Text: S.3021 — 101st Congress (1989-1990)All Information (Except Text)

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S 3021 IS
101st CONGRESS
2d Session
S. 3021
To establish national voter registration procedures for Presidential and
congressional elections, and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 11 (legislative day, SEPTEMBER 10), 1990
Mr. DOLE (for himself and Mr. STEVENS) introduced the following bill; which
was read twice and referred to the Committee on Rules and Administration
A BILL
To establish national voter registration procedures for Presidential and
congressional 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.
  This Act may be cited as the `National Voter Registration Enhancement Act
  of 1990'.
SEC. 2. FINDINGS AND PURPOSES.
  (a) FINDINGS- The Congress finds that--
  (1) the right to vote is a fundamental right;
  (2) it is the responsibility of each citizen to exercise that right;
  (3) it is the duty of the Federal, State, and local governments to promote
  the exercise of that right;
  (4) discriminatory and unfair registration laws and procedures can have
  a direct and damaging effect on voter participation in elections for
  Federal office;
  (5) such laws and procedures can disproportionately harm voter participation
  in such elections by members of various groups, including racial minorities;
  (6) all citizens of the United States are entitled to be protected from
  vote fraud and from voter registration lists that contain the names of
  ineligible or nonexistent voters, which dilute the worth of qualified
  votes honestly cast; and
  (7) all citizens of the United States are entitled to be governed by elected
  and appointed public officers who are responsible to them and who govern
  in the public interest without corruption, self-dealing, or favoritism.
  (b) PURPOSES-  The purposes of this Act are--
  (1) to increase registration of citizens as voters in elections for
  Federal office;
  (2) to make it possible for Federal, State, and local governments to
  enhance voter participation in elections for Federal office;
  (3) to protect the integrity of the electoral process;
  (4) to ensure the maintenance of accurate and current official voter
  registration lists; and
  (5) to guarantee to the States, and to their citizens, a republican form of
  government, including elections conducted free of fraud, and governmental
  processes conducted free of corruption, self-dealing, or favoritism.
TITLE I--VOTER REGISTRATION ENHANCEMENT
SEC. 101. FEDERAL COORDINATION AND BIENNIAL ASSESSMENT.
  The Attorney General--
  (1) shall be responsible for coordination of Federal functions under
  this Act;
  (2) shall provide information to the States with respect to State
  responsibilities under this Act; and
  (3) shall, not later than June 30 of each odd-numbered year, submit to the
  Congress a report assessing the impact of this Act on the administration
  of elections for Federal office during the preceding 2 calendar years and
  providing recommendations for improvements in Federal and State procedures,
  forms, and other matters affected by this Act.
SEC. 102. RESPONSIBILITY OF CHIEF STATE ELECTION OFFICIAL.
  The chief State election official of each State shall be responsible for
  coordination of State functions under this title.
SEC. 103. VOTER REGISTRATION ENHANCEMENT BLOCK GRANTS.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Attorney General--
  (1) for making grants under this section for fiscal years 1991, 1992,
  and 1993, a total of $25,000,000; and
  (2) such additional sums as may be necessary for administrative expenses
  of the Attorney General in carrying out this title.
  (b) BLOCK GRANTS- (1) From the amounts appropriated under subsection (a)
  for any fiscal year, the Attorney General shall make grants to States,
  through chief State election officials, for the purposes of supporting,
  facilitating, and enhancing voter registration.
  (2) To qualify for a grant under paragraph (1), a State shall match any
  amount of Federal funds dollar for dollar with State funds for voter
  registration enhancement activities, including--
  (A) providing for voter registration for elections for Federal office at
  State departments of motor vehicles;
  (B) providing for registration by mail for elections for Federal office;
  (C) providing for designation of, and the carrying out of, voter registration
  activities at State-related and (upon agreement with the Federal Government
  and nongovernmental entities) Federal and appropriate private-sector
  locations for voter registration for elections for Federal office; and
  (D) providing for uniform and nondiscriminatory programs to ensure that
  official voter registration lists are accurate and current in each State.
  (c) ALLOCATION OF GRANTS- (1) The Attorney General shall by regulation
  establish criteria for allocation of grants among States based on--
  (A) the number of residents of each State;
  (B) the percentage of eligible voters in each State not registered to
  vote; and
  (C) other appropriate factors.
  (2) In promulgating criteria pursuant to paragraph (1), the Attorney
  General shall give special consideration to State-sponsored programs
  designed to improve registration in counties with voter registration
  percentages significantly lower than that for the State as a whole.
