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SE 2004 Blog

HR 1170, "Equal Protection of Voting Rights Act"

TITLE I - Requirements for Equal Protection of Voting Rights

Sec. 531. Requirements for Equal Protection of Voting Rights

Chapter A- Voting Rights in Federal Elections.

This section establishes requirements for Federal elections.

First, all voting machines used in Federal elections will be required to adhere to the following:

* The machine must permit the voter to verify the votes they selected before the ballot is tabulated.

* The machine must notify the voter before the ballot is cast of overvotes and undervotes
and the consequences of overvotes and undervotes.

* The machine must produce audible record.

Machines will be accessible to voter with disabilities and special needs, including alternative language accessibility and non-visual accessibility for the blind and visually impaired, which provides the same opportunity for access and participation including privacy and independence.

The error rate in counting and tabulating ballots must be as close to zero as possible.

Second, provisional balloting must be permitted in all Federal elections. If a voter claims that he/she is eligible to vote, but is not on the official list of eligible voters, the voter must be notified by an election official that he/she may cast a provisional ballot in the election. The voter can effectuate that right upon written affirmation by the voter before an election official. If, upon prompt investigation, the voter is found to be eligible by the State and local election officials, the ballot will be tabulated. In any event, the individual who cast the provisional ballot will be notified, in writing, of the disposition of the provisional ballot and, if the written affidavit is rejected, the reasons for the rejection.

Third, prior to each Federal election, registered voters will receive a sample ballot together with instructions. In addition, voters will be advised of their voting rights under federal and state law and of the appropriate federal and state agencies to contact if they believe those rights have been violated.

Sec. 532. Requiring states to meet requirements

Each State must meet these requirements for the general election for Federal office being held in the state in 2004.

Sec. 533. Reimbursement for costs of meeting requirements

States will be reimbursed by the Attorney General for all of the costs incurred for implementing these standards. Only states that are operating under the grant programs will be eligible for reimbursement of these costs. The Commission on Voting Rights and Procedures is referred to as "Commission" in this title.

Sec. 534. Responsibilities of Attorney General

This section gives the Attorney General, acting through the Assistant Attorney General for Civil Rights, the responsibility for enforcing the mandates. In order to enforce the mandates, the Attorney General may bring a civil action in the appropriate district court.

Sec. 535. Technical Specifications and Guidelines

This section instructs the Civil Rights Division to develop technical specifications with respect to voting machines and guidelines with respect to the provisional voting and sample ballot requirements.

Chapter B- Voting Rights for States and Local Elections

Sec. 541. Voting Rights for State and Local Elections

This section establishes standards for State and Local elections that, if met, would be reimbursed by the Attorney General.

First, all voting machines used in State and Local elections would be required to adhere to the following:

* The machine must permit the voter to verify the votes they selected before the ballot is tabulated.

* The machine must notify the voter before the ballot is cast of overvotes and undervotes
and the consequences of overvotes and undervotes.

* The machine must produce audible record.

* Machines will be accessible to voter with disabilities and special needs, including alternative language accessibility and non-visual accessibility for the blind and visually impaired, which provides the same opportunity for access and participation including privacy and independence.

* The error rate in counting and tabulating ballots must be as close to zero as possible.

Second, provisional balloting would be permitted in all Federal elections. If a voter claims that he/she is eligible to vote, but is not on the official list of eligible voters, the voter must be notified by an election official that he/she may cast a provisional ballot in the election. The voter can effectuate that right upon written affirmation by the voter before an election official. If, upon prompt investigation, the voter is found to be eligible by the State and local election officials, the ballot will be tabulated. In any event, the individual who cast the provisional ballot will be notified, in writing, of the disposition of the provisional ballot and, if the written affidavit is rejected, the reasons for the rejection.

Third, prior to each Federal election, registered voters would receive a sample ballot together with instructions. In addition, voters will be advised of their voting rights under federal and state law and of the appropriate federal and state agencies to contact if they believe those rights have been violated.

Sec. 542. Reimbursement for costs of meeting requirements

Sec. 543. Responsibilities of Attorney General

Sec. 544. Technical Specifications and Guidelines

Chapter C- Definitions

Sec. 551. Definitions

This section specifies the following definitions:

(1) an "election" means a general, special, primary or runoff election for Federal office.

(2) the term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands.

TITLE II - EARLY BIRD AND GOOD CITIZEN GRANT PROGRAM

This title establishes a grant program as an incentive for states who reform their election procedures, technology, and administration prior to the 2004 general elections.

Sec. 571. Establishment of Grant Program

The Assistant Attorney General for the Office of Justice Programs and the Assistant Attorney General for the Civil Rights Division are authorized to make grants to States and localities to pay the Federal share of the costs of the activities in the grant programs.

