I

106TH CONGRESS

2D SESSION H. R. 5672

To establish a commission to develop uniform standards which may be adopted by the States for the administration of elections for Federal office,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 15, 2000

Ms. JACKSON-LEE of Texas 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

A BILL

To establish a commission to develop uniform standards

which may be adopted by the States for the administration of elections for Federal office, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Secure Democracy for

5 All Americans Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) Despite Federal efforts to increase uni2 formity in voting procedures for elections for Fed3 eral office, there remains much variation in such

4 procedures among the States.

5 (2) A major goal of the National Voter Reg6 istration Act of 1993 (commonly known as the

7 ‘‘Motor-Voter Act’’) was the standardization of voter

8 registration procedures for elections for Federal of9 fice to prevent voter fraud and provide an accurate

10 list of eligible voters.

11 (3) Under the provisions of the Uniformed and

12 Overseas Citizens Absentee Voting Act, absent uni13 formed services voters and overseas voters can vote

14 by absentee ballot in elections for Federal office and,

15 if a State does not provide an official State absentee

16 ballot in response to a timely request, can write in

17 the names of candidates on a Federal write-in ab18 sentee ballot.

19 (4) In North Dakota and in some counties in

20 Wisconsin, individuals may vote without registering.

21 (5) Individuals in Idaho, New Hampshire,

22 Maine, Minnesota, Wisconsin, and Wyoming may

23 register to vote on the day of the election.
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1 (6) The duration of the residency requirement

2 for voter registration varies from State to State

3 from 1 to 30 days.

4 (7) In 7 States disability or illness does not

5 provide sufficient grounds for registering as an ab6 sentee voter, and in 4 States disability or illness

7 does not provide sufficient grounds for voting as an

8 absentee.

9 (8) A few States allow any citizen who is out

10 of the United States or the State to register as an

11 absentee voter.

12 (9) At least 7 different types of voting equip13 ment are used to carry out Presidential elections

14 throughout the United States, and the type of equip15 ment used is determined on the county level.

16 (10) The opening time for polling places in

17 Federal elections varies from 6:00 a.m. to 11:00

18 a.m., and the closing time for such polling places

19 varies from 6:00 p.m. to 9:00 p.m.

20 SEC. 3. ESTABLISHMENT OF COMMISSION.

21 There is established the Commission on the Com22 prehensive Study of Voting Procedures (in this Act re23 ferred to as the ‘‘Commission’’).
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1 SEC. 4. DUTIES OF THE COMMISSION.

2 (a) STUDY.—Not later than 1 year after the date of

3 enactment of this Act, the Commission shall complete a

4 thorough study of all issues relating to voting procedures

5 in Federal, State, and local elections, including the fol6 lowing:

7 (1) Voting procedures in Federal, State, and

8 local government elections.

9 (2) Voting procedures that represent the best

10 practices in Federal, State, and local government

11 elections.

12 (3) Legislation and regulatory efforts that af13 fect voting procedures issues.

14 (4) The implementation of standardized voting

15 procedures, including standardized technology and

16 procedures for voter registration, absentee voting,

17 early voting, and voting hours on the day of the elec18 tion, for Federal, State, and local government elec19 tions.

20 (5) The speed and timeliness of vote counts in

21 Federal, State and local elections.

22 (6) The accuracy of vote counts in Federal,

23 State and local elections.

24 (7) The security of voting procedures in Fed25 eral, State and local elections.
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1 (b) RECOMMENDATIONS.—The Commission shall de2 velop recommendations on the matters studied under sub3 section (a).

4 (c) REPORTS.—

5 (1) FINAL REPORT.—Not later than 180 days

6 after the expiration of the period referred to in sub7 section (a), the Commission shall submit a report

8 which has been approved by a majority of the mem9 bers of the Commission to the President and Con10 gress which shall contain a detailed statement of the

11 findings and conclusions of the Commission, to12 gether with its recommendations for such legislation

13 and administrative actions as it considers appro14 priate.

15 (2) INTERIM REPORTS.—The Commission may

16 submit to the President and Congress any interim

17 reports that are approved by a majority of the mem18 bers of the Commission.

19 (3) ADDITIONAL REPORTS.—The Commission

20 may include in any of the reports submitted under

21 paragraph (1) or paragraph (2) additional reports

22 that contain any dissenting or minority opinions of

23 the members of the Commission.
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1 SEC. 5. MEMBERSHIP.

2 (a) NUMBER AND APPOINTMENT.—The Commission

3 shall be composed of 5 members of whom—

4 (1) 1 shall be appointed by the President;

5 (2) 1 shall be appointed by the majority leader

6 of the Senate;

7 (3) 1 shall be appointed by the minority leader

8 of the Senate;

9 (4) 1 shall be appointed by the Speaker of the

10 House of Representatives; and

11 (5) 1 shall be appointed by the minority leader

12 of the House of Representatives.

