All Information (Except Text) for H.R.3295 - Help America Vote Act of 2002107th Congress (2001-2002)

Popular Titles

Election Reform bill (Identified by CRS)
Improve Voting Process bill (Identified by CRS)

(Sec. 102) Requires the Administrator to establish a program for payment to each eligible State in which a precinct used a punch card voting system or a lever voting system to administer the regularly scheduled general election for Federal office held in November 2000 to replace such systems with other systems meeting the requirements of this Act. Sets the size of the payment at an amount based on the number of qualifying precincts within the State.

(Sec. 103) Sets the minimum aggregate payment amount under these provisions at $5 million.

(Sec. 104) Authorizes appropriations.

Title II: Commission - Subtitle A: Establishment and General Organization - Part 1: Election Assistance Commission - (Sec. 201) Establishes the Election Assistance Commission (Commission) as an independent entity to serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of Federal elections. Authorizes appropriations for FY 2003 through 2005.

Part 2: Election Assistance Commission Standards Board and Board of Advisors - (Sec. 211) Establishes the Election Assistance Commission Standards Board and the Election Assistance Commission Board of Advisors to review the voluntary voting system guidelines developed under Part 3 of this title, the voluntary guidance under title III of this Act, and the best practices recommended under subtitle C for facilitating military and overseas voting.

Part 3: Technical Guidelines Development Committee - (Sec. 221) Establishes the Technical Guidelines Development Committee to assist the Executive Director of the Commission in the development of the voluntary voting system guidelines.

(Sec. 222) Prescribes a process for final adoption of such guidelines.

Subtitle B: Testing, Certification, Decertification, and Recertification of Voting System Hardware and Software - (Sec. 231) Requires the Commission to provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories. Gives States the option of providing for testing, certification, decertification, or recertification of its voting system hardware and software by the laboratories accredited by the Commission. Directs the Director of the National Institute of Standards and Technology to provide a list of independent, non-Federal laboratories recommended for accreditation to: (1) carry out such testing, certification, decertification, and recertification; and (2) monitor and review accredited laboratory performance on an ongoing basis.

Subtitle C: Studies and Other Activities to Promote Effective Administration of Federal Elections - (Sec. 241) Directs the Commission to conduct, make available to the public, and to report to the President and to specified congressional committees on periodic studies regarding certain election administration issues with the goal of promoting methods of voting and administering elections which will be the most convenient, accessible, and easy to use for voters, will yield the most accurate election results, will be nondiscriminatory, and will be efficient and cost-effective for use.

(Sec. 242) Directs the Commission to: (1) study the best practices for facilitating voting by absent uniform services voters and overseas voters for a report to the President and Congress; (2) assess for Congress the areas of human factor research which feasibly could be applied to voting products and systems design to ensure usability and accuracy of voting products and systems; (3) study and report to the President and Congress on the impact on affected voters of title III subtitle A requirements for voters who register by mail; (4) study and report to Congress on the feasibility and advisability of using social security identification numbers or other information compiled by the Social Security Administration to establish voter registration or other election law eligibility or identification requirements; (5) study and report to specified congressional committees on issues and challenges, specifically the potential for election fraud, presented by incorporating communications and Internet technologies in the Federal, State, and local electoral process; and (6) study the feasibility and advisability of establishing a program under which the Postal Service will waive or otherwise reduce the amount of postage applicable to absentee ballots voters submit in Federal general elections that does not apply to the postage required to send such ballots to voters.

Subtitle D: Election Assistance - Part 1: Requirements Payments - (Sec. 251) Requires the Commission to make yearly payments to qualifying States to meet the requirements of this Act. Requires States to use such payments to meet such requirements, but allows their use as reimbursement for costs incurred in obtaining voting equipment after the November 2000 Federal general election. Permits use of such payments, also, for other activities to improve the administration of elections for Federal office.

(Sec. 253) Requires an eligible State to file a plan for implementation of certain mandatory uniform, nondiscriminatory administrative complaint procedures, and have such procedures in place.

(Sec. 257) Authorizes appropriations for FY 2003 through 2005.

