Establishes a grant program to provide equal protection of voting rights with regard to States and localities.
Creates the Commission on Voting Rights and Procedures to study and report to the President and Congress on specified issues with respect to elections for Federal, State, and local office, including alternative voting methods, ballot designs, ballot uniformity, and absentee voting, in order to develop specific recommendations of best practices in voting and election administration.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1170 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1170
To protect voting rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2001
Mr. Conyers (for himself, Mr. Bonior, Mr. Frost, Mr. Dooley of
California, Ms. Waters, Ms. Eddie Bernice Johnson of Texas, Mr. Reyes,
Ms. Schakowsky, Mr. Berman, Mr. Scott, Mr. Watt of North Carolina, Ms.
Lofgren, Ms. Jackson-Lee of Texas, Mr. Wexler, Ms. Baldwin, Mr. Rangel,
Mr. Owens, Mr. Towns, Mr. Lewis of Georgia, Mr. Payne, Ms. Norton, Mr.
Jefferson, Mrs. Clayton, Mr. Bishop, Ms. Brown of Florida, Mr. Clyburn,
Mr. Fattah, Mr. Hastings of Florida, Mr. Hilliard, Ms. McKinney, Mrs.
Meek of Florida, Mr. Rush, Mr. Wynn, Mr. Thompson of Mississippi, Mr.
Jackson of Illinois, Ms. Millender-McDonald, Ms. Carson of Indiana,
Mrs. Christensen, Mr. Cummings, Mr. Davis of Illinois, Mr. Ford, Ms.
Kilpatrick, Ms. Lee, Mr. Meeks of New York, Mrs. Jones of Ohio, Mr.
Clay, Mr. Stark, Mr. LaFalce, Mr. Kleczka, Ms. Slaughter, Ms. Pelosi,
Mr. Andrews, Ms. DeLauro, Mr. Olver, Mr. Deutsch, Mr. Filner, Ms.
Roybal-Allard, Ms. Velazquez, Mr. Blagojevich, Mr. Kucinich, Mrs.
McCarthy of New York, Mr. McGovern, Ms. Sanchez, Mr. Rodriguez, Mr.
Brady of Pennsylvania, Ms. Berkley, Mr. Capuano, Mr. Crowley, Mr.
Gonzalez, Mr. Hoeffel, Mr. Holt, Mr. Udall of Colorado, Mr. Baca, and
Ms. McCollum) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on House
Administration, 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
_______________________________________________________________________
A BILL
To protect voting rights, 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 ``Equal Protection
of Voting Rights Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--REQUIREMENTS FOR EQUAL PROTECTION OF VOTING RIGHTS
Sec. 101. Requirements for equal protection of voting rights.
``Subpar``chapter a--voting rights in federal electionsg Rights
``Sec. 531. Requirements for protection of voting rights.
``Sec. 532. Requiring States to meet requirements.
``Sec. 533. Reimbursement for costs of meeting requirements.
``Sec. 534. Responsibilities of Attorney General.
``chapter b--voting rights in state and local elections
``Sec. 541. Equal protection of voting rights for State and
local elections.
``Sec. 542. Reimbursement for costs of carrying out activities.
``Sec. 543. Responsibilities of Attorney General.
``Sec. 544. Tech``chapter c--definitions guidelines.
``Sec. 551. Definitions.
TITLE II--EARLY BIRD AND GOOD CITIZEN GRANT PROGRAM
Sec. 201. Early bird and good citizen grant program.
``Subpart 5--Early Bird and Good Citizen Grant Program
``Sec. 571. Establishment of Early Bird and Good Citizen grant
program.
``Sec. 572. Authorized activities.
``Sec. 573. General policies and criteria for the approval of
applications of States and localities;
requirements of State plans.
``Sec. 574. Submission of applications of States and
localities.
``Sec. 575. Approval of applications of States and localities.
``Sec. 576. Federal matching funds.
``Sec. 577. Audits and examinations of States and localities.
``Sec. 578. Reports to Congress and the Attorney General.
``Sec. 579. Nondiscrimination.
``Sec. 580. Definitions of State and locality.
``Sec. 581. Authorization of appropriations.
TITLE III--COMMISSION ON VOTING RIGHTS AND PROCEDURES
Sec. 301. Establishment.
Sec. 302. Membership of the Commission.
Sec. 303. Duties of the Commission.
Sec. 304. Powers of the Commission.
Sec. 305. Commission personnel matters.
Sec. 306. Termination of the Commission.
Sec. 307. Authorization of appropriations for the Commission.
TITLE IV--ANTITRUST EXEMPTION
Sec. 401. Antitrust exemption for cooperative activities relating to
compliance of voting systems with
requirements.
Sec. 402. Antitrust laws defined.
TITLE V--MISCELLANEOUS
Sec. 501. Relationship to other laws.
Sec. 502. Severability.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental and incontrovertible
right under the Constitution.
(2) The United States Supreme Court held in Bush v. Gore
that a lack of uniform and nondiscriminatory standards with
respect to Presidential elections violates the Equal Protection
Clause of the 14th amendment to the Constitution of the United
States.
