S 379 IS

To establish the National Commission on the Modernization of Federal Elections to conduct a study of Federal voting procedures and election administration, to establish the Federal Election Modernization Grant Program to provide grants to States and localities for the modernization of voting procedures and election administration, and for other purposes.

February 15, 2001

Mr. SCHUMER (for himself, Mr. BROWNBACK, Mr. KENNEDY, Mr. CLELAND, Mr. KERRY, Mr. LEAHY, Mr. DURBIN, Mr. KOHL, Ms. COLLINS, Ms. LANDRIEU, Mr. MCCAIN, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

To establish the National Commission on the Modernization of Federal Elections to conduct a study of Federal voting procedures and election administration, to establish the Federal Election Modernization Grant Program to provide grants to States and localities for the modernization of 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.

This Act may be cited as the `Federal Election Modernization Act of 2001'.

SEC. 2. FINDINGS.

Congress finds as follows:

(1) The right to vote is fundamental to citizenship, and it is vital that Americans have confidence in the manner and conduct of elections.

(2) Many Americans use antiquated methods to vote and tabulate the results in Federal elections. In the age of the microchip, Federal elections are still conducted using punch cards and voting machines invented in the 19th century and no longer even manufactured.

(3) Our failure to modernize our system for voting and administering elections has led to a variety of damaging effects.

(4) First, voters experience unnecessary delay, confusion, and inconvenience when voting.

(5) Second, our outdated voting system may produce incomplete or inaccurate results, as when machines tabulating votes misread ballots or when decades-old voting machines break down on election day.

(6) Third, the speed and timeliness of tabulating votes is often compromised by antiquated technology and methods.

(7) Fourth, the problems inherent in our current system of voting play a role in depressing voter turnout, which has declined by nearly 20 percent in only 40 years.

(8) In addition, voters in rural areas of the United States face unique difficulties in reaching polling places and in affording the acquisition of new technology to conduct elections.

(9) Recently, States have begun experimenting with new and innovative ways of voting and administering elections. For example, Oregon conducts elections by mail, Delaware voters use computerized voting terminals, and the Democratic Party in Arizona has conducted a Presidential primary election via the Internet.

(10) Local governments, which are often charged with buying new voting equipment and paying for other facets of administering elections, often lack the funds needed to upgrade their election systems.

(11) It is urgently necessary to build upon experimentation at the State and international level, study which new systems and ideas merit wider implementation, and provide the funding necessary to enable States and localities to modernize their election systems.

TITLE I--ESTABLISHMENT OF A NATIONAL COMMISSION ON THE MODERNIZATION OF FEDERAL ELECTIONS

SEC. 101. ESTABLISHMENT OF A NATIONAL COMMISSION.

There is established the National Commission on the Modernization of Federal Elections.

SEC. 102. MEMBERSHIP OF THE COMMISSION.

(a) NUMBER AND APPOINTMENT- The Commission shall be composed of 12 members, including--

(1) two members appointed by the President;

(2) one member appointed by the Majority Leader of the Senate;

(3) two members appointed by the Minority Leader of the Senate;

(4) one member appointed by the Speaker of the House of Representatives;

(5) two members appointed by the Minority Leader of the House of Representatives;

(6) the Director of the Office of Election Administration of the Federal Election Commission, who shall be a nonvoting member of the Commission;

(7) one member jointly appointed by the National Association of Secretaries of State and the National Association of State Election Directors, who shall be a nonvoting member of the Commission;

(8) one member jointly appointed by the International Institute of Municipal Clerks; the National Association of County Recorders, Election Officials and Clerks; and the International Association of Clerks, Recorders, Election Officials, and Treasurers, who shall be a nonvoting member of the Commission; and

(9) one member currently serving on and appointed by the United States Commission on Civil Rights, who shall be a nonvoting member of the Commission.

(b) CONSULTATION AND BALANCE REQUIRED- The Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives shall consult among themselves prior to appointment of the members of the Commission in order to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission under section 103, and regional and geographical balance among the members of the Commission.

(c) FEDERAL OFFICERS AND EMPLOYEES- Aside from the Director of the Office of Election Administration of the Federal Election Commission and the member of the United States Commission on Civil Rights, no member of the Commission may be an officer or employee of the United States.

(d) DATE OF APPOINTMENT- The appointments of the members of the Commission shall be made not later than 20 days after the date of enactment of this Act.

(e) TERMS- Each member of the Commission shall be appointed for the life of the Commission.

(f) VACANCIES- A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made.

(g) CHAIRPERSON AND VICE CHAIRPERSON- The Commission shall select a Chairperson and Vice Chairperson from among its members.

SEC. 103. DUTIES OF THE COMMISSION.

