(iii) voters with limited English language
proficiency;
(iv) voters who need assistance in order to
understand the voting process or how to cast a
ballot; and
(v) other voters with special needs;
(D) the effect of the capacity of voting systems on
the efficiency of election administration, including
how the number of ballots which may be processed by a
single machine over a period of time affects the number
of machines needed to carry out an election at a
particular polling place and the number of polling
places and other facilities necessary to serve the
voters;
(E) voter registration and maintenance of voter
rolls, including the use of provisional voting and
standards for reenfranchisement of voters;
(F) alternative voting methods;
(G) voter intimidation, both real and perceived;
(H) accuracy of voting, election procedures, and
election technology;
(I) voter education;
(J) election personnel and volunteer training;
(K)(i) the implementation of title I of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff et seq.) and the amendments made by title
II of that Act by--
(I) the Secretary of Defense, acting as the
Presidential designee under section 101 of that
Act (42 U.S.C. 1973ff);
(II) each other Federal Government official
having responsibilities under that Act; and
(III) each State; and
(ii) whether any legislative or administrative
action is necessary to provide a meaningful opportunity
for each absent uniformed services voter (as defined in
section 107(1) of that Act (42 U.S.C. 1973ff-6(1))) and
each overseas voter (as defined in section 107(5) of
that Act (42 U.S.C. 1973ff-6(5))) to register to vote
and vote in elections for Federal office;
(L) the feasibility and advisability of
establishing the date on which elections for Federal
office are held as a Federal or State holiday;
(M) the feasibility and advisability of
establishing modified polling place hours, and the
effects thereof; and
(N)(i) how the Federal Government can, on a
permanent basis, best provide ongoing assistance to
State and local authorities to improve the
administration of elections for Federal office;
(ii) how the requirements for voting systems,
provisional voting, and sample ballots described in
section 301 can, on a permanent basis, best be
administered; and
(iii) whether an existing or a new Federal agency
should provide such assistance.
(2) Website.--In addition to any other publication
activities the Commission may be required to carry out, for
purposes of conducting the study under this subsection the
Commission shall establish an Internet website to facilitate
public comment and participation.
(b) Recommendations.--
(1) Recommendations of best practices in voting and
election administration.--The Commission shall develop specific
recommendations with respect to the matters studied under
subsection (a) that identify those methods of voting and
administering elections studied by the Commission that would--
(A) be convenient, accessible, nondiscriminatory,
and easy to use for voters in elections for Federal
office, including voters with disabilities, voters with
visual impairments, absent uniformed services voters,
overseas voters, and other voters with special needs,
including voters with limited English language
proficiency or who otherwise need assistance in order
to understand the voting process or to cast a ballot;
(B) yield the broadest participation; and
(C) produce accurate results.
(2) Recommendations for providing assistance in federal
elections.--The Commission shall develop specific
recommendations with respect to the matters studied under
subsection (a)(1)(N) on how the Federal Government can, on a
permanent basis, best provide ongoing assistance to State and
local authorities to improve the administration of elections
for Federal office, and identify whether an existing or a new
Federal agency should provide such assistance.
(3) Recommendations for voter participation in federal
elections.--The Commission shall develop specific
recommendations with respect to the matters studied under
subsection (a) on methods--
(A) to increase voter registration;
(B) to increase the accuracy of voter rolls and
participation and inclusion of legal voters;
(C) to improve voter education; and
(D) to improve the training of election personnel
and volunteers.
(4) Consistency with election technology and administration
requirements.--The Commission shall ensure that the specific
recommendations developed under this subsection are consistent
with the uniform and nondiscriminatory election technology and
administration requirements under section 301.
(c) Reports.--
(1) Interim reports.--Not later than the date on which the
Commission submits the final report under paragraph (2), the
Commission may submit to the President and Congress such
interim reports as a majority of the members of the Commission
determine appropriate.
(2) Final report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commission shall
submit to the President and Congress a final report
that has received the approval of a majority of the
members of the Commission.
