Election Reform Bills in the U.S. House of Representatives, 107th Congress: A Comparison of Selected Legislation

Order Code RL30997 CRS Report for Congress Received through the CRS Web Election Reform Bills in the U.S. House of Representatives, 107th Congress: A Comparison of Selected Legislation June 6, 2001 Kevin J. Coleman Analyst in American National Government Government and Finance Division Congressional Research Service ˜ The Library of Congress Election Reform Bills in the U.S. House of Representatives, 107th Congress: A Comparison of Selected Legislation Summary This report provides a side-by-side comparison of 14 bills introduced in the House of Representatives in the 107th Congress through June 6, 2001 to reform the electoral process by establishing a study commission, a federal grant program, or both. Bills introduced in the House are: H.R. 49; H.R. 57; H.R. 60; H.R. 119; H.R. 263; H.R. 354; H.R. 430; H.R. 561; H.R. 752; H.R. 775; H.R. 1151; H.R. 1165; H.R. 1170; and H.R. 1482. This report does not include legislation primarily designed to create an election day holiday, revise the Uniformed and Overseas Citizens Absentee Voting Act, amend or repeal the National Voter Registration Act, or enact a uniform poll closing time. Table 1 provides a checklist of the major provisions of the 14 electoral reform bills; Table 2a provides side-by-side summaries of House bills to establish a study commission; Table 2b provides side-by-side summaries of House bills to establish a study commission and a grant program, or establish a grant program only. Contents List of Tables Table 1. Checklist of Provisions in Selected Electoral Reform Legislation . . . . . 2 Table 2a. Comparison of House Bills to Create Study Commission . . . . . . . . . . 3 Table 2b. Comparison of House Bills to Create Study Commission or Grant Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Election Reform Bills in the U.S. House of Representatives, 107th Congress: A Comparison of Selected Legislation Table 1 provides easy reference to electoral reform legislation according to six major provisions: whether a study is required, the number of commission members, whether a grant program is established, the amount of funding provided for the grant program, the matching fund formula, and the entity that would administer the grant program. Table 2a provides a side-by-side comparison of the six House bills introduced thus far in the 107th Congress to create an electoral study commission; Table 2b provides a side-by-side comparison of the eight House bills to create an electoral study commission and establish a grant program or establish a grant program only. CRS-2 Table 1. Checklist of Provisions in Selected Electoral Reform Legislation Legislation Study required Commission members H.R. 49 (Clyburn) X 12 H.R. 57 (DeFazio) X 12 H.R. 60 (Jackson-Lee) X 5 H.R. 119 (Holt) X 10 H.R. 263 (Davis) companion to S. 218 X 4 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) X 26 H..R.561 (Dingell) X 17 H.R. 752 (King) X Natl. Institutes of Standards & Technology H.R. 775 (Hoyer) X 4 Grant program Grant program amount Matching grant formula Grants administered by X $500 million first year; $100 million each year thereafter 75% fed./25% state or local (commission may waive requirement) Election Administration Commission (new fed. agency) X $1.5 billion over 3 years 75% fed./25% state or local FEC through its Office of Elections Administration X $250 million over 3 years 75% fed./25% state (FEC may waive requirement) FEC 50% fed./50% state or local (Secretary may waive requirement) Secretary of Commerce punch card program-not more than number of precincts in jurisdiction x $6,000 Administrator of Gen. Services Admin. (punch card buy back program) X (two programs) $432 million for punch card equipment buy out program $150 million for FY 2002 ($140 million for grants to state and local govts.; $10 million for grants to voting equipment manufacturers); such sums as necessary in succeeding FY) H.R. 1151 (Langevin) X FEC H.R. 1165 (Barcia) X 12 Election Administration Commission (new federal agency) X $200 million for FY 2002-2005 FEC H.R. .1170 (Conyers) X $700 million for FY 2002; such amounts as necessary for FY 2003, 2004, 2005, and 2006 80% fed/20% state or local govt. (Atty. Gen. may provide waiver; applications received before Mar. 1,2002: 90% fed/10% state or local govt.) Atty. Gen. in consultation with the FEC (Atty. Gen. acts through Asst. Atty. Gen. for the Office of Justice Programs and Asst. Atty. Gen. for the Civil Rts. Div.) H.R. 1482 (Langevin) companion to S. 479 X $1 billion for FY 2002 80% fed/20% state FEC CRS-3 Table 2a. Comparison of House Bills to Create Study Commission H.R. 49 (Clyburn) H.R. 57 (DeFazio) H.R. 60 (Jackson-Lee) H.R. 119 (Holt) H.R. 561 (Dingell) H.R. 1165 (Barcia) (17 members) – 4 by Pres. (no