(3) There is overwhelming evidence that disparate
procedures and antiquated machinery are potentially resulting
in the disenfranchisement of millions of voters.
(4) There is overwhelming evidence that disparate
procedures and antiquated machinery have a disproportionate
racial impact.
(5) Congress has authority under section 4 of article I of
the Constitution of the United States, section 5 of the 14th
amendment to the Constitution of the United States, and section
2 of the 15th amendment to the Constitution of the United
States to enact legislation to address the equal protection and
other constitutional violations that may be caused by outdated
voting systems.
(6) Congress should encourage and enable every eligible
American to vote by reaffirming that the right to vote is a
fundamental right under the Constitution.
(7) Congress should encourage and enable every eligible
American to vote by reaffirming that the United States is a
democratic Government ``of the people, by the people, and for
the people'' where every vote counts.
(8) Congress should encourage and enable every eligible
American to vote by eliminating procedural, physical, and
technological obstacles to voting.
(9) Congress should counter discrimination in voting by
removing barriers to the exercise of the constitutionally
protected right to vote.
(10) There is a concern that persons with disabilities and
impairments face difficulties in voting.
(11) There are practices designed to purge illegal voters
from voter rolls which result in the elimination of legal
voters as well.
(12) State governments have already begun to examine ways
to improve the administration of elections and to modernize
mechanisms and machinery for voting.
(13) Congress has an obligation to ensure that the
necessary resources are available to States and localities to
ensure the equal protection of voting rights and to ensure the
integrity of and full participation of all Americans in the
democratic elections process.
TITLE I--REQUIREMENTS FOR EQUAL PROTECTION OF VOTING RIGHTS
SEC. 101. REQUIREMENTS FOR EQUAL PROTECTION OF VOTING RIGHTS.
Part E of title I of Public Law 90-351 (42 U.S.C. 3750 et seq.) is
amended by adding at the end the following new subpart:
``Subpart 4--Requirements For Equal Protection of Voting Rights
``CHAPTER A--VOTING RIGHTS IN FEDERAL ELECTIONS
``SEC. 531. REQUIREMENTS FOR PROTECTION OF VOTING RIGHTS.
``(a) Voting Systems.--To carry out section 5 of the fourteenth
amendment to the Constitution of the United States, each voting system
used in an election for Federal office shall meet the following
requirements:
``(1) The system shall permit the voter to verify the votes
selected by the voter on a ballot before the ballot is cast and
tabulated, and shall provide the voter with the opportunity to
correct any error before the ballot is cast and tabulated.
``(2) If the voter selects votes for more than one
candidate for a single office, the system shall notify the
voter before the ballot is cast and tabulated of the effect of
casting multiple votes for the office, and shall provide the
voter with the opportunity to correct the ballot before the
ballot is cast and tabulated.
``(3) If the voter selects votes for fewer than the number
of candidates for which votes may be cast, the system shall
notify the voter before the ballot is cast and tabulated of the
effect of undervoting, and shall provide the voter with the
opportunity to correct the ballot before the ballot is cast and
tabulated.
``(4) The system shall produce an auditable record for each
ballot cast.
``(5) The system shall be accessible for individuals with
disabilities and other individuals with special needs,
including providing nonvisual accessibility for the blind and
visually impaired which provides the same opportunity for
access and participation (including privacy and independence)
as for other voters, and shall provide alternative language
accessibility for individuals with limited proficiency in the
English language.
``(6) The voting system's error rate shall be as close to
zero as practicable when the system is properly used.
``(b) Provisional Voting.--To carry out section 5 of the fourteenth
amendment to the Constitution of the United States, if the name of an
individual who claims to be a registrant eligible to vote at a polling
place in an election for Federal office does not appear on the official
list of registrants eligible to vote at the polling place, or it is
otherwise asserted by an election official that the individual is not
eligible to vote at the polling place--
``(1) an election official at the polling place shall
notify the individual that the individual may cast a
provisional ballot in the election;
``(2) the individual shall be permitted to cast a vote at
that polling place upon written affirmation by the individual
before an election official at that polling place that the
individual is so eligible;
``(3) an election official at the polling place shall
transfer the ballot cast by the individual to an appropriate
State or local election official for prompt verification of the
claim made by the individual in the affirmation required under
paragraph (2);
``(4) if the appropriate State or local election official
verifies the claim made by the individual in the affirmation,
the individual's vote shall be tabulated; and
``(5) the appropriate State or local election official
shall notify the individual in writing of the disposition of
the individual's claim and the treatment of the individual's
vote.
``(c) Sample Ballot.--
``(1) Mailings to voters.--To carry out section 5 of the
fourteenth amendment to the Constitution of the United States,
not later than 10 days prior to the date of an election for
Federal office, each individual who is registered to vote in
such election shall be mailed a sample version of the ballot
which will be used for the election by the appropriate election
official, together with--
``(A) information regarding the date of the
election and the hours during which polling places will
be open;
``(B) instructions on how to cast a vote on the
ballot; and
``(C) general information on voting rights under
Federal and applicable State laws and instructions on
how to contact the appropriate officials if these
rights are alleged to be violated.