Sec. 572. Authorized Activities

States and localities will be able to use their grant monies for the following:

Improving or replacing voting equipment or technology and improving the accessibility of polling places, including providing physical changes to assist voters with disabilities and special needs and providing assistance for limited English language proficiency voters.

Implementing new election administration procedures to increase voter participation and reduce disenfranchisement, such as "same day" voter registration procedures.

Educating voters on procedures, voting rights, and technology, and to train election personnel.

Implementing recommendations upon completion of the Commission's final report.

Sec. 573. General Policies and Criteria for the Approval of Applications of States and Localities; Requirements of State Plans

In order to receive grants, states must endorse a plan that provides for the following:

Provide uniform nondiscriminatory standards for election administration and technology that implement the mandatory requirements in section 101.

Avoiding overbroad felony voter purges

Voting standards that ensure the ease and convenience of voters, including nonvisual access for voters with special needs with equal access and participation, including privacy and independence, compliance with the Voting Accessibility for the Elderly and Handicapped Act and the Voting Rights Act of 1993, including provisions relating to limited English proficiency voters.

Effective methods to notify and educate voters on the procedures and rights at polling places.

Voter education and training programs, including education about voting rights.

The assurance that overseas voters and absent uniformed service voter are able to exercise their voting rights.

The criteria established by the Attorney General must be consistent with the requirements established by the Commission. Any voting machine purchases made pursuant to this grant program and prior to the issuance of the requirements by the Commission shall be deemed to meet those requirements.

Sec. 574. Submission of Applications of States and Localities

This section ensures public transparency for state plans at the state level. It ensures that each State desiring a grant must submit an application to the Attorney General accompanied by a state plan developed in consultation with State and local officials, and contains a detailed explanation of how the state will comply to the requirements described in Section203(b). Also, the assurance that the State will pay the non-Federal share of the costs and any other assurances determined to be essential by the Attorney General and the FEC. State plans must also be made available for public review and comment. In addition, this section ensures that applications received by localities are consistent with the state plan, that they are not duplicating the state effort and they are in compliance with the state matching requirement.

Sec. 575. Approval of Applications of States and Localities

This section ensures public transparency for state plans at the federal level. It allows the Attorney General to approve applications and publish the State plan contained in the application in the Federal Register, in addition to soliciting comments on the plan from the public. After 30 days, which begins on the day the State plan is published the Attorney General, in consultation with the FEC may approve or disapprove the application for the grant. Upon the approval of a State application, the Attorney General may then approve the application submitted by the locality.

Sec. 576. Federal Matching Funds

States and localities that receive approval under section 205 will receive the Federal share of costs of the activities described in the application. The Federal share will be 80 percent. The Attorney General may specify greater than 80 percent under certain terms and conditions. As an incentive for states to participate in the grant programs at the earliest possible moment, applications that are received prior to March 1, 2002, the Federal share will increased to 90 percent.

Sec. 577. Audits and Examinations of States and Localities

This section ensures that grant recipients are accountable. The Attorney General and the Comptroller General or any authorized representative of either office may audit and have access to any relevant records of any grant recipient.

Sec. 578. Reports to Congress and the Attorney General

Ensures that the Attorney General submits a report on the program to the President and to Congress not later than January 31, 2003, and each year thereafter. Each report must contain a description and analysis if the activities being funded and any recommendation for legislative or administrative action. In addition, each grant recipient will be required to submit a report to the Attorney General, in such time and manner as he/she deems appropriate.

Sec. 579. Nondiscrimination

Establishes the grant program as a program receiving Federal financial assistance for the purposes of apply prohibitions against age, race, color, national origin, and sex discrimination.

Sec. 580. Definitions of State and Locality

Defines the term "State" to mean each of several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the U.S. Virgin Islands. The term "locality" means a subdivision of a State.

Sec. 581. Authorization of Appropriations

$700,000,000 shall be appropriated to the Department of Justice for fiscal year 2002 and such sums as may be necessary for 2003, 2004, 2005, and 2006. These amounts shall be used to award grants, and to pay the cost of administering the programs to award such grants. Also, such amounts necessary will be appropriated to the Federal Election Commission for fiscal years, 2002-2006. Not more than 1 percent of sums appropriated my be used to pay administrative costs. In addition, the bill authorizes immediate funding for 2001.

TITLE III-COMMISSION ON VOTING RIGHTS AND PROCEDURES

Sec. 301. Establishment

The Commission on Voting Rights and Procedures is referred to as "Commission" in this title.