13 (b) MEMBERS.—The Commission shall include at

14 least 1 member from each of the following:

15 (1) The National Institute of Standards and

16 Technology.

17 (2) The Department of Justice.

18 (3) The National Academy of Sciences.

19 (c) DATE OF APPOINTMENT.—The appointments of

20 the members of the Commission shall be made not later

21 than 30 days after the date of enactment of this Act.

22 (d) TERMS.—Each member of the Commission shall

23 be appointed for the life of the Commission.

24 (e) VACANCIES.—A vacancy in the Commission shall

25 not affect its powers, but shall be filled in the same man26 ner in which the original appointment was made.
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1 (f) MEETINGS.—

2 (1) IN GENERAL.—The Commission shall meet

3 at the call of the Chairperson or a majority of its

4 members.

5 (2) INITIAL MEETING.—Not later than 30 days

6 after the date on which all members of the Commis7 sion have been appointed, the Commission shall hold

8 its first meeting.

9 (g) QUORUM.—A majority of the members of the

10 Commission shall constitute a quorum, but a lesser num11 ber of members may hold hearings.

12 (h) CHAIRPERSON AND VICE CHAIRPERSON.—The

13 Commission shall select a Chairperson and Vice Chair14 person from among its members.

15 SEC. 6. POWERS OF THE COMMISSION.

16 (a) HEARINGS AND SESSIONS.—The Commission

17 may hold such hearings for the purpose of carrying out

18 this Act, sit and act at such times and places, take such

19 testimony, and receive such evidence as the Commission

20 considers advisable to carry out this Act. The Commission

21 may administer oaths and affirmations to witnesses ap22 pearing before the Commission.

23 (b) INFORMATION FROM FEDERAL AGENCIES.—The

24 Commission may secure directly from any Federal depart25 ment or agency such information as the Commission con-
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1 siders necessary to carry out this Act. Upon request of

2 the Chairperson of the Commission, the head of such de3 partment or agency shall furnish such information to the

4 Commission.

5 (c) WEBSITE.—For purposes of conducting the study

6 under section 4(a), the Commission shall establish a

7 website to facilitate public comment and participation.

8 (d) POSTAL SERVICES.—The Commission may use

9 the United States mails in the same manner and under

10 the same conditions as other departments and agencies of

11 the Federal Government.

12 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

13 the request of the Chairperson of the Commission, the Ad14 ministrator of the General Services Administration shall

15 provide to the Commission, on a reimbursable basis, the

16 administrative support services that are necessary to en17 able the Commission to carry out its duties under this Act.

18 (f) CONTRACTS.—The Commission may contract with

19 and compensate persons and Federal agencies for supplies

20 and services without regard to section 3709 of the Revised

21 Statutes (41 U.S.C. 5).

22 (g) GIFTS AND DONATIONS.—The Commission may

23 accept, use, and dispose of gifts or donations of services

24 or property to carry out this Act.
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1 SEC. 7. COMMISSION PERSONNEL MATTERS.

2 (a) COMPENSATION OF MEMBERS.—Each member of

3 the Commission who is not an officer or employee of the

4 Federal Government shall be compensated at a rate equal

5 to the daily equivalent of the annual rate of basic pay pre6 scribed for level IV of the Executive Schedule under sec7 tion 5315 of title 5, United States Code, for each day (in8 cluding travel time) during which such member is engaged

9 in the performance of the duties of the Commission. All

10 members of the Commission who are officers or employees

11 of the United States shall serve without compensation in

12 addition to that received for their services as officers or

13 employees of the United States.

14 (b) TRAVEL EXPENSES.—The members of the Com15 mission shall be allowed travel expenses, including per

16 diem in lieu of subsistence, at rates authorized for employ17 ees of agencies under subchapter I of chapter 57 of title

18 5, United States Code, while away from their homes or

19 regular places of business in the performance of services

20 for the Commission.

21 (c) STAFF.—

22 (1) IN GENERAL.—The chair of the Commission

23 may appoint staff of the Commission, request the

24 detail of Federal employees, and accept temporary

25 and intermittent services in accordance with section

26 3161 of title 5, United States Code, except that the
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1 rate of pay of any staff may not exceed the annual

2 rate payable for level V of the Executive Schedule

3 under section 5316 of title 5, United States Code.

4 (2) SPECIAL RULE REGARDING APPOINTMENT

5 OF EXECUTIVE DIRECTOR.—The employment of an

6 executive director shall be subject to confirmation by

7 the Commission.

8 SEC. 8. TERMINATION OF THE COMMISSION.

9 The Commission shall terminate 30 days after the

10 date on which the Commission submits its final report

11 under section 4(c)(1).

12 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

13 (a) IN GENERAL.—There are authorized to be appro14 priated such sums as may be necessary to the Commission

15 to carry out this Act.

16 (b) AVAILABILITY.—Any sums appropriated under

17 the authorization contained in this section shall remain

18 available, without fiscal year limitation, until expended.

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