Requires the Panel to make related recommendations.
Establishes the Election Administration Commission to: (1) adopt or modify and periodically update Panel recommendations; (2) issue or adopt updated voting system standards; and (3) perform a variety of other specified duties.
Establishes the Federal Election Reform Grant Program under which the Commission may award grants to applicant States and localities to pay the Federal share of costs associated with implementing any recommendation adopted or modified by the Commission.
Establishes the Election Administration Advisory Board.
Amends the Voting Act concerning maximum access to polls by absent uniformed services and overseas voters to replace the current recommendation imposed upon the States to achieve such maximum access with a requirement that each State, in each Federal election, perform certain tasks.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 953 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 953
To establish a Blue Ribbon Study Panel and an Election Administration
Commission to study voting procedures and election administration, to
provide grants to modernize voting procedures and election
administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2001
Mr. McConnell (for himself, Mr. Schumer, Mr. Torricelli, Mr. Brownback,
Mr. Allard, Mr. Akaka, Mr. Allen, Mr. Bayh, Mr. Bennett, Mrs. Boxer,
Mr. Bunning, Mr. Breaux, Mr. Burns, Ms. Cantwell, Mr. Campbell, Mr.
Chafee, Mr. Cleland, Ms. Collins, Mrs. Clinton, Mr. Craig, Mr. Conrad,
Mr. Crapo, Mr. Corzine, Mr. DeWine, Mr. Daschle, Mr. Domenici, Mr.
Dayton, Mr. Ensign, Mr. Durbin, Mr. Enzi, Mr. Edwards, Mr. Frist, Mr.
Graham, Mr. Gramm, Mr. Inouye, Mr. Gregg, Mr. Johnson, Mr. Hatch, Mr.
Kennedy, Mr. Helms, Mr. Kerry, Mrs. Hutchison, Mr. Kohl, Mr. Jeffords,
Ms. Landrieu, Mr. Lott, Mr. Leahy, Mr. Lugar, Ms. Mikulski, Mr. Nelson
of Nebraska, Mr. Murkowski, Mr. Nelson of Florida, Mr. Roberts, Mr.
Rockefeller, Mr. Santorum, Mr. Wellstone, Mr. Sessions, Mr. Shelby, Mr.
Smith of New Hampshire, Mr. Smith of Oregon, Mr. Specter, Mr. Stevens,
Mr. Thomas, Mr. Thompson, Mr. Warner, Mrs. Carnahan, Mr. Thurmond, and
Mr. Grassley) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To establish a Blue Ribbon Study Panel and an Election Administration
Commission to study voting procedures and election administration, to
provide grants to modernize voting procedures and election
administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan Federal
Election Reform Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BLUE RIBBON STUDY PANEL
Sec. 101. Establishment of the Blue Ribbon Study Panel.
Sec. 102. Membership of the Panel.
Sec. 103. Duties of the Panel.
Sec. 104. Meetings of the Panel.
Sec. 105. Powers of the Panel.
Sec. 106. Panel personnel matters.
Sec. 107. Termination of the Panel.
Sec. 108. Authorization of appropriations.
TITLE II--ELECTION ADMINISTRATION COMMISSION
Sec. 201. Establishment of the Election Administration Commission.
Sec. 202. Membership of the Commission.
Sec. 203. Duties of the Commission.
Sec. 204. Federal Election Reform Grant Program.
Sec. 205. Meetings of the Commission.
Sec. 206. Powers of the Commission.
Sec. 207. Commission personnel matters.
Sec. 208. Authorization of appropriations.
Sec. 209. Offset of authorized spending.
TITLE III--ELECTION ADMINISTRATION ADVISORY BOARD
Sec. 301. Establishment of the Election Administration Advisory Board.
Sec. 302. Membership of the Board.
Sec. 303. Duty of the Board.
Sec. 304. Meetings of the Board.
Sec. 305. Voting.
Sec. 306. Board personnel matters.
Sec. 307. Termination of the Board.
Sec. 308. Authorization of appropriations.
TITLE IV--TRANSITION PROVISIONS
Subtitle A--Transfer to Election Administration Commission of Functions
Under Certain Laws
Sec. 401. Federal Election Campaign Act of 1971.
Sec. 402. Uniformed and Overseas Citizens Absentee Voting Act.
Sec. 403. National Voter Registration Act of 1993.
Sec. 404. Transfer of property, records, and personnel.
Sec. 405. Effective date; transition.