Part 2: Payments to States and Units of Local Government to Assure Access for Individuals with Disabilities - (Sec. 261) Requires the Secretary of Health and Human Services to make yearly payments to eligible States and local governments to assure access to polling places for individuals with disabilities, including the blind and visually impaired, and to provide them with information on accessibility.

(Sec. 264) Authorizes appropriations for FY 2003 through 2005.

Part 3: Grants for Research on Voting Technology Improvements - (Sec. 271) Directs the Commission to make grants to assist eligible 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.

(Sec. 273) Authorizes appropriations for FY 2003.

Part 4: Pilot Program for Testing of Equipment and Technology - (Sec. 281) Directs the Commission to make grants to eligible entities to carry out pilot programs under which new technologies in voting systems and equipment are tested and implemented on a trial basis so that the results of such tests and trials are reported to Congress.

(Sec. 283) Authorizes appropriations for FY 2003.

Part 5: Protection and Advocacy Systems - (Sec. 291) Requires the Secretary to pay the protection and advocacy system of each State to ensure full participation in the electoral process for individuals with disabilities.

(Sec. 292) Authorizes appropriations for FY 2003 through 2006 and subsequent fiscal years.

Part 6: National Student and Parent Mock Election - (Sec. 295) Authorizes the Election Assistance Commission to award grants to the National Student and Parent Mock Election, a national nonprofit, nonpartisan organization that works to promote voter participation in American elections to enable it to carry out voter education activities for students and their parents.

(Sec. 296) Authorizes appropriations for FY 2003 through 2009.

Title III: Uniform and Nondiscriminatory Election Technology and Administration Requirements - Subtitle A: Requirements - (Sec. 301) - Requires each voting system used in an election for Federal office, while maintaining voter privacy and ballot confidentiality, to: (1) permit the voter to verify the votes selected by the voter on the ballot before the ballot is cast and counted; (2) provide the voter with the opportunity to change the ballot or correct any error before the ballot is cast and counted; and (3) if the voter selects votes for more than one candidate for a single office, notify the voter that more than one candidate for office has been selected and of the effect of casting multiple votes for the office, and provide the voter with the opportunity to correct the ballot before the ballot is cast and counted.

Creates an exception for a State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system to meet such requirement by establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office and providing the voter with instructions on how to correct the ballot before it is cast and counted. Requires the voting system to: (1) produce a record with an audit capacity for such system; (2) be accessible for individuals with disabilities in a manner that provides the same opportunity for access and participation as for other voters; (3) provide alternative language accessibility pursuant to the Voting Rights Act of 1965; (4) comply with established error rate standards; and (5) operate according to a uniform definition of what constitutes a vote.

(Sec. 302) Provides for provisional voting by individuals who declare that they are registered to vote in a Federal election in a jurisdiction but who are not on the official list of registered voters or are otherwise alleged to be ineligible. Requires that: (1) such individuals be permitted to cast a provisional ballot; (2) the ballot be promptly verified and counted if determined to be valid under State law; and (3) the voter be able to ascertain whether the vote was counted, and, if the vote was not counted, why it was not counted.

Declares that States that do not require voter registration for Federal elections may meet these provisional voting requirements using voter registration procedures established under applicable State law. Requires: (1) a sample ballot and other voting information to be publicly posted at each polling place on the day of each election for Federal office; and (2) that if polling hours are extended as a result of a court order any individual who votes during the extension will vote by provisional ballot and the ballot cast shall be held separate from other provisional ballots cast by those not affected by the order.

(Sec. 303) Requires each State without voter registration requirements for Federal elections to implement a single, uniform, official, centralized, interactive computerized statewide voter registration list that contains the name and registration information, including a unique identifier, of every legally registered voter in the State to serve as the official voter registration list for the conduct of all elections for Federal office in the State. Requires the appropriate State or local election official to perform list maintenance with respect to the computerized list on a regular basis and to provide adequate technological security measures to prevent unauthorized access to the computerized list.

Requires the State election system to ensure that voter registration records in the State are accurate and are updated regularly. Prescribes minimum requirements for verification of voter registration information, including driver's license number or the last four digits of a Social Security number. Requires voters who register by mail to present a current and valid photo identification when voting in person, or if voting by mail, to enclose a copy of such identification or of a current utility bill, bank statement, or government document showing name and address.