(B) Content.--The final report shall contain--
(i) a detailed statement of the findings
and conclusions of the Commission on the
matters studied under subsection (a);
(ii) a detailed statement of the
recommendations developed under subsection (b)
which received a majority vote of the members
of the Commission; and
(iii) any dissenting or minority opinions
of the members of the Commission.
SEC. 104. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this title--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or member
considers advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Any subpoena issued under subsection (a)
shall be issued by the chairperson and vice chairperson of the
Commission acting jointly. Each subpoena shall bear the
signature of the chairperson of the Commission and shall be
served by any person or class of persons designated by the
chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
(c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or subpoenaed to appear
at any hearing of the Commission. The per diem and mileage allowances
for witnesses shall be paid from funds available to pay the expenses of
the Commission.
(d) 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 title. Upon request of
the chairperson and vice chairperson of the Commission acting jointly,
the head of such department or agency shall furnish such information to
the Commission.
(e) 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.
(f) Administrative Support Services.--Upon the request of the
chairperson and vice chairperson of the Commission acting jointly, the
Administrator of the General Services Administration 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 title.
(g) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry out this
title.
(h) Application of Federal Advisory Committee Act.--Except as
otherwise provided in this Act, the Commission shall be subject to the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 105. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed 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.
(c) Staff.--
(1) In general.--The chairperson and vice chairperson of
the Commission, acting jointly, may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may
be necessary to enable the Commission to perform its duties.
The employment of an executive director shall be subject to
confirmation by the Commission.
(2) Compensation.--The chairperson and vice chairperson of
the Commission, acting jointly, may fix the compensation of the
executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
chairperson and vice chairperson of the Commission, acting jointly, may
procure temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316 of such title.
SEC. 106. TERMINATION OF THE COMMISSION.
The Commission shall terminate 45 days after the date on which the
Commission submits its final report and recommendations under section
103(c)(2).
SEC. 107. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of this title.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
TITLE II--ELECTION TECHNOLOGY AND ADMINISTRATION IMPROVEMENT GRANT
PROGRAM
SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.
(a) In General.--The Attorney General, subject to the general
policies and criteria for the approval of applications established
under section 203 and in consultation with the Federal Election
Commission, is authorized to make grants to States and localities to
pay the Federal share of the costs of the activities described in
section 202.
(b) Action Through Office of Justice Programs and Assistant
Attorney General for Civil Rights.--In carrying out this title, the
Attorney General shall act through the Assistant Attorney General for
the Office of Justice Programs and the Assistant Attorney General for
the Civil Rights Division.
SEC. 202. AUTHORIZED ACTIVITIES.
(a) In General.--A State or locality may use grant payments
received under this title--
(1) to improve, acquire, or replace voting equipment or
technology and improve the accessibility of polling places,
including providing physical access for persons with
disabilities and to other individuals with special needs, and
nonvisual access for voters with visual impairments, and
assistance to voters with limited proficiency in the English
language;
(2) to implement new election administration procedures to
increase voter participation and reduce disenfranchisement,
such as ``same-day'' voter registration procedures;
(3) to educate voters concerning voting procedures, voting
rights or voting technology, and to train election personnel;
or
(4) upon completion of the final report under section
103(c)(2), to implement recommendations contained in such
report under section 103(c)(2)(B)(ii).
(b) Requirements for Election Technology and Administration.--A
State or locality may use grant payments received under this title--
(1) on or after the date on which the voting system
requirements specifications are issued under section 302(a), to
implement the requirements under section 301(a);
(2) on or after the date on which the provisional voting
requirements guidelines are issued under section 302(b), to
implement the requirements under section 301(b); and
(3) on or after the date on which the sample ballot
requirements guidelines are issued under section 302(c), to
implement the requirements under section 301(c).
SEC. 203. GENERAL POLICIES AND CRITERIA FOR THE APPROVAL OF
APPLICATIONS OF STATES AND LOCALITIES; REQUIREMENTS OF
STATE PLANS.
(a) General Policies.--The Attorney General shall establish general
policies with respect to the approval of applications of States and
localities, the awarding of grants, and the use of assistance made
available under this title.