Subtitle B--Coverage of Election Administration Commission Under
Certain Laws and Programs
Sec. 411. Treatment of Commission personnel under certain civil service
laws.
Sec. 412. Coverage under Inspector General Act of 1978.
TITLE V--ABSENT UNIFORMED SERVICES VOTERS
Sec. 501. Maximizing access to the polls by absent uniformed services
voters.
TITLE VI--MISCELLANEOUS
Sec. 601. Relationship to other laws.
TITLE I--BLUE RIBBON STUDY PANEL
SEC. 101. ESTABLISHMENT OF THE BLUE RIBBON STUDY PANEL.
There is established the Blue Ribbon Study Panel (in this title
referred to as the ``Panel'').
SEC. 102. MEMBERSHIP OF THE PANEL.
(a) Number and Appointment.--The Panel shall be composed of 12
members as follows:
(1) 3 members appointed by the Majority Leader of the
Senate.
(2) 3 members appointed by the Minority Leader of the
Senate.
(3) 3 members appointed by the Speaker of the House of
Representatives.
(4) 3 members appointed by the Minority Leader of the House
of Representatives.
(b) Qualifications.--
(1) In general.--Members appointed under subsection (a)
shall be chosen on the basis of experience, integrity,
impartiality, and good judgment.
(2) Party affiliation.--Not more than 6 of the 12 members
appointed under subsection (a) may be affiliated with the same
political party.
(3) Federal officers and employees.--Members appointed
under subsection (a) shall be individuals who, at the time
appointed to the Panel, are not elected or appointed officers
or employees of the Federal Government.
(c) Balance Required.--The Panel shall reflect, to the maximum
extent possible, fair and equitable representation of various points of
view with respect to the matters to be studied by the Panel under
section 103, and regional and geographical balance among the members of
the Panel.
(d) Date of Appointment.--The appointments of the members of the
Panel shall be made not later than 30 days after the date of enactment
of this Act.
(e) Period of Appointment; Vacancies.--
(1) Period of appointment.--Each member of the Panel shall
be appointed for the life of the Panel.
(2) Vacancies.--A vacancy in the Panel shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(f) Chairperson; Vice Chairperson.--
(1) In general.--The Panel shall elect a chairperson and
vice chairperson from among its members.
(2) Political affiliation.--The chairperson and vice
chairperson may not be affiliated with the same political
party.
SEC. 103. DUTIES OF THE PANEL.
(a) Study.--The Panel shall complete a thorough study of--
(1) current and alternate methods and mechanisms of voting
and counting votes in elections for Federal office;
(2) current and alternate ballot designs for elections for
Federal office;
(3) current and alternate methods of voter registration,
maintaining secure and accurate lists of registered voters
(including the establishment of a centralized, interactive,
statewide voter registration list linked to relevant agencies
and all polling sites), and ensuring that all registered voters
appear on the polling list at the appropriate polling site;
(4) current and alternate methods of conducting provisional
voting that include notice to the voter regarding the
disposition of the ballot;
(5) current and alternate methods of ensuring the
accessibility of voting, registration, polling places, and
voting equipment to all voters, including blind and disabled
voters and voters with limited English proficiency;
(6) current and alternate methods of voter registration for
members of the Armed Forces and overseas voters, and methods of
ensuring that such voters timely receive ballots that will be
properly and expeditiously handled and counted;
(7) current and alternate methods of recruiting and
improving the performance of poll workers;
(8) Federal and State laws governing the eligibility of
persons to vote;
(9) current and alternate methods of educating voters about
the process of registering to vote and voting, the operation of
voting mechanisms, the location of polling places, and all
other aspects of participating in elections;
(10) matters particularly relevant to voting and
administering elections in rural and urban areas;
(11) conducting elections for Federal office on different
days, at different places, and during different hours,
including the advisability of establishing a uniform poll
closing time; and
(12) the ways that the Federal Government can best assist
State and local authorities to improve the administration of
elections for Federal office and what levels of funding would
be necessary to provide such assistance.
(b) Recommendations.--
(1) Recommendations of best practices in voting and
election administration.--After studying the matters set forth
in paragraphs (1) through (11) of subsection (a), the Panel
shall develop recommendations regarding each matter and
indicate which methods of voting and administering elections
studied by the Panel under such paragraphs would--
(A) be most convenient, accessible, and easy to use
for voters in elections for Federal office, including
members of the Armed Forces, blind and disabled voters,
and voters with limited English proficiency;
(B) yield the most accurate, secure, and
expeditious system, voting, and election results in
elections for Federal office;
(C) be nondiscriminatory and afford each registered
and eligible voter an equal opportunity to vote; and
(D) be most efficient and cost-effective for use in
elections for Federal office.