Sec. 302. Membership of the Commission

This section ensures that the Commission is politically balanced. The Commission shall be comprised of 12 members, 6 members will be presidential appointees, 3 members shall be appointed by the Minority Leader (or, if the Minority Leader is a member of the same political party as the President, by the Majority Leader of the Senate), and 3 members shall be appointed by the Minority or Majority Leader (depending on political party of the President). Each appointed member will be chosen on the basis of experience with, and knowledge of election law, election technology, Federal, State or local election administration, the Constitution and the history of the United States.

Each Member shall be appointed for the life of the Commission. In the event of a vacancy on the Commission, not later then 60 days after the vacancy, the vacancy will be filled in the same manner as the original appointment was made and will be subject to the same conditions which applied to the original appointment. The Commission shall elect a chairperson and vice chairperson. The chairperson and the vice chairperson may not be affiliated with the same political party.

The appointment of the Members of the Commission shall be made not later than 45 days after the date of the enactment. The Commission shall have their initial meeting not later than 20 days after the date in which all members have been appointed. Each action of the Commission shall be approved by a majority vote of all Commissioners.

Sec. 303. Other Duties of the Commission

Requires the Commission to conduct a thorough study of the following issues:

* Voter intimidation, both real and perceived.

* Access to ballots and polling places.

* Voter registration and maintenance of voter rolls.

The feasibility and advisability of establishing the date on which elections for Federal office are held as a Federal or state holiday; How the Federal government can, on a permanent basis, provide ongoing assistance to State and local authorities to improve the administration of elections for Federal office and whether they should provide such a assistance.

* Election personnel and volunteer training.

* Designs of ballots and the uniformity of ballots.

* Alternative voting methods.

* Accuracy of voting, election procedures, and election technology.

* Election technology and systems.

The implementation of title I of the Uniformed and Overseas Citizens Absentee Voting Act and the amendments made by Title II of that Act.

In addition, the Commission is required to establish an Internet website to facilitate public comment and participation in addition to GPO publication already required under law.

First, the Commission will issue recommendations as to the best practices to utilize in voting and election administration.

These recommendations must be:

* convenient

* accessible

* nondiscriminatory

* easy to use by all voters

* yield the broadest participation

* produce accurate results

Second, the Commission will develop specific recommendations on how the Federal Government can provide ongoing assistance to State and local authorities to improve the administering of elections for Federal office, and identify whether an existing or a new Federal agency should provide such assistance.

Third, the Commission will develop recommendations to increase voter participation, these recommendations should:

* Increase voter registration.

* Increase the accuracy of voter rolls and participation and inclusion of legal voters.

* Improve voter education.

* Improve the training of election personnel and volunteers.

The Commission will be required to submit a final report that has been received with approval of a majority to the President and to Congress no later than 1 year after the enactment of this Act. The report must contain a detailed statement of the findings and conclusions, detailed recommendations each of which have received a majority vote and any dissenting or minority opinions.

Sec. 304. Powers of the Commission

Allows the Commission to conduct hearings, take testimony, receive evidence, and administer oaths. In addition, the Commission may subpoena or otherwise require the attendance and testimony of witnesses and evidence. Subpoenas shall be issued by the chairperson and vice chairperson acting jointly, failure to obey the order of the court may be punished as a contempt of that court. In addition, any information the Commission requests from Federal agencies must be furnished.

Sec. 305. Commission Personnel Matters

Allows for members who are not officers or employees of the Federal government to receive compensation at the rate equal to the daily equivalent to level IV of the Executive Schedule under section 5315 of title 5, U.S.C. for each day including travel time when members are engaged in Commission duties. Members who are employees of the federal government will not be compensated. In addition, the chairperson and vice chairperson may appoint an executive director and may detail employees from the Federal government.

Sec. 306. Termination of the Commission

45 days after the completion of the Commission's report to the President and Congress the Commission will be terminated.

Sec. 307. Authorization of Appropriations for the Commission

This section authorizes such sums as necessary for the Commission to carry out their functions.

TITLE IV- Antitrust Exemption for Cooperative Activities Relating to Compliance of Voting Systems With Requirements

Sec. 401. Antitrust Exemption

This section exempts voting technology companies from laws which apply to the sharing of any information, research, or data relating to voting system development. However, this is not an exemption of any activity resulting in price fixing or boycotting.

TITLE V- MISCELLANEOUS

Sec. 501. Relationship to Other Laws

Nothing in this act may be construed to authorize or require conduct prohibited under the following laws, or supersede, restrict or limit such laws: The National Voter Registration Act of 1993, the Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Handicapped Act, the Uniformed and Overseas Citizens Absentee Voting Act, or the Americans with Disabilities Act of 1990. The approval of a State's application by the attorney General shall not be considered to have any effect on requirements for preclearance under the Voting Rights Act of 1965.

Sec. 502. Severability

This section states that if any provision of the bill or amendment made by the bill is unconstitutional, the remainder of the bill will not necessarily be considered unconstitutional.

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