``(2) Publication and posting.--The sample version of the
ballot which will be used for an election for Federal office
and which is mailed under paragraph (1) shall be published in a
newspaper of general circulation in the applicable geographic
area not later than 10 days prior to the date of the election,
and shall be posted publicly at each polling place on the date
of the election.
``SEC. 532. REQUIRING STATES TO MEET REQUIREMENTS.
``To carry out section 5 of the fourteenth amendment to the
Constitution of the United States, each State shall meet the
requirements of section 531 with respect to elections for Federal
office held in the State beginning not later than the regularly
scheduled general election for Federal office held in the State in
2004.
``SEC. 533. REIMBURSEMENT FOR COSTS OF MEETING REQUIREMENTS.
``(a) In General.--The Attorney General shall make payments to each
State to reimburse the State for the costs incurred by the State in
meeting the requirements of section 531.
``(b) Regulations.--The Attorney General shall make the payments
required under this section in accordance with such requirements as the
Attorney General may by regulation establish, including requirements
relating to the timing of payments, the submission of claims by States,
and the review of such claims by the Attorney General.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary for
making payments under this section.
``SEC. 534. RESPONSIBILITIES OF ATTORNEY GENERAL.
``(a) In General.--The Attorney General shall be responsible for
carrying out this chapter, in accordance with such regulations as the
Attorney General may issue.
``(b) Enforcement.--
``(1) In general.--The Attorney General may bring a civil
action in an appropriate district court for such relief
(including declaratory or injunctive relief) as may be
necessary to carry out this chapter.
``(2) Relation to other laws.--The remedies established by
this subsection are in addition to all other rights and
remedies provided by law.
``(c) Action Through Assistant Attorney General for Civil Rights.--
The Attorney General shall issue regulations pursuant to this section,
and shall otherwise carry out this chapter, through the Assistant
Attorney General for the Civil Rights Division.
``SEC. 535. TECHNICAL SPECIFICATIONS AND GUIDELINES.
``(a) In General.--To carry out section 5 of the fourteenth
amendment to the Constitution of the United States, in accordance with
the requirements of this chapter, and in consultation with the Office
of Election Administration of the Federal Election Commission, the
Office of Civil Rights of the Department of Justice shall develop--
``(1) technical specifications with respect to the voting
system requirements provided under section 531(a);
``(2) guidelines with respect to the provisional voting
requirements provided under section 531(b); and
``(3) guidelines with respect to the sample ballot
requirements provided under section 531(c).
``(b) Deadline for Initial Specifications and Guidelines.--The
Office of Civil Rights shall develop the initial set of technical
specifications and guidelines under subsection (a) not later than 1
year after the date of the enactment of this Act.
``(c) Provision of Continuing Information.--After preparing the
initial set of technical specifications and guidelines under subsection
(a), the Office of Civil Rights shall continue to provide information
to assist the Attorney General in carrying out this chapter, including
preparing revised technical specifications and guidelines at such times
as the Attorney General considers appropriate.
``CHAPTER B--VOTING RIGHTS IN STATE AND LOCAL ELECTIONS
``SEC. 541. EQUAL PROTECTION OF VOTING RIGHTS FOR STATE AND LOCAL
ELECTIONS.
``(a) Voting Systems.--To carry out section 5 of the fourteenth
amendment to the Constitution of the United States, the Attorney
General shall provide reimbursement to each State (in accordance with
section 542) which protects voting rights by ensuring that each voting
system used for elections for State and local office meets the
following requirements:
``(1) The system shall permit the voter to verify the votes
selected by the voter on a ballot before the ballot is cast and
tabulated, and shall provide the voter with the opportunity to
correct any error before the ballot is cast and tabulated.
``(2) If the voter selects votes for more than one
candidate for a single office, the system shall notify the
voter before the ballot is cast and tabulated of the effect of
casting multiple votes for the office, and shall provide the
voter with the opportunity to correct the ballot before the
ballot is cast and tabulated.
``(3) If the voter selects votes for fewer than the number
of candidates for which votes may be cast, the system shall
notify the voter before the ballot is cast and tabulated of the
effect of undervoting, and shall provide the voter with the
opportunity to correct the ballot before the ballot is cast and
tabulated.
``(4) The system shall produce an auditable record for each
ballot cast.
``(5) The system shall be accessible for individuals with
disabilities and other individuals with special needs,
including providing nonvisual accessibility for the blind and
visually impaired which provides the same opportunity for
access and participation (including privacy and independence)
as for other voters, and shall provide alternative language
accessibility for individuals with limited proficiency in the
English language.
``(6) The voting system's error rate shall be as close to
zero as practicable when the system is properly used.
``(b) Provisional Voting.--To carry out section 5 of the fourteenth
amendment to the Constitution of the United States, the Attorney
General shall provide reimbursement to each State (in accordance with
section 542) which protects voting rights by ensuring that if the name
of an individual who claims to be a registrant eligible to vote at a
polling place in an election for State or local office does not appear
on the official list of registrants eligible to vote at the polling
place, or it is otherwise asserted by an election official that the
individual is not eligible to vote at the polling place--
``(1) an election official at the polling place shall
notify the individual that the individual may cast a
provisional ballot in the election;
``(2) the individual shall be permitted to cast a vote at
that polling place upon written affirmation by the individual
before an election official at that polling place that the
individual is so eligible;
``(3) an election official at the polling place shall
transfer the ballot cast by the individual to an appropriate
State or local election official for prompt verification of the
claim made by the individual in the affirmation required under
paragraph (2);
``(4) if the appropriate State or local election official
verifies the claim made by the individual in the affirmation,
the individual's vote shall be tabulated; and
``(5) the appropriate State or local election official
shall notify the individual in writing of the disposition of
the individual's claim and the treatment of the individual's
vote.