(2) Recommendations for providing assistance in federal
elections.--After studying the matter set forth in subsection
(a)(12), the Panel shall recommend how the Federal Government
can best provide assistance to State and local authorities to
improve the administration of elections for Federal office and
what levels of funding will be necessary to provide such
assistance.
(c) Reports.--
(1) Final report.--
(A) In general.--Not later than the date that is 6
months after the date on which all the members of the
Panel have been appointed, the Panel shall submit a
final report to Congress and the Election
Administration Commission established under section
201.
(B) Contents.--The final report submitted under
subparagraph (A) shall contain a detailed statement of
the findings and conclusions of the Panel as to the
matters studied under subsection (a), a detailed
statement of the recommendations developed under
subsection (b), and any dissenting or minority opinions
of the members of the Panel.
(2) Interim reports.--The Panel may determine whether any
matter to be studied under subsection (a), and any
recommendation under subsection (b), shall be the subject of an
interim report submitted as described in paragraph (1)(A) prior
to the final report required under paragraph (1), and in time
for full or partial implementation before the elections for
Federal office held in 2002.
SEC. 104. MEETINGS OF THE PANEL.
(a) In General.--The Panel shall meet at the call of the
chairperson.
(b) Initial Meeting.--Not later than 20 days after the date on
which all the members of the Panel have been appointed, the Panel shall
hold its first meeting.
(c) Quorum.--A majority of the members of the Panel shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 105. POWERS OF THE PANEL.
(a) Hearings.--
(1) In general.--The Panel may hold such hearings for the
purpose of carrying out this title, sit and act at such times
and places, take such testimony, and receive such evidence as
the Panel considers advisable to carry out this title.
(2) Oaths and affirmations.--The Panel may administer oaths
and affirmations to witnesses appearing before the Panel.
(3) Open hearings.--All hearings of the Panel shall be open
to the public.
(b) Voting.--Each action of the Panel shall be approved by a
majority vote of the members of the Panel. Each member of the Panel
shall have 1 vote.
(c) Information From Federal Agencies.--The Panel may secure
directly from any Federal department or agency such information as the
Panel considers necessary to carry out this title. Upon request of the
Panel, the head of such department or agency shall furnish such
information to the Panel.
(d) Website.--For purposes of conducting the study under section
103(a), the Panel may establish a website to facilitate public comment
and participation. The Panel shall make all information on its website
available in print.
(e) Postal Services.--The Panel may use the United States mails in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(f) Administrative Support Services.--Upon the request of the
Panel, the Administrator of General Services shall provide to the
Panel, on a reimbursable basis, the administrative support services
that are necessary to enable the Panel to carry out its duties under
this title.
(g) Contracts.--The Panel may contract with and compensate persons
and Federal agencies for supplies and services without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5).
SEC. 106. PANEL PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Panel shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Panel.
(b) Travel Expenses.--The members of the Panel shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Panel.
(c) Staff.--
(1) In general.--The Panel may, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, appoint and terminate
an executive director and such other additional personnel as
may be necessary to enable the Panel to perform its duties. The
employment of an executive director shall be subject to
confirmation by the Panel.
(2) Compensation.--The Panel may fix the compensation of
the executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Panel without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The Panel
may procure temporary and intermittent services under section 3109(b)
of title 5, United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316 of such title.
SEC. 107. TERMINATION OF THE PANEL.
The Panel shall terminate 30 days after the date on which the Panel
submits its final report under section 103(c)(1).
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this title.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
TITLE II--ELECTION ADMINISTRATION COMMISSION
SEC. 201. ESTABLISHMENT OF THE ELECTION ADMINISTRATION COMMISSION.
There is established the Election Administration Commission (in
this title referred to as the ``Commission'') as an independent
establishment (as defined in section 104 of title 5, United States
Code).
SEC. 202. MEMBERSHIP OF THE COMMISSION.
(a) Number and Appointment.--
(1) Composition.--The Commission shall be composed of 8
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Recommendations.--Prior to the initial appointment of
the members of the Commission and prior to the appointment of
any individual to fill a vacancy on the Commission, the
Majority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives shall each
submit to the President a candidate recommendation with respect
to each vacancy on the Commission affiliated with the political
party of the officer involved.
(b) Qualifications.--
(1) In general.--Members appointed under subsection (a)
shall be chosen on the basis of experience, integrity,
impartiality, and good judgment.