Requires that mail-in voter registration forms developed under the National Voter Registration Act of 1963 include questions requiring voters to verify that they are U.S. citizens and old enough to vote. Requires States to notify voters who fail to complete the question on citizenship and provide them with an opportunity to complete the form before the next Federal election.

(Sec. 304) States that the requirements established by this title are minimum requirements and nothing in this title shall be construed to prevent a State from establishing stricter election technology and administration requirements so long as they are not inconsistent with requirements under this title or specified Federal law.

Subtitle B: Voluntary Guidance - (Sec. 311) Requires the Commission to adopt voluntary guidance to assist States in meeting the requirements of subtitle A and to update voting systems standards recommendations every four years.

(Sec. 312) Specifies elements of the process for adopting voluntary guidance.

Title IV: Enforcement - (Sec. 401) Allows for civil action by the Attorney General against any State or jurisdiction to carry out the uniform and non-discriminatory election technology and administration requirements of title III.

(Sec. 402) Requires: (1) States receiving payment under this Act to establish and maintain State-based administrative complaint procedures with respect to violations of title III; and (2) States not receiving payment either to certify that they meet complaint-procedure requirements or to submit a plan to the Attorney General describing steps to be taken to meet title III requirements. Provides that States without an approved plan shall be deemed to be out of compliance with the requirements.

Title V: Help America Vote College Program - (Sec. 501) Requires the Election Assistance Commission to develop a Help America Vote College Program to: (1) encourage students enrolled at institutions of higher education to assist State and local governments in the administration of elections by serving as nonpartisan poll workers or assistants; and (2) encourage State and local governments to use the services of the students participating in the Program. Authorizes appropriations.

Title VI: Help America Vote Foundation - (Sec. 601) Amends Federal law on patriotic and national observances, ceremonies, and organizations to establish the Help America Vote Foundation as a federally chartered, charitable, and nonprofit corporation to: (1) mobilize secondary school students to participate in the election process in a nonpartisan manner as poll workers or assistants; (2) place secondary school students as nonpartisan poll workers or assistants to local election officials in precinct polling places; 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 tax-exempt organizations to further the purpose of the foundation. Authorizes appropriations.

Title VII: Voting Rights of Military Members and Overseas Citizens - (Sec. 701) Amends Federal armed forces law, as added by the National Defense Authorization Act for Fiscal Year 2002, to require the Secretary of Defense to prescribe procedures to provide the time and resources for voting assistance officers to perform voting assistance duties during the period in advance of a general election. Requires the Secretary, to the maximum extent practicable, to 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. Requires the Secretary to ensure that the measures implemented do not result in the delivery of absentee ballots to their final destination after the date of the Federal election.

Directs the Secretary of each military department, utilizing the voting assistance officer network established for each military installation, to notify members of the armed forces stationed at that installation of the last date before a general election for which absentee ballots mailed from an installation postal facility can reasonably be expected to be timely delivered to the appropriate State and local election officials.

Requires the Secretary to 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, absentee ballot application requirements and deadlines, and the availability of voting assistance officers to assist members and dependents to understand and comply with these requirements. Directs the Secretary to 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 will receive such form at the time of enlistment, or as soon thereafter as practicable.

(Sec. 702) Amends the Uniformed and Overseas Citizens Absentee Voting Act to require: (1) each State to designate a single office responsible for providing information on registration and absentee ballot procedures for all voters in the State; (2) each State and unit of local government which administered an election to report to the Election Assistance Commission on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election, and the combined number of such ballots returned by such voters and cast in the election; (3) provide for an extension of the period covered by a single absentee ballot application; (4) charges the presidential designee under the Act with developing a standard oath for use with voting documents, and providing statistical analysis of voter participation for both overseas voters and absent uniformed services voters; (5) prohibit the refusal of voter registration and absentee ballot applications on grounds of early submission; and (6) set forth other requirements to promote participation of overseas and absent uniformed services voters.

Title VIII: Transition Provisions - Subtitle A: Transfer to Commission of Functions Under Certain Laws - (Sec. 801) Transfers various specified functions to the Election Assistance Commission.

Subtitle B: Coverage of Commission Under Certain Laws and Programs - (Sec. 811) Provides for coverage of the Commission under certain civil service laws and programs, including the Hatch Act and the Inspector General Act of 1978.