``(c) Sample Ballot.--
``(1) Mailings to voters.--To carry out section 5 of the
fourteenth amendment to the Constitution of the United States,
the Attorney General shall provide reimbursement to each State
(in accordance with section 542) which protects voting rights
by ensuring that each individual who is registered to vote in
an election for State or local office is mailed a sample
version of the ballot which will be used for the election by
the appropriate election official (not later than 10 days prior
to the date of the election), together with--
``(A) information regarding the date of the
election and the hours during which polling places will
be open;
``(B) instructions on how to cast a vote on the
ballot; and
``(C) general information on voting rights under
Federal and applicable State laws and instructions on
how to contact the appropriate officials if these
rights are alleged to be violated.
``(2) Publication and posting.--To carry out section 5 of
the fourteenth amendment to the Constitution of the United
States, the Attorney General shall provide reimbursement to
each State (in accordance with section 542) which protects
voting rights by ensuring that the sample version of the ballot
which will be used for an election for State or local office
and which is mailed under paragraph (1) is published in a
newspaper of general circulation in the applicable geographic
area not later than 10 days prior to the date of the election,
and is posted publicly at each polling place on the date of the
election.
``SEC. 542. REIMBURSEMENT FOR COSTS OF CARRYING OUT ACTIVITIES.
``(a) In General.--The Attorney General shall make payments to each
State to reimburse the State for the costs incurred by the State in
carrying out the activities described in section 541.
``(b) Regulations.--The Attorney General shall make the payments
required under this section in accordance with such requirements as the
Attorney General may by regulation establish, including requirements
relating to the timing of payments, the submission of claims by States,
and the review of such claims by the Attorney General.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary for
making payments under this section.
``SEC. 543. RESPONSIBILITIES OF ATTORNEY GENERAL.
``(a) In General.--The Attorney General shall be responsible for
carrying out this chapter, in accordance with such regulations as the
Attorney General may issue.
``(b) Enforcement.--
``(1) In general.--The Attorney General may bring a civil
action in an appropriate district court for such relief
(including declaratory or injunctive relief) as may be
necessary to carry out this chapter.
``(2) Relation to other laws.--The remedies established by
this subsection are in addition to all other rights and
remedies provided by law.
``(c) Action Through Assistant Attorney General for Civil Rights.--
The Attorney General shall issue regulations pursuant to this section,
and shall otherwise carry out this chapter, through the Assistant
Attorney General for the Civil Rights Division.
``SEC. 544. TECHNICAL SPECIFICATIONS AND GUIDELINES.
``(a) In General.--To carry out section 5 of the fourteenth
amendment to the Constitution of the United States, in accordance with
the requirements of this chapter, and in consultation with the Office
of Election Administration of the Federal Election Commission, the
Office of Civil Rights of the Department of Justice shall develop--
``(1) technical specifications with respect to the voting
system activities described in section 541(a);
``(2) guidelines with respect to the provisional voting
activities described in section 541(b); and
``(3) guidelines with respect to the sample ballot
activities described in section 541(c).
``(b) Deadline for Initial Specifications and Guidelines.--The
Office of Civil Rights shall develop the initial set of technical
specifications and guidelines under subsection (a) not later than 1
year after the date of the enactment of this Act.
``(c) Provision of Continuing Information.--After preparing the
initial set of technical specifications and guidelines under subsection
(a), the Office of Civil Rights shall continue to provide information
to assist the Attorney General in carrying out this chapter, including
preparing revised technical specifications and guidelines at such times
as the Attorney General considers appropriate.
``CHAPTER C--DEFINITIONS
``SEC. 551. DEFINITIONS.
``In this subpart, the following definitions shall apply:
``(1) The term `election' means a general, special,
primary, or runoff election, or a convention or caucus of a
political party which has authority to nominate a candidate for
elected 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
SEC. 201. EARLY BIRD AND GOOD CITIZEN GRANT PROGRAM.
Part E of title I of Public Law 90-351 (42 U.S.C. 3750 et seq.), as
amended by section 101, is amended by adding at the end the following
new subpart:
``Subpart 5--Early Bird and Good Citizen Grant Program
``SEC. 571. ESTABLISHMENT OF EARLY BIRD AND GOOD CITIZEN GRANT PROGRAM.
``(a) In General.--Pursuant to section 5 of the fourteenth
amendment to the Constitution of the United States, there is
established a grant program to provide equal protection of voting
rights, under which the Attorney General, subject to the general
policies and criteria for the approval of applications established
under section 573 and in consultation with the Assistant Attorney
General for the Civil Rights Division, is authorized to make grants to
States and localities to pay the Federal share of the costs of the
activities described in section 572.