(2) Party affiliation.--Not more than 4 of the 8 members
appointed under subsection (a) may be affiliated with the same
political party.
(3) Federal officers and employees.--Members appointed
under subsection (a) shall be individuals who, at the time
appointed to the Commission, are not elected or appointed
officers or employees of the Federal Government.
(4) Other activities.--No member appointed to the
Commission under subsection (a) may engage in any other
business, vocation, or employment while serving as a member of
the Commission and shall terminate or liquidate such business,
vocation, or employment not later than the date on which the
Commission first meets.
(c) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than 60 days after the date of
enactment of this Act.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--Members shall be appointed for
a term of 4 years, except that of the members first appointed--
(A) 4 of the members, not more than 2 of whom may
be affiliated with the same political party, shall be
appointed for a term of 5 years; and
(B) 4 of the members, not more than 2 of whom may
be affiliated with the same political party, shall be
appointed for 4 years.
(2) Vacancies.--
(A) In general.--A vacancy on the Commission shall
not affect its powers, but be filled in the manner in
which the original appointment was made. The
appointment made to fill the vacancy shall be subject
to any conditions which applied with respect to the
original appointment.
(B) Expired terms.--A member of the Commission may
serve on the Commission after the expiration of the
member's term until the successor of such member has
taken office as a member of the Commission.
(C) Unexpired terms.--An individual chosen to fill
a vacancy on the Commission occurring prior to the
expiration of the term for which the individual's
predecessor was appointed shall be appointed for the
unexpired term of the member replaced.
(e) Chairperson; Vice Chairperson.--
(1) In general.--The Commission shall elect a chairperson
and vice chairperson from among its members for a term of 1
year.
(2) Number of terms.--A member of the Commission may serve
as the chairperson only once during any term of office to which
such member is appointed.
(3) Political affiliation.--The chairperson and vice
chairperson may not be affiliated with the same political
party.
SEC. 203. DUTIES OF THE COMMISSION.
The Commission--
(1)(A) not later than 30 days after receipt of the
recommendations of the Blue Ribbon Study Panel (in this title
referred to as the ``Panel''), shall adopt or modify any
recommendation of the Panel developed under subsection (b) of
section 103 and submitted to the Commission under subsection
(c) of such section; and
(B) may update the recommendations adopted or modified
under subparagraph (A) at least once every 4 years;
(2) not later than 6 months after the date of enactment of
this Act, shall issue or adopt updated voting system standards
and update such standards at least once every 4 years;
(3) shall advise States regarding compliance with the
requirements of the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) and compliance with
other Federal laws regarding accessibility of registration
facilities and polling places to blind and disabled voters;
(4) shall have primary responsibility to carry out Federal
functions under title I of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) as the
Presidential designee;
(5) shall serve as a clearinghouse, gather information,
conduct studies, and issue reports concerning issues relating
to Federal, State, and local elections;
(6) shall carry out the provisions of section 9 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7);
(7) shall make available information regarding the Federal
election system to the public and media;
(8) shall assemble and make available bipartisan panels of
election professionals to assist any State election official,
upon request, in review of election or vote counting procedures
in Federal, State, and local elections;
(9) shall compile and make available to the public the
official certified results of elections for Federal office and
statistics regarding national voter registration and turnout;
and
(10) shall administer the Federal Election Reform Grant
Program established under section 204.
SEC. 204. FEDERAL ELECTION REFORM GRANT PROGRAM.
(a) Establishment of the Federal Election Reform Grant Program.--
There is established the Federal Election Reform Grant Program under
which the Commission is authorized to award grants to States and
localities to pay the Federal share of the costs of the activities
described in subsection (d).
(b) Application for Federal Election Reform Grants.--
(1) In general.--Each State or locality that desires to
receive a grant under this section shall submit an application
to the Commission at such time, in such manner, and containing
such information as the Commission shall require (consistent
with the provisions of this section).
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) contain a request for certification by the
Assistant Attorney General for Civil Rights (in this
section referred to as the ``Assistant Attorney
General'') described in paragraph (3);
(C) provide assurances that the State or locality
will pay the non-Federal share of the cost of the
activities for which assistance is sought from non-
Federal sources; and
(D) provide such additional assurances as the
Commission determines to be essential to ensure
compliance with the requirements of this section.