Title IX: Miscellaneous Provisions - (Sec. 902) Sets forth miscellaneous requirements for audits and repayment of funds.

(Sec. 903) Amends the National Voter Registration Act of 1993 to make it explicit that State election officials have the ability to remove from the voter registration list the name of an individual who has not responded to a notice from the registrar of voters and who has not voted in two or more consecutive general elections for Federal office.

(Sec. 904) Requires the Attorney General to review existing criminal statutes and report to specified congressional committees on: (1) whether additional statutory offenses are needed to secure the use of the Internet for election purposes; and (2) whether existing penalties provide adequate punishment and deterrence with respect to such offenses.

(Sec. 905) Provides for other criminal penalties for conspiracy to deprive voters of a fair election and for false information in registering and voting.

(Sec. 101) Allows a State or locality that uses a paper ballot voting system, a punchcard voting system, or a central count voting system (including mail-in absentee ballots or mail-in ballots) to meet the requirements of this title by: (1) establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and (2) providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error). Requires the voting system to ensure that any required notification preserves the privacy of the voter and the confidentiality of the ballot.

Requires the voting system to: (1) produce a permanent paper record with a manual audit capacity; and (2) provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced. Requires the printed record produced to be available as an official record for any recount conducted with respect to any Federal election in which the system is used.

Requires the voting system to: (1) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (2) satisfy such requirement through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and (3) meet the voting system standards for disability access if purchased with funds made available under title II of this Act on or after January 1, 2007.

Outlines requirements for voting system alternative language accessibility.

Prohibits the error rate of the voting system in counting ballots from exceeding the error rate standards established under the voting system standards issued and maintained by the Director of the Office of Election Administration of the Federal Election Commission (FEC).

(Sec. 102) Provides that, if an individual declares that he or she is a registered voter in the jurisdiction in which he or she desires and is eligible to vote in a Federal election, but the individual's name does not appear on the official list of eligible voters for the polling place, or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot according to specified procedures.

Requires the appropriate State or local election official to cause voting information to be publicly posted at each polling place on the day of each Federal election.

Limits to the casting of a provisional ballot only any individual who votes in a Federal election for any reason, including a Federal or State court order, after the time set for poll closing by a State law in effect ten days before the election.

(Sec. 103) Requires each State, acting through the chief State election official, to implement an interactive computerized statewide voter registration list that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each one (computerized list). Exempts from such requirement a State in which, under a State law in effect continuously on and after the date of enactment of this Act, there is no voter registration requirement for individuals in the State with respect to Federal elections. Requires: (1) the computerized list to be accessible to each State and local election official in the State; (2) the appropriate State or local election official to perform list maintenance with respect to the computerized list on a regular basis; and (3) with certain exceptions, the Commissioner of Social Security to provide, upon request from a State or locality maintaining an interactive computerized statewide voter registration list, only such information as is necessary to determine the eligibility of an individual to vote under State law. States that any State or locality that receives such information may only share it with election officials.

Prescribes requirements a State shall impose for voting in person or by mail if: (1) the individual is registered to vote in a jurisdiction but has not previously voted in a Federal election in the State; or (2) the individual has not previously voted in such an election in the jurisdiction, and the jurisdiction is located in a State that does not have a computerized list complying with the requirements of this title. Allows an individual who desires to vote in person or by mail, but who does not meet the necessary requirements, to cast a provisional ballot. Requires mail-in voter registration forms to include specific questions pertaining to citizenship and age, boxes for the applicant to check, and a statement telling the applicant not to complete the form if the applicant checked "no" in response to either question.

(Sec. 104) Authorizes the Attorney General, acting through the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice, to bring a civil action in an appropriate district court for declaratory or injunctive relief to carry out this title.

(Sec. 105) States that the requirements established by this title are minimum requirements and nothing in this title shall be construed to prevent a State from establishing stricter election technology and administrative requirements, so long as they are not inconsistent with these.

Title II: Grant Programs - Subtitle A: Uniform and Nondiscriminatory Election Technology and Administration Requirements Grant Program - Establishes a Uniform and Nondiscriminatory Election Technology and Administration Requirements Grant Program under which the Attorney General may make grants to approved applicant States and localities to pay the costs of: (1) implementing voting system standards; (2) providing for provisional voting; and (3) establishing a computerized statewide voter registration list.