more than 2 from same party) – 3 by Sen. maj. leader – 3 by Sen. min. leader – 3 by Speaker of House – 3 by House min. leader – 1 (commission chair) jointly by all of the above (12 members) – Dir. of Natl. Inst. of Standards & Technology – Chair of FEC – 2 reps. from Natl. Assoc. of St. Election Directors – 2 reps. from Natl. Govs. Assoc. – 1 rep. from Amer. Natl. Standards Inst. – 5 members chosen by Dir. of Natl. Inst. of Standards and Tech. in consult. with Chair of FEC, Speaker of House, House min. leader, Sen. majority and Sen. minority leaders – report to Pres. and Congress not later than 12 months after first commission mtg. – any member may submit own findings, recommendations with rept. – report to Congress not later than nine mos. after date of enactment containing tech. standards for voting systems and criteria for selecting org. to operate new Natl. Elec. Systems Standards Laboratory – report to Congress not later than one year after date of enactment containing testing and evaluation procedures, certif. procedures for non-fed. labs to perform testing, recommendations for promoting testing and eval. procedures established Study commission or federal agency, members appointed by: (12 members) – 2 by Pres. – 2 by Sen. maj. leader – 2 by Sen. min. leader – 2 by Speaker of the House – 2 by Chair of U.S. Comm.on Civil Rts. (from Comm. members) (12 members) – 3 by Pres. Pro Tempore of Senate from maj. leader recommendations – 3 by Pres. Pro Tempore of the Senate from min. leader recommendations – 3 by Speaker of House – 3 by House min. leader (10 members) – 2 by Pres. – 2 by Sen. maj. leader – 2 by Sen. min. leader – 2 by Speaker of House – 2 by House min. leader (5 members) – 1 by Pres. – 1 by Sen. maj. leader – 1 by Sen. min. leader – 1 by Speaker of House – 1 by House min. leader Study/report required – report to Pres., Congress, and FEC not later than 12 months after first commission mtg. – any comm. member may submit own findings, recommendations as part of rept. – report to Pres. and Congress not later than 12 months after first commission mtg. – any member may submit own findings, recommendations with rept. – report approved by majority to Pres. and Congress not later than 180 days after one year study period – may issue interim reports approved by majority – all reports may include minority/dissenting opinions – report to Pres., Congress, and FEC not later than 12 months after first commission mtg. – any member may submit own findings, recommendations with rept. CRS-4 H.R. 49 (Clyburn) H.R. 57 (DeFazio) H.R. 60 (Jackson-Lee) H.R. 119 (Holt) H.R. 561 (Dingell) H.R. 1165 (Barcia) – electoral college – voter registrn. issues, including effectiveness of motor voter, feasibility of election day and Internet registrn. – ballot design and technology – uniform poll closing – weekend elections, multiple day voting, early voting – poll accessibility, poll worker training, voter education – alternate voting methods, Internet voting, mail-in voting – military and overseas citizens voting issues – tech. performance-based standards related to accuracy, integrity, security of voting equip. and systems in fed. elections – criteria for selection of organ. to operate new Natl. Electn. Systems Standards Laboratory – develop uniform testing and evaluation procedures for determining conformance of equip. and systems with standards – estab. procedures to certify non-fed. labs to perform voting equip. testing and eval. – Natl. Elec. Systems Standards Lab. investigates human factors in design and application of voting systems, design of remote-access voting systems, maintain and make public list of certified voting equipment and systems Specific study issues identified – fed., state, local election procedures and recommend revisions. – electoral college reform – voter registrn. issues – ballot access – absentee and mail-in voting – Internet voting – impact of poll closing times – no. and accessability of polling places – poll worker training – voter education – ballot design and voting technology – changing election day – Pres. debates – alternate voting methods – military voting issues – Pres. primary process – cost of reform proposals – speed and accuracy of vote counting – impact of changes on minorities, disabled, rural and urban residents – voting procedures in fed., state, local elections – procedures that represent best practices – legis. and regulatory efforts that affect procedures – implementation of standardized procedures for voting, registrn., absentee voting, early voting, and polling hrs. – speed and timeliness of vote counts – accuracy of vote counts – security of voting procedures – examine fed., state, and local election processes and make recommendations based on findings – voting procedures in fed., st., local elections – legislation and regulatory efforts that