(3) Request for certification by assistant attorney
general.--
(A) In general.--Except as provided in subparagraph
(B), each request for certification described in
subsection (b)(2)(B) shall contain a specific and
detailed demonstration that the State or locality--
(i)(I) is in compliance with the Voting
Rights Act of 1965 (42 U.S.C. 1973 et seq.),
including sections 4(f)(4) and 203 of such Act (42 U.S.C. 1973b(f)(4)
and 1973aa-1a), the National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.), and the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.);
(II) is in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) and the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.) in conducting elections for
Federal office; and
(III) provides blind and disabled voters a
verifiable opportunity to vote under the same
conditions of privacy and independence as
nonvisually impaired or nondisabled voters at
each polling place;
(ii) permits provisional voting or will
implement a method of provisional voting
(including notice to the voter regarding the
disposition of the ballot) consistent with the
recommendation adopted or modified by the
Commission under section 203(1);
(iii) has implemented safeguards to ensure
that--
(I) the State or locality maintains
an accurate and secure list of
registered voters listing those voters
legally registered and eligible to
vote; and
(II) only voters who are not
legally registered or who are not
eligible to vote are removed from the
list of registered voters;
(iv) has implemented safeguards to ensure
that members of the Armed Forces and voters
outside the United States have the opportunity
to vote and to have their vote counted; and
(v) provides for voter education programs
and poll worker training programs consistent
with the recommendations adopted by the
Commission under section 203(1).
(B) Applicants unable to meet requirements.--Each
State or locality that, at the time it applies for a
grant under this section, does not demonstrate that it
meets each requirement described in subparagraph (A),
shall submit to the Commission a detailed and specific
demonstration of how the State or locality intends to
use grant funds to meet each such requirement.
(c) Approval of Applications.--
(1) In general.--Subject to paragraphs (2) and (3), the
Commission shall establish general policies and criteria for
the approval of applications submitted under subsection (b)(1).
(2) Priority based on deficiencies and need.--In awarding
grants to States and localities under this section, the
Commission shall give priority to those applying States and
localities that--
(A) have the most qualitatively or quantitatively
deficient systems of voting and administering elections
for Federal office; and
(B) have the greatest need for Federal assistance
in implementing the recommendations, as adopted by the
Commission.
(3) Certification procedure.--
(A) In general.--The Commission may not approve an
application of a State or locality submitted under
subsection (b)(1) unless the Commission has received a
certification from the Assistant Attorney General under
subparagraph (D) with respect to such State or
locality.
(B) Transmittal of request.--Upon receipt of the
request for certification submitted under subsection
(b)(2)(B), the Commission shall transmit such request
to the Assistant Attorney General.
(C) Certification; noncertification.--
(i) Certification.--If the Assistant
Attorney General finds that the request for
certification demonstrates that a State or
locality meets the requirements of subsection
(b)(3)(A), or that a State or locality has
provided a detailed and specific demonstration
of how it will use funds received under this
section to meet such requirements, the
Assistant Attorney General shall certify that
the State or locality is eligible to receive a
grant under this section.
(ii) Noncertification.--If the Assistant
Attorney General finds that the request for
certification does not demonstrate that a State
or locality meets the requirements of
subparagraph (A) or (B) of subsection (b)(3),
the Assistant Attorney General shall not
certify that the State or locality is eligible
to receive a grant under this section.
(D) Transmittal of certification.--The Assistant
Attorney General shall transmit to the Commission a
certification under clause (i) of subparagraph (C), or
a notice of noncertification under clause (ii) of such
subparagraph, together with a report identifying the
relevant deficiencies in the State's or locality's
system for voting or administering elections for
Federal office or in the request for certification
submitted by the State or locality.
(d) Authorized Activities.--A State or locality that receives a
grant under this section may use the grant funds as follows:
(1) In general.--Subject to paragraph (2)--
(A) a State or locality may use grant funds to
implement any recommendation adopted or modified by the
Commission; and
(B) a State or locality that does not meet a
certification requirement described in subsection
(b)(3)(A) may use grant funds to meet that
certification requirement not later than the first
Federal election following the date on which the grant was awarded or
the date that is 3 months after the date on which the grant was
awarded, whichever is later.
(2) Voting mechanism requirements.--Any voting mechanism
purchased in whole or in part with a grant made under this
section shall--
(A) have an error rate no higher than that
prescribed by the voting systems standards issued or
adopted by the Commission under section 203(2);
(B) in the case of a voting mechanism that is not
used for absentee or mail voting--
(i) permit each voter to verify the voter's
vote before a ballot is cast;
(ii) be capable of notifying the voter,
before the ballot is cast, if such voter votes
for--
(I) more than 1 candidate (if
voting for multiple candidates is not
permitted) for an office; or
(II) fewer than the number of
candidates for which votes may be cast
for an office; and
(iii) provide such voter with the
opportunity to modify the voter's ballot before
it is cast; and
(C) have the audit capacity to produce a record for
each ballot cast.