``(b) Action Through Office of Justice Programs and Assistant
Attorney General for Civil Rights.--In carrying out this subpart, the
Attorney General shall act through the Assistant Attorney General for
the Office of Justice Programs and the Assistant Attorney General for
the Civil Rights Division.
``SEC. 572. AUTHORIZED ACTIVITIES.
``A State or locality may use grant payments received under this
subpart--
``(1) to improve, acquire, or replace voting equipment or
technology and improve the accessibility of polling places,
including providing physical access for persons with
disabilities and to other individuals with special needs and nonvisual
access for voters with visual impairments, and assistance to voters
with limited proficiency in the English language;
``(2) to implement new election administration procedures
to increase voter participation and reduce disenfranchisement,
such as `same-day' voter registration procedures;
``(3) to educate voters concerning voting procedures,
voting rights or voting technology, and to train election
personnel; or
``(4) upon completion of the final report under section
303(c)(2) of the Equal Protection of Voting Rights Act of 2001,
to implement recommendations contained in such report under
section 303(c)(2)(B)(ii) of such Act.
``SEC. 573. GENERAL POLICIES AND CRITERIA FOR THE APPROVAL OF
APPLICATIONS OF STATES AND LOCALITIES; REQUIREMENTS OF
STATE PLANS.
``(a) General Policies.--The Attorney General shall establish
general policies with respect to the approval of applications of States
and localities, the awarding of grants, and the use of assistance made
available under this subpart.
``(b) Criteria.--
``(1) In general.--The Attorney General shall establish
criteria with respect to the approval of applications of States
and localities submitted under section 574, including the
requirements for State plans under paragraph (2).
``(2) Requirements of state plans.--Attorney General shall
not approve an application of a State unless the State plan of
that State provides for each of the following:
``(A) Uniform and nondiscriminatory standards
within the State for the equal protection of voting
rights which meet the requirements for voting systems,
provisional voting, and sample ballots described in
section 531.
``(B) Accuracy of the records of eligible voters in
the State to ensure that legally registered voters
appear in such records and prevent any purging of such
records to remove illegal voters that results in the
elimination of legal voters as well.
``(C) Uniform and nondiscriminatory voting
standards that ensure--
``(i) ease and convenience of voting for
all voters, including accuracy, non-
intimidation, and nondiscrimination;
``(ii) conditions for nonvisual access and
other access for voters with special needs that
provide the same opportunity for access and
participation, including privacy and
independence;
``(iii) compliance with the Voting
Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee et seq.);
``(iv) compliance with the Voting Rights
Act of 1965 (42 U.S.C. 1973aa et seq.),
including sections 203 and 4(f)(4);
``(v) compliance with the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg et
seq.); and
``(vi) overseas voters and absent uniformed
service voters (as such terms are defined in
section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-
6)) have a meaningful opportunity to exercise
their voting rights as citizens of the United
States.
``(D) Voter education programs regarding the right
to vote and methodology and procedures for
participating in elections and training programs for
election personnel and volunteers, including procedures
to carry out subparagraph (E).
``(E) An effective method of notifying voters at
polling places on the day of election of basic voting
procedures to effectuate their vote as provided for in
State and Federal law.
``(F) A timetable for meeting the elements of the
plan.
``(3) Consistency with requirements for equal protection of
voting rights.--The criteria established by the Attorney
General under this subsection and the State plans required
under this subsection shall be consistent with the requirements
for the equal protection of voting rights under section 531.
``(c) Consultation.--In establishing the general policies and
criteria under this section, the Attorney General shall consult with
the Assistant Attorney General for the Civil Rights Division.
``SEC. 574. SUBMISSION OF APPLICATIONS OF STATES AND LOCALITIES.
``(a) Submission of Applications by States.--
``(1) In general.--Subject to paragraph (3), the chief
executive officer of each State desiring to receive a grant
under this subpart shall submit an application to the Attorney
General at such time, in such manner, and accompanied by such
additional information as the Attorney General, in consultation
with the Assistant Attorney General for the Civil Rights
Division, may reasonably require.
``(2) Contents of applications.--Each application submitted
under paragraph (1) shall include the following:
``(A) State plan.--A State plan that--
``(i) is developed in consultation with
State and local election officials;
``(ii) describes the activities authorized
under section 572 for which assistance under
this subpart is sought; and
``(iii) contains a detailed explanation of
how the State will comply with the requirements
described in section 573(b).
``(B) Compliance with federal matching
requirements.--An assurance that the State will pay the
non-Federal share of the costs of the activities for
which assistance is sought from non-Federal sources that may be
accompanied by a request for a waiver of the matching requirements
under section 576(b)(2).
``(C) Additional assurances.--Such additional
assurances as the Attorney General, in consultation
with the Assistant Attorney General for the Civil
Rights Division, determines to be essential to ensure
compliance with the requirements of this subpart.
``(3) Availability of state plans for review and comment.--
A State submitting an application under this section shall make
the State plan proposed to be included in that application
available to the public for review and comment prior to the
submission of the application.