(a) STUDY- The Commission shall complete a thorough study of--

(1) current and alternate methods and instruments of voting and counting votes in Federal elections;

(2) current and alternate methods of ensuring the accessibility of voting, polling places, and voting equipment to all voters, including members of the Armed Forces, blind and disabled voters, and elderly voters;

(3) current and alternate methods of ensuring the accuracy of lists of registered voters, and ensuring that all registered voters appear on polling lists;

(4) current and alternate methods of administering and ensuring the security and integrity of Federal elections;

(5) current and alternate methods of educating voters concerning the methods and instruments of voting and other aspects of elections;

(6) matters particularly relevant to voting and administering elections in rural and urban areas;

(7) conducting Federal elections on different days, at different places, and during different hours; and

(8) how the Federal Government can, on a permanent basis, best provide ongoing assistance to State and local authorities to improve the administration of Federal elections; which existing or new Federal agency should provide such assistance; and what levels of funding will be necessary to provide such assistance, including the amount to be appropriated under section 208.

(b) RECOMMENDATIONS-

(1) RECOMMENDATIONS OF BEST PRACTICES IN VOTING AND ELECTION ADMINISTRATION- After studying the matters set forth in subsection (a) (1) through (7), the Commission shall develop specific recommendations as to which methods of voting and administering elections studied by the Commission would--

(A) be most convenient, accessible, and easy to use for voters in Federal elections, including members of the Armed Forces, blind and disabled voters, and elderly voters;

(B) yield the most accurate and expeditious results in Federal elections;

(C) afford all voters an equal opportunity to vote; and

(D) be most efficient and cost-effective for use in Federal elections.

(2) RECOMMENDATIONS FOR PROVIDING ASSISTANCE IN FEDERAL ELECTIONS- After studying the matter set forth in subsection (a)(8), the Commission shall recommend how the Federal Government can, on a permanent basis, best provide ongoing assistance to State and local authorities to improve the administration of Federal elections, which existing or new Federal agency should provide such assistance, and what levels of funding will be necessary to provide such assistance, including the amount to be appropriated under section 208.

(c) REPORTS-

(1) FINAL REPORT- Not later than December 31, 2001, the Commission shall submit a final report to the President and Congress. The report shall contain a detailed statement of the findings and conclusions of the Commission as to the matters studied pursuant to subsection (a), a detailed statement of the recommendations developed pursuant to subsection (b), and any dissenting or minority opinions of the members of the Commission.

(2) INTERIM REPORTS- The Commission shall determine whether any matter to be studied under subsection (a), and any recommendation under subsection (b), may be the subject of an interim report submitted prior to the final report required by subsection (c)(1), and in time for full or partial implementation before the Federal elections held in 2002.

(3) ADDITIONAL REPORTS- The Commission may, together with the final report submitted under paragraph (1), submit such additional reports to the President and Congress as the Commission determines appropriate.

SEC. 104. MEETINGS.

(a) IN GENERAL- The Commission shall meet at the call of the Chairperson. All meetings shall be open to the public.

(b) INITIAL MEETING- Not later than 20 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

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

SEC. 105. POWERS OF THE COMMISSION.

(a) HEARINGS AND SESSIONS- The Commission may hold such hearings for the purpose of carrying out this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission.

(b) VOTING- All actions of the Commission shall be by a majority vote. A vote of 1 member of the Commission shall have the same weight as the vote of any other member of the Commission.

(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 Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.

(d) WEBSITE- For purposes of conducting the study under this title, the Commission shall establish a website to facilitate public comment and participation, and shall also make all information on its website available in print.

(e) 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.

(f) 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 Act.

(g) CONTRACTS- The Commission may contract with and compensate persons and Federal agencies for supplies and services without regard to section 3709 of the Revised Statutes (42 U.S.C. 5).

(h) GIFTS AND DONATIONS- The Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act.

SEC. 106. COMMISSION PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS- Each member of the Commission who is not an officer or employee of the Federal Government 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 Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(b) TRAVEL EXPENSES- The members of the Commission 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 Commission.

(c) 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.

(d) 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.

(e) 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. 107. TERMINATION OF THE COMMISSION.

The Commission shall terminate 30 days after the date on which the Commission submits its final report under this title.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There are authorized to be appropriated $10,000,000 for fiscal year 2002 to the Commission 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--FEDERAL ELECTION MODERNIZATION GRANTS

SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.

The Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs, after consultation with the Director of the Office of Election Administration of the Federal Election Commission, shall develop and publish a plan to award and disburse annual Federal Election Modernization Grants to States and localities.

SEC. 202. CRITERIA.

The Assistant Attorney General for the Office of Justice Programs' plan for awarding and disbursing Federal Election Modernization Grants to States and localities shall include such criteria for considering applications and awarding grants as the Assistant Attorney General for the Office of Justice Programs, after consultation with the Director of the Office of Election Administration of the Federal Election Commission, shall prescribe. Such criteria shall include--

(1) the nature and quantity of deficiencies in an applying State's or locality's methods of voting in and administering Federal elections; and

(2) the applying State's or locality's need for Federal assistance in implementing the recommendations of the Commission.