(3) Compliance with existing law.--Each recipient of a
grant under this section shall ensure that each activity funded
(in whole or in part) with a grant awarded under this section
is conducted in accordance with each law described in
subsection (b)(3)(A)(i).
(e) Payments; Federal Share.--
(1) Payments.--The Commission shall pay to each State or
locality having an application approved under subsection (c)
the Federal share of the costs of the activities described in
subsection (d).
(2) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the costs shall be a
percentage determined by the Commission that does not
exceed 75 percent.
(B) Exception.--The Commission may provide for a
Federal share of greater than 75 percent of the costs
for a State or locality if the Commission determines
that such greater percentage is necessary due to the
lack of resources of the State or locality.
(f) Reports.--
(1) States and localities.--
(A) In general.--Not later than the date that is 6
months after the date on which a State or locality
receives a grant under this section, such State or
locality shall submit to the Commission a report
describing each activity funded by the grant, including
(if applicable) sufficient evidence that the State or
locality has used or is using grant funds to meet the
requirements of subsection (b)(3)(A).
(B) Transmittal.--Upon receipt of the report
submitted under subparagraph (A), the Commission shall
transmit such report to the Assistant Attorney General.
(2) Commission.--
(A) In general.--Not later than the date that is 1
year after the date on which the first payment is made
under subsection (e)(1), and annually thereafter, the
Commission shall submit to Congress a report on the
activities of the Commission and the Assistant Attorney
General under this section.
(B) Contents.--The report submitted under
subparagraph (A) shall contain a description of the
Federal Election Reform Grant Program established under
subsection (a), a description and analysis of each
grant awarded under this section, and such
recommendations for legislative action as the
Commission considers appropriate.
(g) Audits of Grant Recipients.--
(1) Recordkeeping requirement.--Each recipient of a grant
under this section shall keep such records as the Commission
shall prescribe.
(2) Audits of recipients.--
(A) In general.--The Commission--
(i) may audit any recipient of a grant
under this section to ensure that funds awarded
under the grant are expended in compliance with
the provisions of this title; and
(ii) shall have access to any record of the
recipient that the Commission determines may be
related to such a grant for the purpose of
conducting such an audit.
(B) Other audits.--If the Assistant Attorney
General has certified a State or locality as eligible
to receive a grant under this section in order to meet
a certification requirement described in subsection
(b)(3)(A) (as permitted under subsection (d)(1)(B)) and
such State or locality is a recipient of such a grant,
the Assistant Attorney General, in consultation with
the Commission shall, after receiving the report
submitted under subsection (f)(1)(A)--
(i) audit such recipient to ensure that the
recipient has achieved, or is achieving,
compliance with the certification requirements
described in subsection (b)(3)(A); and
(ii) shall have access to any record of the
recipient that the Commission determines may be
related to such a grant for the purpose of
conducting such an audit.
(h) Effective Date.--The Commission shall establish the general
policies and criteria for the approval of applications submitted under
subsection (b)(1) in a manner that ensures that the Commission is able
to approve applications not later than 30 days after the date on which
the Commission adopts or modifies the recommendations under section
203(1).
SEC. 205. MEETINGS OF THE COMMISSION.
The Commission shall meet at the call of any member of the
Commission, but may not meet less often than monthly.
SEC. 206. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings for
the purpose of carrying out this title, sit and act at such
times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out
this title.
(2) Oaths and affirmations.--The Commission may administer
oaths and affirmations to witnesses appearing before the
Commission.
(b) Voting.--Each action of the Commission shall be approved by a
majority vote of the members of the Commission. Each member of the
Commission shall have 1 vote.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this title. Upon request of
the Commission, the head of such department or agency shall furnish
such information to the Commission.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services that are necessary to enable the Commission to carry out its
duties under this title.
(f) Website.--The Commission shall establish a website to
facilitate public comment and participation. The Commission shall make
all information on its website available in print.
SEC. 207. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission shall
be compensated at the annual rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5, United States
Code.