(b) Criteria.--
(1) In general.--The Attorney General shall establish
criteria with respect to the approval of applications of States
and localities submitted under section 204, including the
requirements for State plans under paragraph (2).
(2) Requirements of state plans.--The Attorney General
shall not approve an application of a State unless the State
plan of that State provides for each of the following:
(A) Uniform nondiscriminatory voting standards
within the State for election administration and
technology that--
(i) meet the requirements for voting
systems, provisional voting, and sample ballots
described in section 301;
(ii) provide for ease and convenience of
voting for all voters, including accuracy,
nonintimidation, and nondiscrimination;
(iii) ensure conditions for voters with
disabilities, including nonvisual access for
voters with visual impairments, provide the
same opportunity for access and participation
by such voters, including privacy and
independence;
(iv) ensure access for voters with limited
English language proficiency, voters who need
assistance in order to understand the voting
process or how to cast a ballot, and other
voters with special needs;
(v) ensure compliance with the Voting
Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee et seq.);
(vi) ensure compliance with the Voting
Rights Act of 1965 (42 U.S.C. 1973 et seq.),
including sections 4(f)(4) and 203 of such Act
(42 U.S.C. 1973b(f)(4) and 1973aa-1a);
(vii) ensure compliance with the National
Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.); and
(viii) ensure that overseas voters and
absent uniformed service voters (as such terms
are defined in section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-6)) have a meaningful opportunity
to exercise their voting rights as citizens of
the United States.
(B) Accuracy of the records of eligible voters in
the States to ensure that legally registered voters
appear in such records and prevent any purging of such
records to remove illegal voters that result in the
elimination of legal voters as well.
(C) Voter education programs regarding the right to
vote and methodology and procedures for participating
in elections and training programs for election
personnel and volunteers, including procedures to carry
out subparagraph (D).
(D) An effective method of notifying voters at
polling places on the day of election of basic voting
procedures to effectuate their vote as provided for in
State and Federal law.
(E) A timetable for meeting the elements of the
plan.
(3) Consistency with election technology and administration
requirements.--The criteria established by the Attorney General
under this subsection and the State plans required under this
subsection shall be consistent with the uniform and
nondiscriminatory election technology and administration
requirements under section 301.
(c) Consultation.--In establishing the general policies and
criteria under this section, the Attorney General shall consult with
the Federal Election Commission.
SEC. 204. SUBMISSION OF APPLICATIONS OF STATES AND LOCALITIES.
(a) Submission of Applications by States.--
(1) In general.--Subject to paragraph (3), the chief
executive officer of each State desiring to receive a grant
under this title shall submit an application to the Attorney
General at such time, in such manner, and accompanied by such
additional information as the Attorney General, in consultation
with the Federal Election Commission, may reasonably require.
(2) Contents of applications.--Each application submitted
under paragraph (1) shall include the following:
(A) State plan.--A State plan that--
(i) is developed in consultation with State
and local election officials;
(ii) describes the activities authorized
under section 202 for which assistance under
this title is sought; and
(iii) contains a detailed explanation of
how the State will comply with the requirements
described in section 203(b).
(B) Compliance with federal matching
requirements.--An assurance that the State will pay the
non-Federal share of the costs of the activities for
which assistance is sought from non-Federal sources
that may be accompanied by a request for a waiver of
the matching requirements under section 206(b)(2).
(C) Additional assurances.--Such additional
assurances as the Attorney General, in consultation
with the Federal Election Commission, determines to be
essential to ensure compliance with the requirements of
this title.
(3) Availability of state plans for review and comment.--A
State submitting an application under this section shall make
the State plan proposed to be included in that application
available to the public for review and comment prior to the
submission of the application.
(b) Submission of Applications by Localities.--
(1) In general.--If a State has submitted an application
under subsection (a), a locality of that State may submit an
application for assistance to the Attorney General at such
time, in such manner, and accompanied by such additional
information as the Attorney General, in consultation with the
Federal Election Commission, may reasonably require.
