HR 263 IH

To establish an Election Administration Commission to study Federal, State, and local voting procedures and election administration and provide grants to modernize voting procedures and election administration, and for other purposes.

January 30, 2001

Mr. THOMAS M. DAVIS of Virginia (for himself, Mr. ROTHMAN, Mr. KENNEDY of Rhode Island, Mrs. WILSON, Mr. DREIER Mr. HASTINGS of Florida, Mr. FILNER, Mr. RODRIGUEZ, Mr. MORAN of Virginia, Mr. MCDERMOTT, Ms. RIVERS, Mr. WHITFIELD, and Mr. CROWLEY) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To establish an Election Administration Commission to study Federal, State, and local voting procedures and election administration and 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 `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--ELECTION ADMINISTRATION COMMISSION

Sec. 101. Establishment of Election Administration Commission.

Sec. 102. Duties of the Commission.

Sec. 103. Membership.

Sec. 104. Powers of the Commission.

Sec. 105. Commission personnel matters.

Sec. 106. Authorization of appropriations.

Sec. 107. Office of Election Administration of the Federal Election Commission.

Sec. 108. Uniformed and Overseas Citizens Absentee Voting Act.

Sec. 109. Technical amendments.

TITLE II--ELECTION ADMINISTRATION ADVISORY BOARD

Sec. 201. Establishment of Election Administration Advisory Board.

Sec. 202. Duty of the Board.

Sec. 203. Board personnel matters.

Sec. 204. Termination of the Board.

Sec. 205. Authorization of appropriations.

TITLE III--ABSENT UNIFORMED SERVICES VOTERS

Sec. 301. Maximizing access to the polls by absent uniformed services voters.

TITLE IV--MISCELLANEOUS

Sec. 401. Relationship to other laws.

TITLE I--ELECTION ADMINISTRATION COMMISSION

SEC. 101. ESTABLISHMENT OF ELECTION ADMINISTRATION COMMISSION.

There is established the Election Administration Commission (in this Act referred to as the `Commission').

SEC. 102. DUTIES OF THE COMMISSION.

(a) IN GENERAL- The Commission shall--

(1)(A) not later than 1 year after the date of enactment of this Act, develop and adopt, by vote of the Commission, voluntary engineering and procedural performance standards for voting systems used in Federal, State, and local elections; and

(B) not less frequently than once every 4 years, update the standards developed and adopted under subparagraph (A) by vote of the Commission;

(2)(A) 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;

(B) not later than 1 year after the date of enactment of this Act, develop and adopt, by vote of the Commission, voluntary procedures for maintaining and enhancing the accessibility of registration facilities, polling places, and voting methods for voters, including disabled voters; and

(C) not less frequently than once every 4 years, update the voluntary procedures developed and adopted under subparagraph (B);

(3) 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;

(4) develop, update, and adopt, by vote of the Commission, not less often than every 4 years, recommendations for voluntary procedures for maintaining and enhancing the administration of Federal, State, and local elections;

(5) carry out the provisions of section 9 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding mail voter registration;

(6) make available information regarding the Federal election system to the public and media;

(7) 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; and

(8) compile and make available to the public the official certified results of Federal elections and statistics regarding national voter registration and turnout.

(b) STUDY OF ELECTION ADMINISTRATION- Beginning on the date that is 1 day after the date on which all the members are initially appointed to the Commission, the Commission shall make periodic studies, which shall be made available to the public, of issues related to the administration of elections, such as procedures which represent the best practices in election administration, including--

(1) election technology and systems and ballot design;

(2) voter registration, and verification and maintenance of voter rolls;

(3) access to polling places;

(4) alternative voting methods; and

(5) the accuracy and security of election procedures and vote counts.

(c) GRANT PROGRAM-

(1) GRANT AUTHORITY-

(A) IN GENERAL- Not less often than once each calendar year, the Commission shall solicit and review applications from State and local governments for grants to improve and modernize the administration of elections using procedures consistent with voluntary recommendations adopted by the Commission.