``(b) Submission of Applications by Localities.--
``(1) In general.--If a State has submitted an application
under subsection (a), a locality of that State may submit an
application for assistance to the Attorney General at such
time, in such manner, and accompanied by such additional
information as the Attorney General, in consultation with the
Assistant Attorney General for the Civil Rights Division, may
reasonably require.
``(2) Contents of applications.--Each application submitted
by a locality under paragraph (1) shall include the following:
``(A) Consistency with state plan.--Information
similar to the information required to be submitted
under the State plan under subsection (a)(2)(A) that is
not inconsistent with that plan.
``(B) Nonduplication of effort.--Assurances that
any assistance directly provided to the locality under
this subpart is not available to that locality through
the State.
``(C) Compliance with federal matching
requirements.--A description of how the locality will
pay the non-Federal share from non-Federal sources that
may be accompanied by a request for a waiver of the
matching requirements under section 576(b)(2).
``(D) Additional assurances.--Such additional
assurances as the Attorney General, in consultation
with the Assistant Attorney General for the Civil
Rights Division, determines to be essential to ensure
compliance with the requirements of this subpart.
``SEC. 575. APPROVAL OF APPLICATIONS OF STATES AND LOCALITIES.
``(a) Approval of State Applications.--
``(1) In general.--The Attorney General, in consultation
with the Assistant Attorney General for the Civil Rights
Division, shall approve applications in accordance with the
general policies and criteria for the approval of applications
established under section 573.
``(2) Publication of state plans and solicitation of
comments.--After receiving an application of a State submitted
under section 574(a)(1), the Attorney General shall publish the
State plan contained in that application in the Federal
Register and solicit comments on the plan from the public. The
publication of and the solicitation of comments on such a plan
pursuant to this subsection shall not be treated as an exercise
of rulemaking authority by the Attorney General for purposes of
subchapter II of chapter 5 of title 5, United States Code.
``(3) Approval.--At any time after the expiration of the
30-day period which begins on the date the State plan is
published in the Federal Register under subsection (a), and
taking into consideration any comments received under such
subsection, the Attorney General, in consultation with the
Assistant Attorney General for the Civil Rights Division, shall
approve or disapprove the application that contains the State
plan published under paragraph (2) in accordance with the
general policies and criteria established under section 573.
``(b) Approval of Applications of Localities.--If the Attorney
General has approved the application of a State under subsection (a),
the Attorney General, in consultation with the Assistant Attorney
General for the Civil Rights Division, may approve an application
submitted by a locality of that State under section 574(b) in
accordance with the general policies and criteria established under
section 573.
``SEC. 576. FEDERAL MATCHING FUNDS.
``(a) Payments.--Subject to subsection (d), the Attorney General
shall pay to each State or locality having an application approved
under section 575 the Federal share of the cost of the activities
described in that application.
``(b) Federal Share.--
``(1) In general.--Subject to paragraphs (2) and (3), for
purposes of subsection (a), the Federal share shall be 80
percent.
``(2) Waiver.--The Attorney General may specify a Federal
share greater than 80 percent under terms and conditions
consistent with this subpart.
``(3) Incentive for early action.--For any recipient of a
grant whose application was received prior to March 1, 2002,
the Federal share shall be 90 percent.
``(c) Non-Federal Share.--The non-Federal share of payments under
this subpart may be in cash or in kind fairly evaluated, including
planned equipment or services.
``(d) Coordination With Equal Protection of Voting Rights
Requirements.--
``(1) Prohibiting payments under grant program for
activities subject to reimbursement under subpart 4.--
Notwithstanding any other provision of this subpart, the
Attorney General may not make any payment under this subpart
for any portion of the cost of any activity which is subject to
reimbursement under subpart 4.
``(2) Prohibiting payments for related activities
inconsistent with requirements.--In addition to the restriction
described in paragraph (1), the Attorney General may not make
any payment under this subpart for the cost of any other
activity relating to voting systems, provisional voting, or
sample ballots which is not consistent with the requirements
for the equal protection of voting rights under section 531.
``SEC. 577. AUDITS AND EXAMINATIONS OF STATES AND LOCALITIES.
``(a) Recordkeeping Requirement.--Each recipient of a grant under
this subpart shall keep such records as the Attorney General, in
consultation with the Assistant Attorney General for the Civil Rights
Division, shall prescribe.
``(b) Audit and Examination.--The Attorney General and the
Comptroller General, or any authorized representative of the Attorney
General or the Comptroller General, shall audit any recipient of a
grant under this subpart and shall have access to any record of a
recipient of a grant under this subpart that the Attorney General or
the Comptroller General determines may be related to a grant received
under this subpart for the purpose of conducting an audit or
examination.
``SEC. 578. REPORTS TO CONGRESS AND THE ATTORNEY GENERAL.
``(a) Reports to Congress.--Not later than January 31, 2003, and
each year thereafter, the Attorney General shall submit to the
President and Congress a report on the program under this subpart for
the preceding year. Each report shall contain the following:
``(1) A description and analysis of any activities funded
by a grant awarded under this subpart.
``(2) Any recommendation for legislative or administrative
action that the Attorney General considers appropriate.