(2) Contents of applications.--Each application submitted
by a locality under paragraph (1) shall include the following:
(A) Consistency with state plan.--Information
similar to the information required to be submitted
under the State plan under subsection (a)(2)(A) that is
not inconsistent with that plan.
(B) Nonduplication of effort.--Assurances that any
assistance directly provided to the locality under this
title is not available to that locality through the
State.
(C) Compliance with federal matching
requirements.--A description of how the locality will
pay the non-Federal share from non-Federal sources that
may be accompanied by a request for a waiver of the
matching requirements under section 206(b)(2).
(D) Additional assurances.--Such additional
assurances as the Attorney General, in consultation
with the Federal Election Commission, determines to be
essential to ensure compliance with the requirements of
this title.
SEC. 205. APPROVAL OF APPLICATIONS OF STATES AND LOCALITIES.
(a) Approval of State Applications.--
(1) In general.--The Attorney General, in consultation with
the Federal Election Commission, shall approve applications in
accordance with the general policies and criteria for the
approval of applications established under section 203.
(2) Publication of state plans and solicitation of
comments.--After receiving an application of a State submitted
under section 204(a)(1), the Attorney General shall publish the
State plan contained in that application in the Federal
Register and solicit comments on the plan from the public. The
publication of and the solicitation of comments on such a plan
pursuant to this subsection shall not be treated as an exercise
of rulemaking authority by the Attorney General for purposes of
subchapter II of chapter 5 of title 5, United States Code.
(3) Approval.--At any time after the expiration of the 30-
day period which begins on the date the State plan is published
in the Federal Register under subsection (a), and taking into
consideration any comments received under such subsection, the
Attorney General, in consultation with the Federal Election
Commission, shall approve or disapprove the application that
contains the State plan published under paragraph (2) in
accordance with the general policies and criteria established
under section 203.
(b) Approval of Applications of Localities.--If the Attorney
General has approved the application of a State under subsection (a),
the Attorney General, in consultation with the Federal Election
Commission, may approve an application submitted by a locality of that
State under section 204(b) in accordance with the general policies and
criteria established under section 203.
SEC. 206. FEDERAL MATCHING FUNDS.
(a) Payments.--The Attorney General shall pay to each State or
locality having an application approved under section 205 the Federal
share of the cost of the activities described in that application.
(b) Federal Share.--
(1) In general.--Subject to paragraphs (2), (3), and (4),
for purposes of subsection (a), the Federal share shall be 80
percent.
(2) Waiver.--The Attorney General may specify a Federal
share greater than 80 percent under terms and conditions
consistent with this title.
(3) Incentive for early action.--For any recipient of a
grant whose application was received prior to March 1, 2002,
the Federal share shall be 90 percent.
(4) Reimbursement for cost of meeting requirements.--With
respect to the authorized activities described in section
202(b) insofar as a State or locality incurs expenses to meet
the requirements of section 301, the Federal share shall be 100
percent.
(c) Non-Federal Share.--The non-Federal share of payments under
this title may be in cash or in kind fairly evaluated, including
planned equipment or services.
SEC. 207. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
(a) Recordkeeping Requirement.--Each recipient of a grant under
this title shall keep such records as the Attorney General, in
consultation with the Federal Election Commission, shall prescribe.
(b) Audit and Examination.--The Attorney General and the
Comptroller General, or any authorized representative of the Attorney
General or the Comptroller General, shall audit any recipient of a
grant under this title and shall have access to any record of a
recipient of a grant under this title that the Attorney General or the
Comptroller General determines may be related to a grant received under
this title for the purpose of conducting an audit or examination.
SEC. 208. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
(a) Reports to Congress.--Not later than January 31, 2003, and each
year thereafter, the Attorney General shall submit to the President and
Congress a report on the program under this title for the preceding
year. Each report shall contain the following:
(1) A description and analysis of any activities funded by
a grant awarded under this title.
(2) Any recommendation for legislative or administrative
action that the Attorney General considers appropriate.