(B) AWARD-

(i) IN GENERAL- Subject to clause (ii), the Commission shall, by vote, award grants to State and local governments that submit applications.

(ii) FIRST 4 YEARS- During the first 4 years in which the Commission awards grants under this subsection, the Commission shall, if possible, award 51 percent of the amounts available for each year under this subsection to local governments that serve a population whose average per capita income is among the lowest 1/4 in the State (as determined by the Commission).

(2) STATE AND LOCAL APPLICATIONS- State and local governments shall submit applications to the Commission for grants under paragraph (1) at such time, in such manner, and containing such information as the Commission shall by regulation require.

(3) USE OF FUNDS-

(A) MATCHING FUNDS- The Commission shall ensure that any State or local government receiving a grant under this subsection shall expend State or local funds in an amount equal to not less than 25 percent of the amount of the grant awarded.

(B) AUDIT- A State or local government receiving a grant under this subsection shall agree that any funds under the grant are subject to audit whenever the Commission, by vote, requests an audit.

(C) WAIVER- The Commission shall waive the requirement of subparagraph (A) if the Commission determines that the local government submitting an application under paragraph (2) serves a population whose average per capita income is among the lowest 1/4 in the State.

(4) AMOUNT OF GRANT; TIME-

(A) AMOUNT OF GRANT- The Commission shall award grants under this subsection--

(i) for the first fiscal year, in an aggregate amount not to exceed $500,000,000; and

(ii) for each subsequent fiscal year, $100,000,000 or such greater amount as may be appropriated for such fiscal year.

(B) TIME TO ALLOCATE- The Commission shall begin review of applications for grants under this subsection on the date which is 1 year and 45 days after the date of enactment of this Act.

(5) APPROPRIATIONS- Funds appropriated for a fiscal year to the Commission to award grants under this subsection that are not used for such purpose shall be returned to the Treasury by the end of such year.

(d) REPORT- The Commission shall annually submit to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives a report regarding the activities of the Commission.

SEC. 103. MEMBERSHIP.

(a) MEMBERSHIP-

(1) COMPOSITION- The Commission shall be composed of 4 members appointed by the President, by and with the advice and consent of the Senate.

(2) PARTY AFFILIATION- Not more than 2 of the 4 members appointed under paragraph (1) may be members of the same party.

(3) QUALIFICATIONS- Members appointed under paragraph (1) shall be chosen on the basis of experience with and knowledge of State and local election administration, integrity, impartiality, and good judgment, and members shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive or legislative branch of the Federal Government. Such individuals shall not engage in any other business, vocation, or employment.

(4) PERIOD OF APPOINTMENT; VACANCIES-

(A) PERIOD OF APPOINTMENT- Members shall be appointed for a term of 4 years, except that of the members first appointed--

(i) 2 of the members, not affiliated with the same party, shall be appointed for 5 years; and

(ii) 2 of the members, not affiliated with the same party, shall be appointed for 4 years.

(B) VACANCIES-

(i) IN GENERAL- A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.

(ii) 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.

(iii) UNEXPIRED TERMS- An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(5) COMPENSATION OF MEMBERS- Each member of the Commission shall receive compensation equivalent to the annual rate of basic pay prescribed for level IV of the Executive Schedule, under section 5315 of title 5, United States Code.

(6) CHAIRPERSON; VICE CHAIRPERSON-

(A) IN GENERAL- The Commission shall elect a chairperson and vice chairperson from among its members for a term of 1 year.

(B) NUMBER OF TERMS- A member may serve as a chairperson only once during any term of office to which such member is appointed.

(C) POLITICAL AFFILIATION- The chairperson and vice chairperson shall not be affiliated with the same political party.

(b) DATE OF APPOINTMENT- The appointments of the members of the Commission shall be made not later than 45 days after the date of enactment of this Act.

(c) VOTING-

(1) IN GENERAL- 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.

(2) CHAIRPERSON OF THE BOARD- After the members of the Election Administration Advisory Board have elected a chairperson of that Board under section 201(e), that chairperson may vote on an action of the Commission if the votes of the members of the Commission are equally divided with respect to that action, and the result of such vote shall be deemed to be approved by a majority vote of the members of the Commission for purposes of paragraph (1).