``(b) Reports to the Attorney General.--The Attorney General shall
require each recipient of a grant under this subpart to submit reports
to the Attorney General, at such time, in such manner, and containing
such information as the Attorney General considers appropriate.
``SEC. 579. NONDISCRIMINATION.
``For the purpose of applying the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.), on the basis of handicap under section
504 of the Rehabilitation Act of 1973, on the basis of sex under title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on
the basis of race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and
activities funded or otherwise financially assisted in whole or in part
under this subpart are considered to be programs and activities
receiving Federal financial assistance.
``SEC. 580. DEFINITIONS OF STATE AND LOCALITY.
``In this subpart:
``(1) State.--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.
``(2) Locality.--The term `locality' means a political
subdivision of a State.
``SEC. 581. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--
``(1) In general.--There are authorized to be appropriated
to the Department of Justice--
``(A) $700,000,000 for fiscal year 2002; and
``(B) such amounts as necessary for each of fiscal
years 2003, 2004, 2005, and 2006.
``(2) Use of amounts.--Amounts appropriated under paragraph
(1) shall be for the purpose of--
``(A) awarding grants under this subpart; and
``(B) paying for the costs of administering the
program to award such grants.
``(b) Limitation.--Not more than 1 percent of any sums appropriated
under paragraph (1) of subsection (a) may be used to pay for the
administrative costs described in paragraph (2)(B) of such subsection.
``(c) Supplemental Appropriations.--There are authorized to be
appropriated as supplemental appropriations for fiscal year 2001 such
sums as the Department of Justice considers necessary to carry out the
provisions of this subpart.''.
TITLE III--COMMISSION ON VOTING RIGHTS AND PROCEDURES
SEC. 301. ESTABLISHMENT.
Pursuant to section 5 of the fourteenth amendment to the
Constitution of the United States, there is established the Commission
on Voting Rights and Procedures (in this title referred to as the
``Commission'').
SEC. 302. MEMBERSHIP OF THE COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 12
members of whom--
(1) 6 members shall be appointed by the President;
(2) 3 members shall be appointed by the Minority Leader of
the Senate (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) 3 members shall be appointed by the Minority Leader of
the House of Representatives (or, if the Minority Leader is a
member of the same political party as the President, by the
Majority Leader of the House of Representatives).
(b) Qualifications.--Each member appointed under subsection (a)
shall be chosen on the basis of--
(1) experience with, and knowledge of--
(A) election law;
(B) election technology;
(C) Federal, State, or local election
administration;
(D) the Constitution; or
(E) the history of the United States; and
(2) integrity, impartiality, and good judgment.
(c) Period of Appointment; Vacancies.--
(1) Period of appointment.--Each member shall be appointed
for the life of the Commission.
(2) Localities.--
(A) In general.--A vacancy in the Commission shall
not affect its powers.
(B) Manner of replacement.--Not later than 60 days
after the date of the vacancy, a vacancy on the
Commission shall be filled in the same manner as the
original appointment was made and shall be subject to
any conditions which applied with respect to the
original appointment.
(d) Chairperson; Vice Chairperson.--
(1) In general.--The Commission 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.
(e) 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.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the chairperson.
(2) 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.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Voting.--Each action of the Commission shall be approved by a
majority vote of the entire Commission. Each member shall have 1 vote.
SEC. 303. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study of the following issues with respect to elections for
Federal, State, and local office:
(A) Access to ballots and polling places, including
timely notice of voting locations and matters relating
to access for--
(i) voters with disabilities;
(ii) voters with visual impairments;
(iii) voters with limited English language
proficiency;
(iv) voters who need assistance in order to
understand the voting process or how to cast a
ballot; and
(v) other voters with special needs.
(B) Voter registration and maintenance of voter
rolls, including the use of provisional voting and
standards for reenfranchisement of voters.
(C) Alternative voting methods.
(D) Voter intimidation, both real and perceived.
(E) Accuracy of voting, election procedures, and
election technology.
(F) Voter education.
(G) Election personnel and volunteer training.
(H) Election technology and systems.
(I) Designs of ballots and the uniformity of
ballots.
(J) The effect of the capacity of voting machines
on the efficiency of election administration, including
how the number of ballots which may be processed by a
single machine over a period of time affects the number
of machines needed to carry out an election at a
particular polling place and the number of polling
places and other facilities necessary to serve the
voters.
(K)(i) The implementation of title I of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff et seq.) and the amendments made by title
II of that Act by--
(I) the Secretary of Defense, acting as the
Presidential designee under section 101 of that
Act (42 U.S.C. 1973ff);
(II) each other Federal Government official
having responsibilities under that Act; and
(III) each State; and
(ii) whether any legislative or administrative
action is necessary to provide a meaningful opportunity
for each absent uniformed services voter (as defined in
section 107(1) of that Act (42 U.S.C. 1973ff-6(1))) and
each overseas voter (as defined in section 107(5) of
that Act (42 U.S.C. 1973ff-6(5))) to register to vote
and vote in elections for Federal office.
(L) The feasibility and advisability of
establishing the date on which elections are held as a
Federal or State holiday.
(M) The feasibility and advisability of
establishing modified polling place hours, and the
effects thereof.