(b) Staff.--
(1) Appointment and termination.--
(A) In general.--The Commission may, without regard
to the provisions of title 5, United States Code,
governing appointments in the competitive service,
appoint and terminate an executive director and such
other additional personnel as may be necessary to
enable the Commission to perform its duties.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(2) Compensation.--The Commission may fix the compensation
of the executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(c) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to the Commission such sums as may be necessary to
carry out this title.
(b) Federal Election Reform Grants.--For the purpose of awarding
grants under section 204, there are authorized to be appropriated to
the Commission--
(1) for each of fiscal years 2002 through 2006,
$500,000,000; and
(2) for each subsequent fiscal year, such sums as may be
necessary.
SEC. 209. OFFSET OF AUTHORIZED SPENDING.
(a) In General.--Budget authority provided as authorized by this
title shall be offset by reductions in budget authority provided to
existing programs.
(b) Committees on Appropriations.--The Committees on Appropriations
of the House of Representatives and the Senate shall reduce budget
authority as required by subsection (a) in any fiscal year that budget
authority is provided as authorized by this title.
TITLE III--ELECTION ADMINISTRATION ADVISORY BOARD
SEC. 301. ESTABLISHMENT OF THE ELECTION ADMINISTRATION ADVISORY BOARD.
There is established the Election Administration Advisory Board (in
this title referred to as the ``Board'').
SEC. 302. MEMBERSHIP OF THE BOARD.
(a) Number and Appointment.--The Board shall be composed of 24
members appointed by the Election Administration Commission established
under section 201 (in this title referred to as the ``Commission'') as
follows:
(1) 12 members appointed by the chairperson of the
Commission.
(2) 12 members appointed by the vice chairperson of the
Commission.
(b) Qualifications.--
(1) In general.--Members appointed under subsection (a)
may--
(A) have experience administering State and local
elections; and
(B) be members of nongovernmental organizations
concerned with matters relating to Federal, State, or
local elections.
(2) Prohibition.--A member of the Board appointed under
paragraph (1) may not be a candidate (as defined in section 301
of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)),
or hold a Federal office (as defined in such section) while
serving as a member of the Board.
(3) Federal officers and employees.--No member of the Board
may be an officer or employee of the Federal Government.
(c) Date of Appointment.--The appointments of the members of the
Board under subsection (a) shall be made not later than 90 days after
the date on which all the members of the Commission have been appointed
under section 202.
(d) Period of Appointment; Vacancies.--
(1) Period of appointment.--Members shall be appointed for
a period of 2 years.
(2) Vacancies.--
(A) In general.--A vacancy on the Board shall not
affect its powers, but shall be filled in the manner in
which the original appointment was made. The
appointment made to fill the vacancy shall be subject
to any conditions that applied with respect to the
original appointment.
(B) Filling unexpired term.--An individual chosen
to fill a vacancy on the Board occurring prior to the
expiration of the term for which the individual's
predecessor was appointed shall be appointed for the
unexpired term of the member replaced.
(3) Expiration of terms.--A member of the Board may serve
on the Board after the expiration of the member's term until
the successor of such member has taken office as a member of
the Board.
(e) Chairperson; Vice Chairperson.--
(1) In general.--The Board shall elect a chairperson and
vice chairperson from among its members to serve a term of 1
year.
(2) Political affiliation.--The chairperson and vice
chairperson may not be affiliated with the same political
party.
SEC. 303. DUTY OF THE BOARD.
It shall be the duty of the Board to advise the Commission on
matters relating to the administration of elections upon the request of
the Commission.
SEC. 304. MEETINGS OF THE BOARD.
(a) In General.--The Board shall meet at the call of the
chairperson.
(b) Annual Meeting Required.--The Board shall meet not less often
than annually.
(c) Initial Meeting.--Not later than 30 days after the date on
which all members of the Board have been appointed, the Board shall
hold its first meeting.
(d) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 305. VOTING.
Each action of the Board shall be approved by a majority vote of
the members of the Board. Each member of the Board shall have 1 vote.
SEC. 306. BOARD PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Board shall serve
without compensation, notwithstanding section 1342 of title 31, United
States Code.
(b) Travel Expenses.--Each member of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
SEC. 307. TERMINATION OF THE BOARD.
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Board.
SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Board such sums as may be necessary to carry out this title.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended.
TITLE IV--TRANSITION PROVISIONS
Subtitle A--Transfer to Election Administration Commission of Functions
Under Certain Laws
SEC. 401. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Transfer of Functions of Office of Election Administration of
Federal Election Commission.--There are transferred to the Election
Administration Commission established under section 201 all functions
which the Office of the Election Administration, established within the
Federal Election Commission, exercised before the date of enactment of
this Act.