(Sec. 207) Outlines requirements for audits and examinations of States and localities.

(Sec. 209) Authorizes appropriations.

Subtitle B: Federal Election Reform Incentive Grant Program - Establishes a Federal Election Reform Incentive Grant Program under which the Attorney General may make grants to approved applicant States and localities to pay the Federal share of the costs to: (1) improve, acquire, lease, modify, or replace voting systems and technology, and improve the accessibility of polling places; (2) implement new election administration procedures to increase voter participation and reduce disenfranchisement, such as "same-day" voter registration procedures; (3) educate voters concerning voting procedures, voting rights or voting technology, and train election personnel; (4) implement new election administration procedures such as requiring individuals to present identification at the polls and programs to identify, to deter, and to investigate voting fraud and refer allegations of voting fraud to the appropriate authority; (5) meet the requirements of current Federal election law; and (6) establish toll-free telephone hotlines for voter reporting of possible voting fraud and voting rights violations and general election information.

(Sec. 216) Outlines requirements for audits and examinations of States and localities.

(Sec. 218) Authorizes appropriations for FY 2002.

Subtitle C: Federal Election Accessibility Grant Program - Establishes a Federal Election Accessibility Grant Program under which the Attorney General may make grants to approved applicant States and localities to pay the Federal share of the costs to: (1) make polling places accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation as for other voters; and (2) provide individuals with disabilities and the other described individuals with information about the accessibility of polling places.

(Sec. 226) Outlines requirements for audits and examinations of States and localities.

(Sec. 228) Authorizes appropriations for FY 2002.

Subtitle D: National Student/Parent Mock Election - Authorizes the Election Administration Commission (EAC) to award grants to the National Student/Parent Mock Election, a national nonprofit, nonpartisan organization that works to promote voter participation in American elections to enable it to carry out voter education activities for students and their parents. Authorizes appropriations through FY 2008.

Title III: Administration - Subtitle A: Election Administration Commission - Establishes the Election Administration Commission (EAC) as an independent establishment to: (1) serve as a clearinghouse, gather information, conduct studies, and issue reports concerning issues relating to Federal elections; (2) carry out specified requirements of the National Voter Registration Act of 1993; (3) make Federal election system information available to the public and media; (4) compile and make available to the public the official certified results of Federal elections and statistics regarding national voter registration and turnout; (5) establish an Internet website to facilitate public access, public comment, and public participation in the activities of the Commission, and make all information on such website available in print; (6) conduct a specified study on first time voters who register by mail; and (7) administer the voting systems standards, the provisional voting requirements, computerized statewide voter registration list requirements, requirements for voters who register by mail under title I of this Act, and the Uniform and Nondiscriminatory Election Technology and Administration Requirements Grant Program, the Federal Election Reform Incentive Grant Program, and the Federal Election Accessibility Grant Program under title II of this Act. Authorizes appropriations.

Subtitle B: Transition Provisions - Transfers to the EAC various specified functions of the FEC, as well as various referenced functions of the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice within this Act, and other specified officials and entities.

(Sec. 315) Covers EAC personnel under the Hatch Act Reform Amendments of 1993 and the Inspector General Act of 1978, but excludes them from the Senior Executive Service.

Subtitle C: Advisory Committee on Electronic Voting and the Electoral Process - Establishes the Advisory Committee on Electronic Voting and the Electoral Process to study and report to Congress and the EAC on issues and challenges, especially the potential for election fraud, presented by incorporating communications and Internet technologies in the Federal, State, and local electoral process.

Title IV: Uniformed Services Election Reform - Amends the Uniformed and Overseas Citizens Absentee Voting Act, as amended by the National Defense Authorization Act for Fiscal Year 2002, to prohibit a State from refusing to count a ballot submitted in a Federal election by an absent uniformed services voter solely on the grounds: (1) that the ballot lacked a notarized witness signature, an address (other than on a Federal write-in absentee ballot, commonly known as `SF186'), a postmark if there are any other indicia that the vote was cast in a timely manner, or an overseas postmark; or (2) solely on the basis of a comparison of signatures on ballots, envelopes, or registration forms unless there is a lack of reasonable similarity between the signatures.