(N) How the Federal Government can, on a permanent
basis, best provide ongoing assistance to State and
local authorities to improve the administration of
elections, and whether an existing or a new Federal
agency should provide such assistance.
(2) Website.--In addition to any other publication
activities the Commission may be required to carry out, for
purposes of conducting the study under this subsection the
Commission shall establish an Internet website to facilitate
public comment and participation.
(b) Recommendations.--
(1) Recommendations of best practices in voting and
election administration.--The Commission shall develop specific
recommendations with respect to the matters studied under
subsection (a) that identify those methods of voting and
administering elections studied by the Commission that would--
(A) be convenient, accessible, nondiscriminatory,
and easy to use for all voters, including voters with
disabilities, absent uniformed services voters,
overseas voters, and other voters with special needs,
including voters with limited English language
proficiency or who otherwise need assistance in order
to understand the voting process or to cast a ballot;
(B) yield the broadest participation; and
(C) produce accurate results.
(2) Recommendations for providing federal assistance.--The
Commission shall develop specific recommendations with respect
to the matters studied under subsection (a)(1)(N) on how the
Federal Government can, on a permanent basis, best provide
ongoing assistance to State and local authorities to improve
the administration of elections, and identify whether an
existing or a new Federal agency should provide such
assistance.
(3) Recommendations for voter participation in elections.--
The Commission shall develop specific recommendations with
respect to the matters studied under subsection (a) on
methods--
(A) to increase voter registration;
(B) to increase the accuracy of voter rolls and
participation and inclusion of legal voters;
(C) to improve voter education; and
(D) to improve the training of election personnel
and volunteers.
(4) Consistency with requirements for equal protection of
voting rights.--The Commission shall ensure that the specific
recommendations developed under this subsection are consistent
with the equal protection of voting rights requirements under
section 531 of Public Law 90-351 (as added by section 101).
(c) Reports.--
(1) Interim reports.--Not later than the date on which the
Commission submits the final report under paragraph (2), the
Commission may submit to the President and Congress such
interim reports as a majority of the members of the Commission
determine appropriate.
(2) Final report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commission shall
submit to the President and Congress a final report
that has received the approval of a majority of the
members of the Commission.
(B) Content.--The final report shall contain--
(i) a detailed statement of the findings
and conclusions of the Commission on the
matters studied under subsection (a);
(ii) a detailed statement of the
recommendations developed under subsection (b)
which received a majority vote of the members
of the Commission; and
(iii) any dissenting or minority opinions
of the members of the Commission.
SEC. 304. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this title--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or member
considers advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Any subpoena issued under subsection (a)
shall be issued by the chairperson and vice chairperson of the
Commission acting jointly. Each subpoena shall bear the
signature of the chairperson of the Commission and shall be
served by any person or class of persons designated by the
chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
(c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or subpoenaed to appear
at any hearing of the Commission. The per diem and mileage allowances
for witnesses shall be paid from funds available to pay the expenses of
the Commission.
(d) 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 and vice chairperson of the Commission acting jointly,
the head of such department or agency shall furnish such information to
the Commission.
(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 and vice chairperson of the Commission acting jointly, 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.
(g) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry out this
title.
(h) Application of Federal Advisory Committee Act.--Except as
otherwise provided in this Act, the Commission shall be subject to the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 305. 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 and vice chairperson of
the Commission, acting jointly, 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 and vice chairperson of
the Commission, acting jointly, 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 and vice chairperson of the Commission, acting jointly, 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. 306. TERMINATION OF THE COMMISSION.
The Commission shall terminate 45 days after the date on which the
Commission submits its final report and recommendations under section
303(c)(2).
SEC. 307. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of 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--ANTITRUST EXEMPTION
SEC. 401. ANTITRUST EXEMPTION FOR COOPERATIVE ACTIVITIES RELATING TO
COMPLIANCE OF VOTING SYSTEMS WITH REQUIREMENTS
(a) In General.--Subject to subsection (b), the antitrust laws
shall not apply to the sharing of any information, research, or data
relating to the development or sale of voting systems and related
products which is carried out to promote the compliance of voting
systems with the requirements described in chapter A of subpart 4 of
part E of title I of Public Law 90-351 (as added by section 201).
(b) Limitation.--The exemption provided in subsection (a) shall not
apply to any activity which results in price fixing or the boycott of
any person.
SEC. 402. ANTITRUST LAWS DEFINED.
In this title, the term ``antitrust laws'' has the meaning given
such term in subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent that such section
applies to unfair methods of competition.
TITLE V--MISCELLANEOUS
SEC. 501. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this Act may be construed to authorize
or require conduct prohibited under the following laws, or supersede,
restrict, or 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. 1973aa et
seq.).
(3) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(4) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
1994 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by the Attorney General of a State's
application for a grant under subpart 5 of part E of title I of Public
Law 90-351 (as added by section 201), or any other action taken by the
Attorney General or a State under such subpart, shall not be considered
to have any effect on requirements for preclearance under section 5 of
the Voting Rights Act of 1965 or any other requirements of such Act.
SEC. 502. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions and amendment to any other person or circumstance, shall not
be affected by the holding.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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.
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