affect voting –standardized voting procedures, including standardized technology Other responsibilities – Dir. of Natl. Institute of Standards and Tech. selects org. to operate new Natl. Election Systems Standards Laboratory CRS-5 Table 2b. Comparison of House Bills to Create Study Commission or Grant Program H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) (12 members) – 6 by Pres. – 3 by Sen. min. leader (or maj. leader if from same party as Pres.) – 3 by House min. leader (or maj. leader if from same party as Pres.) (grant program only) Study commission or federal agency, members appointed by: (4 members; establishes permanent federal agency) – 4 by Pres. (no more than 2 from same party) —4 year term —also creates 25 member advisory board (2 year terms) (grant program only) (26 members: 24 voting, 2 nonvoting) – 3 by Sen. maj. leader – 3 by Sen. min. leader – 3 by Speaker of House – 3 by House min. leader – 3 by Natl. Assoc. of Secys. of State (max. 2 from large states, 2 from small states, 2 same party or region) – 3 by Natl. Assoc. of State Elecn. Dirs. (max. 2 from large states, etc.) – 6 local electn. officials: —2 by the Electn. Center —2 by Internatl. Assoc. of Clerks, Recorders, Electn. Officials and Treasurers —2 by Natl. Assoc. of Co. Recorders, Electn. Officials and Clerks – Nonvoting members: Atty. Gen. and Chair of FEC National Institute of Standards and Technology (4 members; establishes permanent federal agency) – 4 by Pres. (no more than 2 from same party): – 1 from Senate Pres. Pro Tempore list (or min. leader if from same party as Pres.) – 1 from Speaker of House list (or min. leader if from same party as Pres.) Federal Election Commission CRS-6 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) – voting systems standards periodically issued by the Office of Election Admin. at the FEC to be updated within 9 mos. of enactment – future updates of voting systems standards as considered appropriate – voting systems standards to be posted on the Internet – report, approved by majority of comm. members, to Congress and Pres. not later than 1 yr. after enactment – interim reports, approved by maj. of comm. members, may be issued Study/report required – periodic studies available to public – voluntary engineering and performance standards for voting systems within first year – voluntary procedures for access to registrn. facilities, polling places, voting methods for all voters, including disabled – regular reports and ongoing responsibilities include: — update standards for voting systems every 4 years — advise states to insure compliance with handicapped accessibility act and other federal laws — update voluntary procedures concerning access issues every 4 years — develop voluntary procedures for election admin. and – report to Pres., Congress, FEC, and chief election official of each state not later than 12 months after first commission mtg. – any member may submit own findings, recommendations with rept. – report to Congress not later than 1 yr. after enactment – voluntary engineering and performance standards for voting systems used in fed. elections at least every 2 years – voluntary procedures for enhancing access to registrn. facilities, polling places, voting methods for all voters, including disabled at least every 4 years –voluntary election management standards at least every 4 years – make info on fed. election system available to media and public –at request of state officials, review election or vote counting procedures with bipartisan panel of election professionals – compile and make available election results, including voter registrn. and turnout rates – periodic studies available to public on administration of elections, including best practices for: H.R. 1482 (Langevin) CRS-7 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) – expand existing voting systems standards to include poll access for disabled, elderly, and effective use of systems and equipment to provide opportunity to cast secure, secret ballot – access to ballots and polling places, including timely notice of locations and matters of access for disabled voters, visually impaired voters, voters with limited English proficiency, voters who need assistance to understand voting process and cast a ballot, and other voters with special needs –voter registr. and –election equipment –ballot design –voter registrn., verification and maintenance of voter rolls –alternative voting methods –accuracy of election and vote counting procedures –voter education materials, including sample ballots and use of voting equipment update every 4 years — provide info on fed. elections to public and media — make available bipartisan panels of electn. profess. to assist state officials in review of election and vote counting procedures — compile and make available certified electn. results, voter