You asked for descriptions and status of current federal election reform proposals.

SUMMARY

On December 12, 2001, the U. S. House of Representatives passed the "Help America Vote Act of 2001," sponsored by Rep. Robert W. Ney (R-Oh) and Rep. Steny H. Hoyer (D-Md). The next day, a bipartisan group of senators announced they had reached agreement on Senate legislation to improve the nation's voting systems. The Senate bill is called the "Equal Protection of Voting Rights Act of 2001. " The Senate bill, originally sponsored by Senator Christopher J. Dodd (D-Ct) and voted out of committee by Democratic members only, was presented as an amendment endorsed by Senators McConnell (R-Ky), Schumer (D-NY), Bond (R-Mo), and Torricelli (D-NJ). The Senate's majority leader, Senator Thomas Daschle (D-SD), has not yet scheduled debate on any election reform bill.

Both the House and Senate measures require states to (1) establish standards for voting systems and election administration, (2) use voting systems that permit voters to correct ballot errors, (3) allow a voter to cast a provisional ballot if his registration is in doubt, and (4) establish computerized statewide voter registration lists. Under the House legislation, states can adopt the bill's voting system standards or develop their own; the Senate bill prescribes the standards. Each bill provides funding to upgrade voting equipment and implement other election reforms: the Senate bill with $ 3. 4 billion over four years and the House bill with $ 2. 65 billion over three years plus a one-time payment of $ 400 million to replace punch card voting machines. To receive a block grant under the House bill for election activities, a state need not adopt the bill's voluntary standards but must certify that it has (1) established uniform, statewide standards for voting system performance and (2) appropriated state funds equal to 25% of the expenditure.

The Senate bill is more specific than the House bill in what it requires of states and local governments. The House measure mandates goals and standards, but gives the states discretion on how to comply.

The National Conference of State Legislatures has prepared detailed summaries of both bills and copies are attached.

HOUSE BILL

Legislative History

The House passed the Ney-Hoyer election reform bill (H. R. 3295) on December 12, 2001, by a vote of 363-63.

Summary

The bill requires states to adopt minimum standards for voting, including creation of statewide voter registration lists linked to local precincts, a uniform standard of what constitutes a vote, and allowances for a voter whose name does not appear on the voter registration list to cast a so-called provisional ballot that must be counted if his registration is verified later. States would be required to meet the minimum standards even if they do not accept federal funds to upgrade their voting systems.

The bill:

1. provides $ 400 million in grants of up to $ 6,000 per precinct to replace punch card voting machines (or $ 2,000 per precinct to upgrade punch card machines) with a state match of 10%;

2. creates a four-member bipartisan Election Assistance Commission to oversee state compliance with minimum standards, adopt and maintain voluntary federal election standards, serve as an election information clearinghouse, provide technical assistance upon request, and study and promote best practices in election administration;

3. establishes within the commission a Standards Board and a Board of Advisors;

4. requires the commission's standards to provide voters with the opportunity to correct ballot errors, define what constitutes a proper vote, and provide access for voters with physical disabilities;

5. requires states to adopt the voluntary standards or develop and adopt their own;

6. provides $ 2. 25 billion over three years for block grants to states, based on voting age population and with a 25% state match, for such election reform activities as improving voter education, registration lists, voter identification procedures, poll worker training, and election administration;

7. authorizes $ 20 million for research and development to improve voting machine accessibility to people with disabilities;

8. authorizes $ 10 million for a pilot program to test voting equipment;

9. establishes a Help America Vote College Program with $ 5 million to encourage and train college students to serve as nonpartisan poll workers;

10. establishes a Help America Vote Foundation to place secondary school students in polling places as nonpartisan poll workers;

11. requires each state to certify that it has enacted legislation enabling it to meet the minimum voting system standards;

12. makes minor changes to the federal Uniformed and Overseas Citizens Absentee Voting Act;

13. reduces the postage for mailing official election mail to half the first-class postage rate; and

14. transfers the functions and responsibilities of the Federal Election Commission's Office of Election Administration to the new Election Assistance Commission.

SENATE BILL

Legislative History

In August 2001, the Senate Rules and Administration Committee approved Chairman Dodd's bill (S. 565, known as the Dodd-Conyers bill) on voting reforms by a vote of 10-0. In an unusual move, the committee's nine GOP members boycotted the meeting. The committee's ranking member, Senator Mitch McConnell, objected to the measure's state and local mandates.

The December agreement, announced at a press conference by Senators Dodd and McConnell, signaled a compromise among those senators and Senators Schumer, Bond, and Torricelli. It is not clear whether the agreement, drafted as an amendment, will be a substitute for the original bill or an amendment to a Senate version of the bill the House passed. In either case, it now constitutes the Senate's bipartisan election reform proposal.

The amendment was filed on December 19, 2001. No further action on the measure has been scheduled.

Summary

The current version of the bill:

1. requires states to meet specified uniform and nondiscriminatory election technology and administration standards for elections for federal office;

2. requires that voting systems be accessible to people with disabilities and provide multilingual voting materials;

3. requires voters who believe they are duly registered but do not appear on the registration list to cast a provisional ballot that must be counted once eligibility is determined;

4. requires states to develop computerized statewide voter registration lists and methods for verifying identification of first-time voters who registered by mail;

5. makes the Civil Rights Division of the U. S. Department of Justice the enforcement authority;

6. funds a grant program to pay for states' efforts to meet the bill's requirements at $ 3 billion for FYs 2003-06;

7. creates a grant program to fund 80% of states' election reform measures, with $ 400 million for FY 2002;

8. funds grants for 80% of projects making polling places accessible to the disabled with $ 100 million for FY 2002; and

9. creates a four-member bipartisan Election Administration Commission to replace and assume the powers of the Federal Election Commission, administer the federal standards and grant programs, and serve as a clearinghouse for election information.

The bill's voting systems standards require that, by 2006, the system or machine in use permit each voter to verify a vote, notify the voter of an overvote, and allow the voter to correct the ballot or get a replacement before it is counted. The system must be accessible to people with disabilities or limited English proficiency. The system in use must conform to the error rate established by the Federal Election Commission's Office of Election Administration and provide an audit trail.

COMPARISION OF THE TWO BILLS

Table 1 compares the major elements of each proposal.

Table 1: Comparison of House and Senate Bills

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