(b) Conforming Amendment.--Section 311(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) in paragraph (8), by inserting ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (10) and the second and third
sentences.
SEC. 402. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
(a) Transfer of Functions.--There are transferred to the Election
Administration Commission established under section 201 all functions
which the Presidential designee under title I of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.)
exercised before the date of enactment of this Act.
(b) Conforming Amendment.--Section 101 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended by
striking subsection (a) and inserting the following:
``(a) Presidential Designee.--The Election Administration
Commission shall have primary responsibility for Federal functions
under this title as the Presidential designee.''.
SEC. 403. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) Transfer of Functions.--There are transferred to the Election
Administration Commission established under section 201 all functions
which the Federal Election Commission exercised under the National
Voter Registration Act of 1993 before the date of enactment of this
Act.
(b) Conforming Amendment.--Section 9(a) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is amended by striking
``Federal Election Commission'' and inserting ``Election Administration
Commission''.
SEC. 404. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) Property and Records.--The contracts, liabilities, records,
property, and other assets and interests of, or made available in
connection with, the offices and functions of the Federal Election
Commission which are transferred by this subtitle are transferred to
the Election Administration Commission for appropriate allocation.
(b) Personnel.--The personnel employed in connection with the
offices and functions of the Federal Election Commission which are
transferred by this subtitle are transferred to the Election
Administration Commission.
SEC. 405. EFFECTIVE DATE; TRANSITION.
(a) Effective Date.--This title and the amendments made by this
title shall take effect upon the appointment of all members of the
Election Administration Commission under section 203.
(b) Transition.--With the consent of the entity involved, the
Election Administration Commission is authorized to utilize the
services of such officers, employees, and other personnel of the
entities from which functions have been transferred to the Commission
under this title or the amendments made by this title for such period
of time as may reasonably be needed to facilitate the orderly transfer
of such functions.
Subtitle B--Coverage of Election Administration Commission Under
Certain Laws and Programs
SEC. 411. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN CIVIL SERVICE
LAWS.
(a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I) of title
5, United States Code, is amended by inserting ``or the Election
Administration Commission'' after ``Commission''.
(b) Exclusion From Senior Executive Service.--Section 3132(a)(1)(C)
of title 5, United States Code, is amended by inserting ``or the
Election Administration Commission'' after ``Commission''.
SEC. 412. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.
(a) In General.--Section 8G(a)(2) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting ``, the Election
Administration Commission,'' after ``Federal Election Commission,''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the appointment of all members of the
Election Administration Commission under section 203.
TITLE V--ABSENT UNIFORMED SERVICES VOTERS
SEC. 501. MAXIMIZING ACCESS TO THE POLLS BY ABSENT UNIFORMED SERVICES
VOTERS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
(1) in the matter preceding paragraph (1), by striking ``it
is recommended that the States'' and inserting ``each State, in
each election for Federal office, shall''; and
(2) by striking the heading and inserting the following:
``SEC. 104. MAXIMIZING ACCESS TO THE POLLS BY ABSENT UNIFORMED SERVICES
VOTERS.''.
(b) Conforming Amendments.--
(1) Section 101(b) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(b)) is amended--
(A) in paragraph (2), by striking ``as recommended
in'' and inserting ``as required by''; and
(B) in paragraph (4), by striking ``as recommended
in'' and inserting ``as required by''.
(2) Section 104 of such Act (42 U.S.C. 1973ff-3) is
amended--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (5) through (9) as
paragraphs (4) through (8), respectively; and
(C) in paragraph (5) (as so redesignated), by
striking ``the State or other place where the oath is
administered'' and inserting ``a State''.
TITLE VI--MISCELLANEOUS
SEC. 601. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Any right or remedy established by this Act is in
addition to each other right and remedy established by law.
(b) Specific Laws.--Nothing in this Act may be construed to
authorize or to require conduct prohibited under the following laws, or
to supersede, to restrict, or to limit such laws:
(1) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(2) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(3) The Rehabilitation Act of 1973 (42 U.S.C. 701 et seq.).
(4) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(5) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(c) Effect on Preclearance Requirements.--Any approval or
certification by the Election Administration Commission or the
Assistant Attorney General for Civil Rights of the application of a
State or locality submitted under section 204(b)(1) shall not affect
any requirements for preclearance under section 5 of the Voting Rights
Act of 1965 (42 U.S.C. 1973c).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5631)
Read twice and referred to the Committee on Rules and Administration.
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