registrn. and turnout statistics Specific study issues identified – election technology, systems, and ballot design – voter registrn., verification, and maintenance of voter rolls – access to polling places – alternative voting methods – accuracy and security of election procedures and vote counts – accuracy, integrity, efficiency of fed. election procedures – recommend standards for conduct of fed. elections – recommendations on admin. aspects of electn. over which Congress has constitutional authority – weekend elections, multiple day voting, early voting – Internet voting – impact of income of voter on effective participation in election process – impact of race, gender, or ethnicity on effective participation in election process, including study of impact of various factors on participation of lowincome voters (such as registrn. requirements, educational status, H.R. 1482 (Langevin) CRS-8 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) type of voting equipment available, and outreach efforts) – effect of the use of different voting equipment and of substandard or malfunctioning equipment on effective participation and integrity of election process – future and emerging election technologies, including Internet voting H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) maintenance of voter rolls, including use of provisional ballots and standards for reenfranchisement of voters – alternative voting methods – voter intimidation, both real and perceived – accuracy of voting, election procedures, and election technology – voter education – election personnel and volunteer training – election technology and systems – ballot design and uniformity – voting machine capacity, how number of ballots that can be processed over time affects number of machines needed, number of polling places and other facilities needed to serve voters – whether legislative or administrative action is needed to provide meaningful opportunity for military and overseas voters to register and vote in fed. elections H.R. 1482 (Langevin) CRS-9 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) – feasibility and advisability of making election day a fed. or state holiday – feasibility and advisability of modifying polling hrs. and the effects of modification – how fed. govt. can, on permanent basis, provide ongoing asst. to state and local officials to improve administr. of elections and whether new fed. agency should be created to provide such asst. – develop recommendations to identify methods of voting and admin. that would: -- be convenient, accessible, nondiscriminatory, and easy to use for disabled voters, military and overseas voters, other voters with special needs, including those with limited English proficiency, or who need assistance to understand voting process or to cast a ballot H.R. 1482 (Langevin) CRS-10 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) -- yield the broadest participation -- produce accurate results – recommendations for permanent fed. assistance to states on elec. admin. and whether new fed. agency should provide such assist. -- recommendations for methods to increase voter partic., increase accuracy of voters rolls and partic. and inclusion of legal voters, to improve voter educ., and to improve training of election personnel and volunteers Other responsibilities or requirements – responsible for Uniformed and Overseas Citizens Absentee Voting Act as Pres. designee – responsible for sec. 9 of National Voter Registrn. Act (Motor Voter) regarding mail registrn. – advise state and local govt. on compliance with Handicapped Accessibility Act – carry out functions of Uniformed and Overseas Citizens Absentee Voting Act – carry out provisions of sec. 9 of National Voter Registrn. Act (motor voter law) regarding mail registrn. – consult with fed., state, and local govts. with expertise to assess accessibility of facilities and voting systems for elderly and disabled – consult with appropriate orgs. with expertise in developing elderly and disabled accessibility standards – to carry out section 5 of 14th Amend. to Constitution, voting systems in federal, state, local elections shall: --permit voter to verify ballot choices and correct errors before ballot is cast --notify voter if more than one cand. choice is made for a single – Amends Soldiers’ and Sailors’ Relief Act of 1940 to clarify state residency for purposes of voting in fed. or state election: persons absent from a state in compliance with military or naval orders may not be deemed to lose residence in that CRS-11 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) – develop model election code within 2 yrs. of appt. of commission members – create nonpartisan analysis of legal issues to promote clarifying election law H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) office and permit voter to