I

106TH CONGRESS

2D SESSION H. R. 5680

To require the Federal Election Commission to study voting procedures in

Federal elections, award Voting Improvement Grants to States, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 15, 2000

Mr. NADLER (for himself and Mr. SHERMAN) introduced the following bill;

which was referred to the Committee on House Administration

A BILL

To require the Federal Election Commission to study voting

procedures in Federal elections, award Voting Improvement Grants to States, 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 ‘‘21st Century Electoral

5 Reform Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:

8 (1) With few exceptions, Americans use anti9 quated methods to vote and tabulate the results in
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1 Federal elections. In the era of the microchip, Fed2 eral elections are still conducted using punch cards,

3 paper ballots, and voting machines that were in4 vented in the 19th century and are no longer even

5 manufactured.

6 (2) Our failure to modernize our system for vot7 ing and administering elections has led to a variety

8 of damaging effects.

9 (3) First, voters experience unnecessary delay,

10 confusion, and inconvenience when voting.

11 (4) Second, our outdated voting system may

12 produce incomplete or inaccurate results, such as

13 when machines tabulating votes misread ballots, or

14 when decades-old voting machines break down on

15 election day.

16 (5) Third, the problems inherent in our current

17 system of voting play a role in depressing voter turn18 out, which has declined by nearly 20 percent in only

19 40 years.

20 (6) In addition, voters in rural areas of the

21 United States face unique difficulties in reaching

22 polling places and in funding the acquisition of new

23 technology to administer elections.

24 (7) Recently, States have begun experimenting

25 with new and innovative ways of voting and tab-
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1 ulating results. For example, Oregon conducts elec2 tions by mail, Delaware voters use computerized vot3 ing terminals, and Arizona has conducted a presi4 dential primary election via the Internet.

5 (8) During the past decade, the Federal Elec6 tion Commission has studied ways to update our vot7 ing system. The Commission’s National Clearing8 house on Election Administration has issued several

9 reports analyzing, among other topics, early voting,

10 all mail elections, and the simplification of election

11 forms and materials.

12 (9) The Federal Election Commission’s past ef13 forts to study innovations in election administration,

14 as well as its overall experience in election law and

15 practice, make it well-suited to conduct a thorough

16 and definitive examination of new means of voting

17 and tabulation, and to determine which alternate

18 methods of voting promise greater accuracy, conven19 ience, and accessibility.

20 SEC. 3. FEDERAL ELECTION COMMISSION STUDY.

21 (a) AUTHORIZATION OF STUDY.—The Federal Elec22 tion Commission (referred to in this Act as the ‘‘Commis23 sion’’) shall perform a study of the feasibility and advis24 ability of alternate means and instruments of voting in

25 Federal elections.
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1 (b) ISSUES TO BE STUDIED.—The means and in2 struments studied under subsection (a) shall include, but

3 not be limited to—

4 (1) computerized and other types of voting ma5 chines;

6 (2) voting by mail;

7 (3) Internet voting;

8 (4) redesigned ballots;

9 (5) expanding or changing the hours and places

10 in which voting occurs; and

11 (6) means and instruments particularly relevant

12 to voting in rural or urban areas.

13 (c) RECOMMENDATIONS.—The Commission shall

14 make recommendations based on the study under sub15 section (a) regarding which alternate means and instru16 ments of voting, if any, are more convenient and accessible

17 to voters or yield more accurate and expeditious results.

18 (d) PROCEDURE.—The Commission may hold public

19 hearings, take testimony, and receive evidence as nec20 essary to complete the study under this section. The num21 ber, time, and place of hearings to be held by the Commis22 sion shall be determined by the Commission.

23 (e) REPORT.—Not later than December 31, 2001, the

24 Commission shall complete the study under subsection (a)
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1 and make public a report setting forth the results of the

2 study.

3 (f) AUTHORIZATION OF APPROPRIATION.—There is

4 authorized to be appropriated to the Commission

5 $10,000,000 for fiscal year 2002 to carry out the provi6 sions of this section.

7 SEC. 4. VOTING IMPROVEMENT GRANTS.

8 (a) AUTHORIZATION OF VOTING IMPROVEMENT

9 GRANTS.—Within 60 days of completing and making pub10 lic the study required under section 3, the Commission

11 shall develop and make public a plan to award and dis12 burse Voting Improvement Grants to States to facilitate

13 the adoption by States of the recommendations of the

14 Commission for alternate means and instruments of voting

15 made under section 3(c).

16 (b) CRITERIA FOR VOTING IMPROVEMENT

17 GRANTS.—The plan under subsection (a) shall include cri18 teria for awarding Voting Improvement Grants, including

19 the ability of a State to effectively implement, on a perma20 nent or trial basis, the recommendations of the Commis21 sion for alternate means and instruments of voting made

22 under section 3(c).

23 (c) APPLICATION FOR VOTING IMPROVEMENT

24 GRANTS.—
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1 (1) IN GENERAL.—Not later than 60 days after

2 the plan under subsection (a) is made public, a State

3 may submit an application to the Commission for a

4 Voting Improvement Grant, in such manner and

5 containing such information as the Commission re6 quires.

7 (2) APPROVAL.—Not later than 60 days after

8 the date on which applications are required to be

9 submitted, the Commission shall approve or reject

10 such applications and commence disbursement of

11 awards.

12 (d) MATCHING FUNDS.—The Commission shall en13 sure that any State receiving a grant under this section

14 shall expend State funds in an amount equal to not less

15 than 25 percent of the amount of the grant for any project

16 for which the grant was awarded.

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated to the Commission

19 $250,000,000 for fiscal year 2002 for grants and adminis20 trative costs under this section.

21 SEC. 5. RELATIONSHIP TO OTHER LAWS.

22 Nothing in this Act shall be construed to supersede

23 or conflict with the Voting Rights Act of 1965 (42 U.S.C.
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1 1973aa et seq.) or the National Voter Registration Act

2 of 1993 (42 U.S.C. 1973gg et seq.).

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