  (d) ADMINISTRATIVE REQUIREMENTS- (1) The Attorney General shall by regulation
  establish administrative requirements necessary to carry out this section.
  (2) To be eligible to receive a grant under this section, a State shall
  certify that the State--
  (A) has in place legislative authority and a plan to implement procedures
  to promote and facilitate, to an extent and in such manner as the Attorney
  General may deem adequate to carry out the purposes of this title, voter
  registration for Federal elections--
  (i) in connection with applications for driver's licenses;
  (ii) by mail; or
  (iii) at voter registration centers located conveniently to prospective
  voter registration applicants;
  (B) agrees to use any amount received from a grant under this section in
  accordance with the requirements of this section;
  (C) agrees that any amount received through a grant under this section for
  any period will be used to supplement and increase any State, local, or
  other non-Federal funds that would, in the absence of the grant, be made
  available for the programs and activities for which grants are provided
  under this section and will in no event supplant such State, local, and
  other non-Federal funds; and
  (D) has established fiscal control and fund accounting procedures to ensure
  the proper disbursement of, and accounting for, grants made to the State
  under this section.
  (3) The Attorney General may not prescribe for a State the manner of
  compliance with the requirements of this subsection.
  (e) REPORTS- (1) The chief State election official of a State that receives
  a grant under this section shall submit to the Attorney General annual
  reports on its activities under this section.
  (2) A report required by paragraph (1) shall be in such form and contain
  such information as the Attorney General, after consultation with chief
  State election officials, determines to be necessary to--
  (A) determine whether grant amounts were expended in accordance with
  this section;
  (B) describe activities under this section; and
  (C) provide a record of the progress made toward achieving the purposes
  for which the block grants were provided.
SEC. 104. DEFINITIONS.
  For the purpose of this title--
  (1) the term `chief State election official' means, with respect to a
  State, the officer, employee, or entity with authority, under State law,
  for election administration in the State;
  (2) the term `election' has the meaning stated in section 301(1) of the
  Federal Election Campaign Act of 1971 (2 U.S.C. 431(1));
  (3) the term `Federal office' has the meaning stated in section 301(3)
  of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(3)); and
  (4) the term `State' has the meaning stated in section 301(12) of the
  Federal Election Campaign Act of 1971 (2 U.S.C. 431(12)).
TITLE II--PUBLIC CORRUPTION
SEC. 201. ELECTION FRAUD AND OTHER PUBLIC CORRUPTION.
  (a) AMENDMENT OF TITLE 18 OF THE UNITED STATES CODE- Chapter 11 of title 18,
  United States Code, is amended by adding at the end thereof the following
  new section:
` 225. Public corruption
  `(a) Whoever, in a circumstance described in subsection (d), defrauds,
  or endeavors to defraud, by any scheme or artifice, the inhabitants of
  the United States, a State, a political subdivision of a State, or Indian
  country  of the honest services of an official or employee of the United
  States or the State, political subdivision, or Indian tribal government shall
  be fined under this title, imprisoned for not more than 20 years, or both.
  `(b) Whoever, in a circumstance described in subsection (d), defrauds,
  or endeavors to defraud, by any scheme or artifice, the inhabitants of
  the United States, a State, a political subdivision of a State, or Indian
  country of a fair and impartially conducted election process in any primary,
  runoff, special, or general election--
  `(1) through the procurement, casting, or tabulation of ballots that are
  materially false, fictitious, or fraudulent or that are invalid, under
  the laws of the jurisdiction in which the election is held;
  `(2) through paying or offering to pay any person for voting;
  `(3) through the procurement or submission of voter registrations that
  contain false material information, or omit material information; or
  `(4) through the filing of any report required to be filed under State law
  regarding an election campaign that contains false material information
  or omits material information,
shall be fined under this title, imprisoned for not more than 20 years,
or both.
  `(c) Whoever, being a public official or an official or employee of the
  United States, a State, a political subdivision of a State, or an Indian
  tribal government, in a circumstance described in subsection (d), defrauds
  or endeavors to defraud, by any scheme or artifice, the inhabitants of
  the United States, a State, a political subdivision of a State, or Indian
  Country of the right to have the affairs of the United States, the State,
  political subdivision, or Indian tribal government conducted on the basis
  of complete, true, and accurate material information, shall be fined under
  this title, imprisoned for not more than 20 years, or both.