The Assistant Attorney General for the Office of Justice Programs shall ensure that, to the extent practicable, the distribution of Federal Election Modernization Grants is geographically equitable.

SEC. 203. USES OF GRANT FUNDING.

(a) IN GENERAL- Subject to subsection (b), States and localities may use Federal Election Modernization

Grants to implement any recommendation of the Commission, issued under section 103(b)(1) of this Act, including acquiring new equipment or technology, hiring new employees or contractors, training new or existing personnel, educating voters concerning new means of voting or administering elections, or in any other way appropriate to implement any recommendation of the Commission.

(b) BLIND PEOPLE AND PERSONS WITH DISABILITIES- Any method or instrument of voting funded by the Federal Election Modernization Grant shall be fully accessible to blind people and persons with disabilities and shall ensure that such voters are afforded the opportunity to vote under the same conditions of privacy and independence as other voters.

SEC. 204. DEADLINE FOR APPLICATIONS AND DISBURSEMENT OF ANNUAL AWARDS.

(a) INITIAL APPLICATIONS AND DISBURSEMENT- States and localities may submit initial applications to the Assistant Attorney General for the Office of Justice Programs for Federal Election Modernization Grants at any time up to 45 days after the Commission's issuance of the final report required under title I of this Act. The Assistant Attorney General for the Office of Justice Programs shall act on such initial applications, and commence disbursement of awards, within 45 days of the application deadline.

(b) SUBSEQUENT APPLICATIONS AND DISBURSEMENTS- States and localities may submit subsequent, annual applications to the Assistant Attorney General for the Office of Justice Programs for Federal Election Modernization Grants by such deadlines as the Assistant Attorney General for the Office of Justice Programs shall prescribe. The Assistant Attorney General for the Office of Justice Programs shall act on such subsequent, annual applications, and commence disbursement of awards, by such deadlines as the Assistant Attorney General for the Office of Justice Programs shall prescribe.

SEC. 205. MATCHING FUNDS.

The Assistant Attorney General for the Office of Justice Programs shall ensure that any State or locality receiving a Federal Election Modernization Grant shall expend State or local funds in an amount equal to not less than 25 percent of the amount of the Federal Election Modernization Grant for any project for which the Federal Election Modernization Grant was awarded, except that the Assistant Attorney General for the Office of Justice Programs may waive this requirement in whole or in part under such terms and conditions as the Assistant Attorney General for the Office of Justice Programs may prescribe in order to meet the requirements of section 202.

SEC. 206. AUDITS.

The Assistant Attorney General for the Office of Justice Programs shall audit the records of any State program funded by a Federal Election Modernization Grant and ensure that Federal funds are used in accordance with Federal law.

SEC. 207. REPORTS.

(a) REPORTS TO THE ASSISTANT ATTORNEY GENERAL FOR THE OFFICE OF JUSTICE PROGRAMS- No later than 6 months following receipt of a Federal Election Modernization Grant, a State or locality shall submit a report to the Assistant Attorney General for the Office of Justice Programs describing the terms of, and all activities funded by, the Federal Election Modernization Grant. Such reports shall be made available to the public.

(b) REPORTS TO CONGRESS- No later than 9 months following disbursement of Federal Election Modernization Grants to States and localities, the Assistant Attorney General for the Office of Justice Programs shall submit a report to Congress on the Federal Election Modernization Grant program, including a description and analysis of all activities funded by Federal Election Modernization Grants, and any recommendations for amendments to this Act or related provisions of law.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Department of Justice Programs $500,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006, or such lesser amount recommended by the Commission pursuant to section 103(b)(2), for Federal Election Modernization Grants and the costs of administering the Federal Election Modernization Grant program, of which not more than 1 percent may be used for administrative costs.

SEC. 209. SPENDING AUTHORIZED BY THIS TITLE TO BE OFFSET.

(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--RULES OF CONSTRUCTION

SEC. 301. OTHER ACTS WITH RESPECT TO VOTING PROCEDURES.

Nothing in this Act shall be construed to prohibit the enactment of an Act with respect to voting procedures during the period in which the Commission is carrying out its duties under this Act.

SEC. 302. THE VOTING RIGHTS ACT, THE NATIONAL VOTER REGISTRATION ACT, THE REHABILITATION ACT, AND THE AMERICANS WITH DISABILITIES ACT.

(a) Nothing in this Act and no action taken pursuant to this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.), the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), the Rehabilitation Act of 1973 (42 U.S.C. 791 et seq.), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

(b) Nothing in this Act authorizes or requires conduct that is prohibited by an Act that is described in subsection (a).

END