correct errors before ballot is cast --notify voter if less than one cand. choice is made for a single office and permit voter to correct errors before ballot is cast --produce an auditable record for each ballot cast --be accessible for disabled persons and others with special needs and provide alternative language accessibility for persons with limited English proficiency --shall have error rate as close to zero as practicable when system is used properly – to carry out section 5 of 14th Amend. to Constitution, if name of individual who claims to be a registrant eligible to vote in a federal, state, or local election is not on official registr. list or official asserts the individual is not eligible to vote: --election official shall notify individual that state, be deemed to acquire residence or domicile in another state, and be deemed to have become a resident in another state –Amends the Uniformed and Overseas Citizens Absentee Voting Act to extend the provisions of the law to cover state and local, as well as federal elections CRS-12 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) the individual may cast provisional ballot --individual may cast a vote upon written affirmation before an election official at the polling place that the individual is eligible to vote --an election official will transfer the ballot to an appropriate state or local official for prompt verification of the claim of eligibility --if the official verifies the claim, the vote shall be tabulated --the appropriate state or local official shall notify the individual in writing of the disposition of the claim and the treatment of the vote – to carry out section 5 of 14th Amend. to Constitution, not later than 10 days before election each registered voter shall be mailed sample version of ballot; info on election date and polling hrs.; instructions on how to cast ballot; gen. info on voting rights and instructions on how to H.R. 1482 (Langevin) CRS-13 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) contact appropriate st. and fed. officials if rights are alleged to be violated; sample ballot shall be published in newspaper in applicable geographic area and posted at polling place –Atty. Gen. shall reimburse states for costs incurred to implement voting systems changes, provisional ballot requirements, and sample ballot activities (described above) –Office of Civil Rts. at Dept. of Justice shall, in consultation with the FEC Office of Elec. Admin., develop guidelines within one yr. of enactment for voting systems changes, provisional ballot requirements, and sample ballot activities H.R. 1482 (Langevin) CRS-14 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) Grant program funding – $500 million first year; $100 million each year thereafter – $1.5 billion over 3 years – $250 million for each of first 3 fiscal years, necessary sums for each succeeding fiscal year – sums as may be necessary to carry out purposes of legislation – $432 million for onetime punch card voting machine buy out program – $200 million for FY 2002 through 2005 –$700 million for FY 2002; such amounts as necessary for FY 2003, 2004, 2005, and 2006 – $1 billion for FY 2002 – to bring state voting systems, equipment, polling places, and voter registrn. facilities into compliance with new voting systems standards – carry out activities to promote accessibility of voting systems, equipment, polling places, and voter registrn. facilities for elderly and disabled – to improve, acquire, or replace voting equip. or technology, including access for the disabled, visually impaired, or those with limited English proficiency – to implement new elec. admin. procedures to increase voter partic., reduce disenfranchisement, such as same day voter registr. – to educate voters on voting procedures, rights, or technology, or to train elec. – to replace applicable voting systems for use in fed. elections with advanced voting systems, such as electronic voting systems – amounts, not in excess of 33% of amount received by an eligible local voting area, may be used to train election officials and educate voters in use of advanced voting systems and to reimburse costs for – $150 million for FY 2002 ($140 million for grants to state and local govts.; $10 million for grants to voting equipment manufacturers); such sums as necessary in succeeding FY) Grant uses – grants to state and local govts. to improve, modernize election admin. using voluntary recommendations of commission – activities to improve election admin. – modernization, replacement of voting equip. – purchase, upgrade, repair of computer-based vote systems – to enhance vote tabulation, reporting procedures – grants to states, either directly of through local govts, Indian tribal govts, other public, private entities, multijurisdictional or regional consortia to: – hire employees, consultants