(Sec. 402) Makes other changes to such Act to: (1) increase the access to the polls of uniformed services voters and recently separated uniformed services voters; and (2) prohibit a State from refusing to accept or process, with respect to any Federal election, any otherwise valid voter registration application or absentee ballot application submitted by an absent uniformed services voter during a year on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such an application by absentee voters who are not members of the uniformed services.

(Sec. 404) Directs the Secretary of Defense, as part of any voting assistance program conducted by the Secretary, to distribute to each State enough copies of the Federal military voting laws so that the State is able to distribute a copy to each jurisdiction of the State.

(Sec. 406) Directs the EAC to study and report to Congress on the feasibility and advisability of providing for permanent registration of overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, as amended by the National Defense Authorization Act for Fiscal Year 2002 and this title.

Requires each State to designate a single office responsible for providing Federal election voter registration and absentee ballot procedure information to all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State.

Requires the EAC to study and report to Congress on the feasibility and advisability of making such State office responsible for the acceptance of valid voter registration applications, absentee ballot applications, and absentee ballots from each absent uniformed services voter or overseas voter who wishes to so register or vote.

(Sec. 407) Requires each State and local government, within 120 days of each regularly scheduled general Federal election, to report to the EAC and the general public on the number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election, and the number that were returned by such voters and cast in the election.

Requires the EAC to develop a standardized format for such reports.

(Sec. 408) Requires a State, with respect to each absent uniformed services voter and each overseas voter whose voter registration application or absentee ballot request is rejected, to provide the voter with the reasons why.

(Sec. 409) Directs the EAC to study and report to Congress on the feasibility and advisability of: (1) prescribing a standard oath for use with any document under the Uniformed and Overseas Citizens Absentee Voting Act affirming that a material misstatement of fact in the completion of such a document may constitute grounds for a conviction for perjury; and (2) requiring any State that requires an oath or affirmation to accompany any such document to use the standard oath.

(Sec. 410) Directs the EAC to study and report to Congress on the feasibility and advisability of prohibiting a State from refusing to accept any voter registration application, absentee ballot, request, or absentee ballot submitted by an absent uniformed services voter or overseas voter on the grounds that the document involved is not notarized.

Title V: Criminal Penalties; Miscellaneous - Requires the Attorney General to review and report to Congress on existing criminal statutes concerning election offenses to determine whether additional statutory offenses are needed to secure the use of the Internet for election purposes, and whether existing penalties provide adequate punishment and deterrence with respect to such offenses.

(Sec. 502) Establishes criminal penalties for conspiracy to deprive voters of a fair election and for knowingly making a false statement with respect to naturalization, citizenry, or alien registry.

(Sec. 503) Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to permit State and local governments to use social security numbers for voter registration and election administration.

(Sec. 504) Amends Federal armed forces law, as amended by the National Defense Authorization Act for Fiscal Year 2002, to: (1) direct the Secretary of Defense to ensure that voting materials are transmitted expeditiously by military postal authorities at all times; (2) direct the Secretary to 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; (3) direct the Secretary to ensure that the measures implemented do not result in the delivery of absentee ballots to their final destination after the date of the Federal election; (4) direct the Secretary of each military department to 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; (5) require each State to permit absent uniformed services voters to use absentee registration procedures and vote by absentee ballot in general, special, primary, and runoff elections for State and local offices; and (6) accept and process, with respect to any such election, any otherwise valid voter registration application from an absent uniformed services voter if the application is received by the appropriate State election official not less than 30 days before the election.

(Sec. 506) Expresses the sense of the Senate that the Department of Justice and the Committee on Election Reform should take steps to ensure that States and localities are allowed some input into any changes that are made to the electoral process, preferably through some type of advisory committee or commission.

(Sec. 507) Directs the EAC to study and report to Congress on the feasibility and advisability of a program of the FEC and the Postal Service under which the Postal Service must waive the amount of postage applicable with respect to absentee ballots submitted by voters in general Federal elections that does not apply with respect to the postage required to send the absentee ballots to voters.