  `(d) The circumstances referred to in subsections (a), (b), and (c)
  are that--
  `(1) for the purpose of executing or concealing such scheme or artifice
  or attempting to do so, the person so doing--
  `(A) places in any post office or authorized depository for mail matter,
  any matter or thing whatever to be sent or delivered by the Postal Service,
  or takes or receives therefrom, any such matter or thing, or knowingly
  causes to be delivered by mail according to the direction thereon, or at
  the place at which it is directed to be delivered by the person to whom
  it is addressed, any such matter or thing;
  `(B) transmits or causes to be transmitted by means of wire, radio, or
  television communication in interstate or foreign commerce any writings,
  signs, signals, pictures, or sounds;
  `(C) transports or causes to be transported any person or thing, or induces
  any person to travel in or to be transported in, interstate or foreign
  commerce; or
  `(D) in connection with intrastate, interstate, or foreign commerce,
  engages the use of a facility of interstate or foreign commerce;
  `(2) the scheme or artifice affects or constitutes an attempt to affect
  in any manner or degree, or would if executed or concealed so affect,
  interstate or foreign commerce; or
  `(3) as applied to an offense under subsection (b), an objective of the
  scheme or artifice is to secure the election of an official who, if elected,
  would have some authority over the administration of funds derived from
  an Act of Congress totaling $10,000 or more during the 12-month period
  immediately preceding or following the election or date of the offense.
  `(e) Whoever defrauds or endeavors to defraud, by any scheme or artifice,
  the inhabitants of the United States of the honest services of a public
  official or person who has been selected to be a public official shall be
  fined under this title, imprisoned for not more than 20 years, or both.
  `(f) Whoever, being an official, public official, or person who has been
  selected to be a public official, directly or indirectly discharges,
  demotes, suspends, threatens, harasses, or in any manner discriminates
  against an employee or official of the United States, a State, a political
  subdivision of a State, or an Indian tribal government, or endeavors to do
  so, in order to carry out or to conceal any scheme or artifice described
  in this section, shall be fined under this title, imprisoned for not more
  than 5 years, or both.
  `(g) For the purposes of this section--
  `(1) the term `official' includes--
  `(A) any person employed by, exercising any authority derived from, or
  holding any position in an Indian tribal government or the government of
  a State or any subdivision of the executive, legislative, judicial, or
  other branch of government thereof, including a department, independent
  establishment, commission, administration, authority, board, and bureau,
  and a corporation or other legal entity established and subject to control
  by a government or governments for the execution of a governmental or
  intergovernmental program;
  `(B) any person acting or pretending to act under color of official
  authority; and
  `(C) any person who has been nominated, appointed, or selected to be an
  official or who has been officially informed that such person will be so
  nominated, appointed, or selected;
  `(2) the terms `public official' and `person who has been selected to
  be a public official' have the meanings stated in section 201(a) and
  shall also include any person acting or pretending to act under color of
  official authority;
  `(3) the term `State' means a State of the United States, the District of
  Columbia, Puerto Rico, and any other commonwealth, territory, or possession
  of the United States; and
  `(4) the term `under color of official authority' includes any person who
  represents that such person controls, is an agent of, or otherwise acts
  on behalf of an official, a public official, or a person who has been
  selected to be a public official.'.
  (b) TECHNICAL AMENDMENTS- (1) The table of sections for chapter 11 of
  title 18, United States Code, is amended by adding at the end thereof the
  following item:
`225. Public corruption.'.
  (2) Section 1961(1) of title 18, United States Code, is amended by inserting
  `section 225 (relating to public corruption),' after `section 224 (relating
  to sports bribery),'.
  (3) Section 2516(1)(c) of title 18, United States Code, is amended by
  inserting `section 225 (relating to public corruption),' after `section 224
  (bribery in sporting contests),'.
SEC. 202. FRAUD IN INTERSTATE COMMERCE.
  (a) AMENDMENT OF TITLE 18 OF THE UNITED STATES CODE- Section 1343 of title
  18, United States Code, is amended--
  (1) by striking `transmits or causes to be transmitted by means of wire,
  radio, or television communication in interstate or foreign commerce,
  any writings, signs, signals, pictures, or sounds' and inserting `in
  connection with intrastate, interstate, or foreign commerce, engages the
  use of a facility of interstate or foreign commerce'; and
  (2) by inserting `or attempting to do so' after `for the purpose of
  executing such scheme or artifice'.
  (b) TECHNICAL AMENDMENTS- (1) The heading of section 1343 of title 18,
  United States Code, is amended to read as follows:
`Sec. 1343. Fraud by use of facility of interstate commerce'.
  (2) The chapter analysis for chapter 63 of title 18, United States Code,
  is amended by striking the analysis for section 1343 and inserting the
  following:
`1343. Fraud by use of facility of interstate commerce.'.

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