to design and implement systems that meet standards developed by comm. – procure equipment, technology, admin. support systems that meet comm. standards – train, retrain electn. – grants to state or local agencies responsible for administering elections to purchase new or rehabilitated voting equipment – punch card buyout program: grants to state or local govts. to replace punch card voting systems with non-punch card systems (maximum amt. = number of precincts with punch card system X $6,000) – grants to state and local govts. to improve, replace voting equipment or technology – implement best practices developed by Elec. Administration Com. – manufacturers of CRS-15 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) voting equipment may use grant to carry out research and development of new voting equipment officials, employees, volunteers in use of new standards – develop activities to encourage public confidence and participation in electoral process under new standards – evaluate new systems established under grant program H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) personnel – to implement recommendations of the Commission on Voting Rights and Procedures extending the Uniformed and Overseas Citizens Absentee Voting Act to permit military and overseas citizens to vote in state and local elections – after voting systems are replaced in eligible local voting area and funds are not needed for other uses, funds are transferred to the state to enhance voter participation by improving voter registr., expanding training of election officials, and upgrading other voting equipment – 80% fed./20% state or local govt. (Atty. Gen. may provide waiver and specify federal share greater than 80%); for grant applications received before Mar. 1,2002: 90% fed/10% state or local govt. – 80% fed./20% state – FEC allocates to a state an amount that bears the same ratio to the total amount allocated to all states as the number of applicable voting systems in the state bears to the total number in all states Matching formula/conditions – state and local govts. must spend not less than 25% of grant awarded (75% fed./25% state or local) – by vote, commission may request audit at any time – match funding not required for local – grants awarded in manner to reflect geographic regions of U.S. – not less than 25% of total, annual funding awarded to local govts. with populations of 55,000 or less – grant amount – grant amount may not exceed 75% of total cost of funded activity (FEC may waive this requirement under conditions it considers appropriate) – unless all applications from qualifying states are approved, the total – 50% fed/50% state or local agency (Secretary may waive requirement if state or local agency displays extreme need) – Secretary may make block grants to state agency for election administration for voter education campaigns – 75% fed./25% state or local govt.; 50% fed./50% manufacturer – state or local govt. must be in compliance with NVRA (motor voter law) – if state or local govt. purges voters from registrn. list, must provide assurances that no legally eligible voter CRS-16 H.R. 263 (Davis) companion to S. 218 govt. if per capita income is among lowest 1/4 in state H.R. 354 (Hutchinson) may not exceed 75% of total cost of funded activity – state, local govts. submit rept. every 6 months to FEC H.R. 430 (Delahunt) amount given to a state, including local grants, may not be less than 0.5% of all grants in aggregate H.R. 752 (King) H.R. 775 (Hoyer) – voting equipment purchased with grant proceeds must meet voting systems performance standards developed by Natl. Institute of Standards and Technology is purged – state or local govt. must be in compliance with Handicapped Acessibility Act – state or local govt. must provide assurances that military and overseas voters are provided adequate opportunity to vote – manufacturers provide assurances that research and development accounts for handicapped accessibility – grant funds subject to audit by vote of the commission H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) receiving grants – states allocate to local voting areas an amount that bears the same ratio to the total amount received by the state as the number of applicable voting systems in the local voting areas bears to the total number in all local voting areas in the state (the number of applicable voting systems to be determined in reasonable manner by FEC; if voting system is paper ballot, the number of applicable systems shall be determined by the number of registered voters in the state or local voting area divided by 200) CRS-17 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) – states submit application with a description of activities funded, assurances that activities conform with revised voting system standards, and with other info required