(Sec. 508) Directs the EAC to develop a Help America Vote College Program to: (1) encourage students enrolled at institutions of higher education to assist State and local governments in the administration of elections by serving as nonpartisan poll workers or assistants; and (2) encourage State and local governments to use the services of the students participating in the Program. Authorizes appropriations.

(Sec. 510) Expresses the sense of Congress that the right to vote in a private and independent manner is a right that should be afforded to all eligible citizens, including citizens with disabilities, and that curbside voting should only be an alternative of the last resort in providing equal voting access to all eligible American citizens.

(Sec. 511) Requires the EAC to report to Congress on the advisability of establishing an election day holiday, including options for holding Federal elections on an existing legal public holiday such as Veterans Day, as proclaimed by the President, or of establishing uniform weekend voting hours.

(Sec. 512) Expresses the sense of the Senate that full funding shall be provided to each State and locality to meet the requirements relating to compliance with election technology and administration pursuant to this Act.

(Sec. 513) Directs the EAC to report to Congress on issues regarding the broadcasting or transmitting by cable of Federal election results including broadcasting practices that may result in the broadcast of false information concerning the location or time of operation of a polling place.

(Sec. 514) Expresses the sense of the Senate that: (1) the provisions of this Act shall not prohibit States from using curbside voting as a last resort to satisfy the voter accessibility requirements of title I of this Act; (2) the provisions of this Act permit States to use Federal funds to purchase new voting machines and to elect to retrofit existing voting machines in lieu of purchasing new machines to meet the voting machine accessibility requirements of title I of this Act; (3) nothing in this Act requires States to replace existing voting machines; (4) nothing under title I specifically requires States to install wheelchair ramps or pave parking lots at each polling location for the accessibility needs of individuals with disabilities; and (5) the EAC, the Attorney General, and the Architectural and Transportation Barriers Compliance Board should recognize the differences that exist between urban and rural areas with respect to the administration of Federal elections under this Act.

Subtitle B: Enhancing Performance of Existing Systems - Directs the Administrator of General Services to establish programs under which the Administrator makes payments to each eligible State or local government which used a punch card voting system to administer the regularly scheduled general election for Federal office held in November 2000 to make technical enhancements to the performance of its punch card voting system.

Subtitle C: General Provisions - Authorizes appropriations for payments under this title.

(Sec. 121) Requires returned funds and funds remaining unexpended to be transferred to the Election Assistance Commission established under title II of this Act and used by the Commission to make Election Fund payments under part 1 of subtitle C of title II.

Title II: Commission - Subtitle A: Establishment and General Organization - Part 1: Election Assistance Commission - Establishes an independent Election Assistance Commission to serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of Federal elections. Authorizes appropriations.

Part 2: Election Assistance Commission Standards Board and Board of Advisors - Establishes the Election Assistance Commission Standards Board and the Election Assistance Commission Board of Advisors to review any of the voluntary standards for engineering and procedural performance, for maintenance and enhancement of the accessibility and privacy of registration facilities, polling places, and voting methods, and for election management practices recommended by the Commission under subtitle B.

Subtitle B: Voluntary Election Standards - Directs the Commission to develop, adopt, and update voluntary engineering and procedural performance standards for voting systems used in Federal elections which are required to meet specified requirements.

(Sec. 222) Establishes the Technical Standards Development Committee to assist the Executive Director of the Commission by recommending standards to ensure the usability, accuracy, security, accessibility, and integrity of voting systems and voting equipment.

(Sec. 224) Directs the Commission to: (1) provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories; and (2) disseminate to the public information on the activities carried out under this subtitle.

Subtitle C: Election Assistance - Part 1: Election Fund Payments to States for Voting System Improvements - Directs the Commission to make an Election Fund payment each year to each State which meets specified requirements for voting system improvements. Authorizes appropriations.

Part 2: Grants for Research on Voting Technology Improvements - Directs the Commission to make grants to entities for voting equipment and technology research and development. Authorizes appropriations.

Part 3: Pilot Program for Testing of Equipment and Technology - Directs the Commission to make grants for pilot programs to try out new voting systems and equipment technologies. Authorizes appropriations.