(d) MEETINGS- The Commission shall meet at the call of any member of the Commission, but may not meet less often than monthly.

(e) JURISDICTION OF COMMISSION- The Commission shall formulate and administer policy with respect to the matters and duties in the jurisdiction of the Commission under this title.

SEC. 104. POWERS OF THE COMMISSION.

(a) HEARINGS AND SESSIONS- 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. The Commission may administer oaths and affirmations to witnesses appearing before the Commission.

(b) 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 chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.

(c) 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.

(d) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the chairperson of the Commission, the Administrator of the General Services Administration 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.

SEC. 105. COMMISSION PERSONNEL MATTERS.

(a) STAFF-

(1) IN GENERAL- The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(2) COMPENSATION- The chairperson of 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.

(b) 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.

(c) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The chairperson of 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. 106. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this title.

SEC. 107. OFFICE OF ELECTION ADMINISTRATION OF THE FEDERAL ELECTION COMMISSION.

There are transferred to the Commission all functions that the Office of Election Administration, established within the Federal Election Commission, exercised before the date of enactment of this Act.

SEC. 108. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.

(a) TRANSFER OF FUNCTIONS- There are transferred to the Commission established under section 101 all functions that the Presidential designee under title 1 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) TRANSITION- With the consent of the appropriate department or agency concerned, the Commission is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Commission for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this section.

(c) TECHNICAL 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. 109. TECHNICAL AMENDMENTS.

(a) FEDERAL ELECTION CAMPAIGN ACT- 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.

(b) NATIONAL VOTER REGISTRATION ACT OF 1993- Section 9(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) is amended by striking `Federal Election Commission' and inserting `Election Administration Commission'.

TITLE II--ELECTION ADMINISTRATION ADVISORY BOARD

SEC. 201. ESTABLISHMENT OF ELECTION ADMINISTRATION ADVISORY BOARD.

(a) ESTABLISHMENT- There is established the Election Administration Advisory Board (in this Act referred to as the `Board').

(b) MEMBERSHIP-

(1) COMPOSITION- The Board shall be composed of 25 members appointed by the Executive Director of the Election Administration Commission established under section 101 (in this title referred to as the `Commission'), by and with the advice and consent of the Commission, from among individuals who--

(A) have experience administering State and local elections; and

(B) are not officers or employees of the Federal Government.

(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) DATE- The appointments of the members of the Board under paragraph (1) shall be made not later than 45 days after the date on which all the members of the Commission have been appointed under section 103.

(c) 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 be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.

(B) FILLING UNEXPIRED TERM- An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(3) EXPIRATION OF TERMS- The term of any member shall not expire before the date on which the member's successor takes office.

(d) MEETINGS-

(1) IN GENERAL- The Board shall meet at the call of the Chairperson.

(2) ANNUAL MEETING REQUIRED- The Board shall meet not less often than annually.

(3) 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.

(4) QUORUM- A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.

(e) CHAIRPERSON-

(1) IN GENERAL- Subject to paragraph (2), the Board shall elect a Chairperson from among its members to serve a term of 1 year.

(2) POLITICAL AFFILIATION- No members of the same political party may hold the position of Chairperson for 2 consecutive terms.

(f) VOTING- Each action of the Board shall be approved by a majority vote of members. Each member shall have 1 vote.

SEC. 202. DUTY OF THE BOARD.

It shall be the duty of the Board to advise the Commission on the best practices in the administration of elections.

SEC. 203. BOARD PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS- Each member of the Board shall serve without compensation.

(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. 204. TERMINATION OF THE BOARD.

Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.

SEC. 205. 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 III--ABSENT UNIFORMED SERVICES VOTERS

SEC. 301. 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 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 IV--MISCELLANEOUS

SEC. 401. 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- Except as provided in section 102(a)(5), nothing in this title 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. 1971 et seq.).

(3) The Rehabilitation Act of 1973 (42 U.S.C. 791 et seq.).

(4) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

END