by commission – Atty. Gen. publishes state plan in Federal Register upon receipt of application; Atty. Gen., in consultation with Asst. Atty. Gen. for Civil Rts. Div., may approve or disapprove application 30 days after it appears in Fed. Register – state plans must provide for: -- uniform, nondiscriminatory standards for equal protection of voting rts. to meet requirements for voting systems, provisional voting, and sample ballots (see “Other Responsibilities” above) -- accuracy of records of eligible voters to ensure legally registered voters are listed and prevent purging of records that results in removal of legal voters -- uniform and nondiscriminatory standards that ensure ease and convenience – automatic for states in which lever machines, punchcard systems, and paper ballots are used; an eligible state may opt to not receive any amount if it notifies the FEC within 30 days of enactment Grant timetable/application process – review of applications begins 1 yr. and 45 days after enactment – commission solicits, reviews, votes on applications from st., local govts. at least once a year – state, local govts. submit application with info required by commission – states submit application with info required by commission – Secretary of Commerce publishes notice in Federal Register to notify state and local agencies of time and manner of applying and prescribed criteria for application – Secretary gives priority to applications to replace voting equipment in precincts most in need of updating to meet performance standards developed in study, particularly areas with greatest need based on unemployment, income, financial need, or other indicators of economic distress – commission solicits and reviews applications not later than 1 yr. after members appt. – commission reviews applications at least once a yr. thereafter – states, local govts., and manufacturers submit application with info required by commission – 120 days to submit once commission solicits applications CRS-18 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) of voting for all voters; conditions for nonvisual access and other access for voters with special needs that provides for same opportunity for access, participation, privacy, and independence; compliance with Voting for the Elderly and Handicapped Act; compliance with the Voting Rights Act of 1965; compliance with the National Voting Registration Act of 1993; overseas and absent uniformed service voters have meaningful opportunity to exercise their voting rights as U.S. citizens -- voter education programs on right to vote, methodology and procedures for participating in elections, training programs for elec. personnel -- effective method to notify voters on elec. day of basic voting procedures to effectuate their vote -- timetable for meeting elements of plan H.R. 1482 (Langevin) CRS-19 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) – state applications must be developed in consultation with state and local elec. officials, describe activities for which assistance is sought, contain detailed explanation of how state will comply with requirements listed above, provide assurance that state will pay non-federal share of cost of activities for which assistance is sought (may be accompanied by request for waiver of matching requirements), additional assurances required by Atty. Gen. in consultation with Asst. Atty. Gen. for Civil Rts. Div., must be made available for public review and comment – local applications must include information similar to that required for state applications, assurances that assistance provided does not duplicate any assistance available to H.R. 1482 (Langevin) CRS-20 H.R. 263 (Davis) companion to S. 218 H.R. 354 (Hutchinson) H.R. 430 (Delahunt) H.R. 752 (King) H.R. 775 (Hoyer) H.R. 1151 (Langevin) H.R. 1170 (Conyers) H.R. 1482 (Langevin) the locality through the state, description of how state will pay nonfederal share of the cost (may be accompanied by request for waiver of matching requirements), additional assurances required by Atty. Gen. in consultation with Asst. Atty. Gen. for Civil Rts. Div. Grant program administered by – Election Administration Commission (new federal agency) – FEC through its Office of Elections Administration – FEC submits rept. on grant program to Congress each fiscal yr. – FEC – FEC submits rept. on grant program to Congress within 60 days after each fiscal yr., may include suggestions for amendments to this title – Secretary of Commerce – Administrator of GSA for punch card buy out program – Election Administration Commission (new federal agency) – Commission submits rept. to House Admin. Comm. and Senate Rules and Admin. within 90 days of end of FY – FEC through its Office of Elections Administration – Atty. Gen. in consultation with the Asst. Atty. Gen. for the Civil Rights Division – FEC