Part 4: Miscellaneous - Requires the Director of the National Institute of Standards and Technology to: (1) 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; (2) submit each grant application it receives to the Director who shall review it and provide the Commission with appropriate comments; (3) monitor any awarded grant; (4) submit to the Commission an evaluation of the grant and the activities carried out under it after the recipient has completed the terms of the grant; and (5) establish a program for intramural research and development in areas to support the development of voluntary technical standards for voting products and systems.

Title III: Help America Vote College Program - Directs the Commission to develop the Help America Vote College Program to encourage college students to assist State and local governments in election administration. Authorizes appropriations.

Title IV: Help America Vote Foundation - Amends Federal law to create the Help America Vote Foundation as a nonprofit charitable corporation to mobilize secondary school students to participate in the election process in a nonpartisan manner as poll workers or assistants. Authorizes appropriations.

Title V: Minimum Standards for State Election Systems - Requires the chief State election official of each State to 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 it to meet each of the minimum standards for State elections described in this Act.

(Sec. 502) Sets forth the minimum standards for State election systems, including standards for: (1) an official Statewide voter registration system; (2) in-precinct provisional voting; (3) uniform standards for what constitutes a vote; (4) safeguards to ensure that absent uniformed services voters and overseas voters in the jurisdiction can vote and have their votes counted; and (5) new voting systems to provide a practical and effective means for voters with physical disabilities to cast a secret ballot.

(Sec. 503) Places enforcement of certifications with the Attorney General.

Title VI: Voting Rights of Military Members and Overseas Citizens - Amends Federal armed forces law to direct the Secretary of Defense to 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.

(Sec. 602) Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State.

(Sec. 603) Requires each State and unit of local government which administered the election to submit a report to the Election Assistance Commission 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 to make such report available to the general public.

(Sec. 604) Provides for: (1) simplification of voter registration and absentee ballot application procedures for absent uniformed services and overseas voters; and (2) additional duties of presidential designee.

(Sec. 606) Amends Federal armed forces law to provide for the use of buildings on military installations and reserve component facilities as polling places.

Title VII: Transition Provisions - Subtitle A: Transfer to Commission of Functions under Certain Laws - Transfers to the Election Assistance Commission all functions of the Office of Election Administration within the Federal Election Commission (FEC) under the Federal Election Campaign Act of 1971 as well as all functions which the FEC exercised under the National Voter Registration Act of 1993.

Subtitle B: Coverage of Commission Under Certain Laws and Programs - Covers the Commission under the Hatch Act Reform Amendments of 1993 and the Inspector General Act of 1978, but excludes Commission personnel from the senior executive service.

Title VIII: Miscellaneous Provisions - Amends the National Voter Registration Act of 1993 to declare that a State is not prohibited from using certain procedures to remove an individual from the official list of eligible voters if the individual: (1) has not voted or appeared to vote in two or more consecutive general elections for Federal office; and (2) has not notified the applicable registrar 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. 802) Amends the Federal criminal code to prohibit poll workers from urging, encouraging, intimidating, harassing, or coercing voters to cast votes for every office on a ballot. Prescribes criminal penalties for violations of this prohibition. Declares that a poll worker is not prohibited from providing information to a voter who requests assistance.

Establishes: (1) an independent Election Assistance Commission to serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of Federal elections; and (2) the Election Assistance Commission Standards Board and the Election Assistance Commission Board of Advisors to review any of the voluntary standards for engineering and procedural performance, for maintenance and enhancement of the accessibility and privacy of registration facilities, polling places, and voting methods, and for election management practices recommended by the Commission.

Establishes the Technical Standards Development Committee to assist the Executive Director of the Commission by recommending standards to ensure the usability, accuracy, security, accessibility, and integrity of voting systems and voting equipment.

Directs the Commission to: (1) provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories; (2) make payments to States for voting system improvements, grants to entities for voting equipment and technology research and development, and grants for pilot programs to try out new voting systems and equipment technologies; and (3) develop the Help America Vote College Program to encourage college students to assist State and local governments in election administration.

Amends Federal law to create the Help America Vote Foundation as a nonprofit charitable corporation to mobilize secondary school students to participate in the election process in a nonpartisan manner as poll workers or assistants.

Outlines minimum standards for State election systems.

Sets forth provisions regarding voting rights of military members and overseas citizens.

Amends Federal postal service law to replace reduced rates for voter registration purposes with reduced rates for official election mail.