(b) Reports to the Attorney General.--The Attorney General shall
require each recipient of a grant under this title to submit reports to
the Attorney General, at such time, in such manner, and containing such
information as the Attorney General considers appropriate.
SEC. 209. DEFINITIONS OF STATE AND LOCALITY.
In this title:
(1) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, and the United States Virgin
Islands.
(2) Locality.--The term ``locality'' means a political
subdivision of a State.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) In general.--There are authorized to be appropriated to
the Department of Justice such sums as may be necessary for
each of fiscal years 2002, 2003, 2004, 2005, and 2006.
(2) Use of amounts.--Amounts appropriated under paragraph
(1) shall be for the purpose of--
(A) awarding grants under this Act; and
(B) paying for the costs of administering the
program to award such grants.
(3) Federal election commission.--There are authorized to
be appropriated to the Federal Election Commission for each of
fiscal years 2002, 2003, 2004, 2005, and 2006 such sums as may
be necessary for the purpose of carrying out the provisions of
this Act.
(b) Limitation.--Not more than 1 percent of any sums appropriated
under paragraph (1) of subsection (a) may be used to pay for the
administrative costs described in paragraph (2)(B) of such subsection.
(c) Supplemental Appropriations.--There are authorized to be
appropriated as supplemental appropriations for fiscal year 2001, such
sums as the Department of Justice and the Federal Election Commission
consider necessary to carry out the provisions of this Act.
TITLE III--REQUIREMENTS FOR ELECTION TECHNOLOGY AND ADMINISTRATION
SEC. 301. UNIFORM AND NONDISCRIMINATORY REQUIREMENTS FOR ELECTION
TECHNOLOGY AND ADMINISTRATION.
(a) Voting Systems.--Each voting system used in an election for
Federal office shall meet the following requirements:
(1) The voting system shall permit the voter to verify the
votes selected by the voter on a ballot before the ballot is
cast and tabulated, and shall provide the voter with the
opportunity to correct any error before the ballot is cast and
tabulated.
(2) If the voter selects votes for more than one candidate
for a single office, the voting system shall notify the voter
before the ballot is cast and tabulated of the effect of
casting multiple votes for the office, and shall provide the
voter with the opportunity to correct the ballot before the
ballot is cast and tabulated.
(3) If the voter selects votes for fewer than the number of
candidates for which votes may be cast, the voting system shall
notify the voter before the ballot is cast and tabulated of the
effect of such selection, and shall provide the voter with the
opportunity to correct the ballot before the ballot is cast and
tabulated.
(4) The voting system shall produce a record with an audit
capacity for each ballot cast.
(5) The voting system shall be accessible for individuals
with disabilities and other individuals with special needs,
including providing nonvisual accessibility for the blind and
visually impaired, which provides the same opportunity for
access and participation (including privacy and independence)
as for other voters, and shall provide alternative language
accessibility for individuals with limited proficiency in the
English language.
(6) The error rate of a voting system in counting and
tabulating ballots (determined by taking into account only
those errors which are attributable to the voting system and
not attributable to the act of the voter) shall not exceed the
error rate standards as established in the national Voting
Systems Standards issued and maintained by the Office of
Election Administration of the Federal Election Commission in
effect on the date of enactment of this Act and shall not be
inconsistent with respect to the requirements under section
301.
(b) Provisional Voting.--If the name of an individual who declares
to be a registrant eligible to vote at a polling place in an election
for Federal office does not appear on the official list of registrants
eligible to vote at the polling place, or it is otherwise asserted by
an election official that the individual is not eligible to vote at the
polling place--
(1) an election official at the polling place shall notify
the individual that the individual may cast a provisional
ballot in the election;
(2) the individual shall be permitted to cast a vote at
that polling place upon written affirmation by the individual
before an election official at that polling place that the
individual is so eligible;
(3) an election official at the polling place shall
transfer the ballot cast by the individual to an appropriate
State or local election official for prompt verification of the
declaration made by the individual in the affirmation required
under paragraph (2);
(4) if the appropriate State or local election official
verifies the declaration made by the individual in the
affirmation, the individual's vote shall be tabulated; and
(5) the appropriate State or local election official shall
notify the individual in writing of the final disposition of
the individual's affirmation and the treatment of the individual's
vote.
(c) Sample Ballot.--
(1) Mailings to voters.--Not later than 10 days prior to
the date of an election for Federal office, the appropriate
election official shall mail to each individual who is
registered to vote in such election a sample version of the
ballot which will be used for the election together with--
(A) information regarding the date of the election
and the hours during which polling places will be open;
(B) instructions on how to cast a vote on the
ballot; and
(C) general information on voting rights under
Federal and applicable State laws and instructions on
how to contact the appropriate officials if these
rights are alleged to be violated.
(2) Publication and posting.--The sample version of the
ballot which will be used for an election for Federal office
and which is mailed under paragraph (1) shall be published in a
newspaper of general circulation in the applicable geographic
area not later than 10 days prior to the date of the election,
and shall be posted publicly at each polling place on the date
of the election.
SEC. 302. GUIDELINES AND TECHNICAL SPECIFICATIONS.
(a) Voting Systems Requirement Specifications.--In accordance with
the requirements of this title regarding technical specifications, the
Office of Election Administration of the Federal Election Commission
shall develop national Voting Systems Specifications with respect to
the voting systems requirement provided under section 301(a).
(b) Provisional Voting Guidelines.--In accordance with the
requirements of this title regarding provisional voting, the Civil
Rights Division of the Department of Justice shall develop initial
guidelines with respect to the provisional voting requirement provided
for under section 301(b).
(c) Sample Ballot Guidelines.--In accordance with the requirements
of this title regarding sample ballots, the Civil Rights Division of
the Department of Justice shall develop initial guidelines with respect
to the sample ballot requirement provided for under section 301(c).
SEC. 303. REQUIRING STATES TO MEET REQUIREMENTS.
(a) In General.--Subject to subsection (b), a State or locality
shall meet the requirements of section 301 with respect to the
regularly scheduled election for Federal office held in the State in
2004 and each subsequent election for Federal office held in the State,
except that a State is not required to meet the guidelines and
technical specifications under section 302 prior to the publication of
such guidelines and specifications.
(b) Treatment of Activities Relating to Voting Systems Under Grant
Program.--To the extent that a State has used funds provided under the
Election Technology and Administration Improvement grant program under
section 202(a) to purchase or modify voting systems in accordance with
the State plan contained in its approved application under such
program, the State shall be deemed to meet the requirements of section
301(a).
SEC. 304. ENFORCEMENT BY ATTORNEY GENERAL.
(a) In General.--The Attorney General may bring a civil action in
an appropriate district court for such relief (including declaratory or
injunctive relief) as may be necessary to carry out this title.
(b) Action Through Office of Civil Rights.--The Attorney General
shall carry out this section through the Office of Civil Rights of the
Department of Justice.
(c) Relation to Other Laws.--The remedies established by this
section are in addition to all other rights and remedies provided by
law.
TITLE IV--MISCELLANEOUS
SEC. 401. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this Act may be construed to authorize
or require conduct prohibited under the following laws, or supersede,
restrict, or limit such laws:
(1) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(2) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(3) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(4) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
1994 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by the Attorney General of a State's
application for a grant under title II, or any other action taken by
the Attorney General or a State under such title, shall not be
considered to have any effect on requirements for preclearance under
section 5 of the Voting Rights Act of 1965 or any other requirements of
such Act.
Calendar No. 239
107th CONGRESS
1st Session
S. 565
_______________________________________________________________________
A BILL
To establish the Commission on Voting Rights and Procedures to study
and make recommendations regarding election technology, voting, and
election administration, to establish a grant program under which the
Office of Justice Programs and the Civil Rights Division of the
Department of Justice shall provide assistance to States and localities
in improving election technology and the administration of Federal
elections, to require States to meet uniform and nondiscriminatory
election technology and administration requirements for the 2004
Federal elections, and for other purposes.
_______________________________________________________________________
November 28, 2001
Reported without amendment