I

107TH CONGRESS

1ST SESSION H. R. 829

To direct the Federal Election Commission to set uniform national standards

for Federal election procedures, change the Federal election day, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 2001

Mr. HASTINGS of Florida 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 direct the Federal Election Commission to set uniform

national standards for Federal election procedures,

change the Federal election day, 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 ‘‘National Election

5 Standards Act of 2001’’.
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1 SEC. 2. UNIFORM NATIONAL STANDARDS FOR FEDERAL

2 ELECTION PROCEDURES.

3 (a) UNIFORM STANDARDS.—Title III of the Federal

4 Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)

5 is amended by adding at the end the following:

6 ‘‘SEC. 323. UNIFORM ELECTION PROCEDURES.

7 ‘‘(a) IN GENERAL.—The Commission shall provide

8 required uniform national standards regarding procedures

9 for elections for Federal office that—

10 ‘‘(1) minimize delay, error, or confusion in vot11 ing and in voter registration;

12 ‘‘(2) eliminate fraud in the voting process;

13 ‘‘(3) increase the accuracy and reliability of

14 vote counts and counting procedure;

15 ‘‘(4) reduce the number of uncounted and dis16 carded ballots;

17 ‘‘(5) encourage voter registration and voter

18 turnout;

19 ‘‘(6) ensure accessibility to registration facilities

20 and polling places for all voters; and

21 ‘‘(7) promote public confidence in the accuracy

22 and reliability of the election process.

23 ‘‘(b) STANDARDS.—The standards under subsection

24 (a) shall include procedures regarding—

25 ‘‘(1) the type of ballots used;

26 ‘‘(2) vote counting;
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1 ‘‘(3) use of counting machines;

2 ‘‘(4) accuracy and security of elections and vote

3 counts;

4 ‘‘(5) voter registration; and

5 ‘‘(6) verification and maintenance of voter rolls.

6 ‘‘(c) STUDY OF STATE PROCEDURES.—For purposes

7 of determining standards under subsection (a), the Com8 mission shall study and periodically review (not less often

9 than once every 6 months following an election for Federal

10 office) State election regulations and procedures.

11 ‘‘(d) ENFORCEMENT.—Standards established under

12 this section shall only be enforceable under section 309(e).

13 ‘‘(e) REGULATIONS.—

14 ‘‘(1) IN GENERAL.—Not later than January 1,

15 2002, the Commission shall promulgate regulations

16 to carry out the provisions of this section based on

17 an initial study and analysis of election and vote

18 counting procedures utilized in each State.

19 ‘‘(2) STATE COMPLIANCE.—The Commission

20 may—

21 ‘‘(A) prescribe a reasonable period of time

22 for States to comply with the uniform national

23 standards established under this section; and

24 ‘‘(B) establish a process for a State to re25 quest a waiver of compliance with a standard or
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1 an extension of time to comply with a standard,

2 based on a showing that the State cannot rea3 sonably comply with such standard.’’.

4 (b) ENFORCEMENT.—

5 (1) CIVIL PENALTIES.—

6 (A) IN GENERAL.—Section 309 of the Fed7 eral Election Campaign Act of 1971 (2 U.S.C.

8 437g) is amended by adding at the end the fol9 lowing:

10 ‘‘(e) The Attorney General may bring a civil action

11 in an appropriate district court for such declaratory or in12 junctive relief as is necessary to carry out the require13 ments under section 323.’’.

14 (B) CONFORMING AMENDMENT.—Section

15 309(a)(1) of the Federal Election Campaign

16 Act of 1971 (2 U.S.C. 437g(a)(1)) is amended

17 by striking ‘‘Any person’’ and inserting ‘‘Except

18 as provided in section 323, any person’’.

19 (2) CRIMINAL PENALTIES.—

20 (A) IN GENERAL.—Chapter 29 of title 18,

21 United States Code, is amended by adding at

22 the end the following:
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1 ‘‘SEC. 612. NONCOMPLIANCE WITH UNIFORM NATIONAL

2 ELECTION STANDARDS.

3 ‘‘It shall be unlawful for any person to knowingly con4 duct an election for Federal office (within the meaning

5 of section 301 of the Federal Election Campaign Act of

6 1971), or to knowingly interfere with such election, so that

7 the election is in violation of the uniform national stand8 ards established by the Federal Election Commission

9 under section 323 of such Act. Any person who violates

10 this section shall be fined under this title or imprisoned

11 not more than 3 years, or both.’’.

12 (B) CONFORMING AMENDMENT.—The

13 table of sections for chapter 29 of title 18,

14 United States Code, is amended by inserting at

15 the end the following:

‘‘Sec. 612. Noncompliance with uniform national election standards.’’.

16 (c) COMPLIANCE GRANT PROGRAM.—

17 (1) IN GENERAL.—The Federal Election Com18 mission is authorized to make grants to States to

19 provide for the cost of implementing the uniform na20 tional standards for elections established under sec21 tion 323 of the Federal Election Campaign Act of

22 1971.

23 (2) USE OF FUNDS.—A State may use a grant

24 received under paragraph (1) for costs in relation to
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1 compliance with the uniform national standards for

2 elections established by the Federal Election Com3 mission.

4 (3) APPLICATION.—Each State that desires to

5 receive a grant under this subsection shall submit an

6 application to the Federal Election Commission, at

7 such time, in such manner, and accompanied by

8 such information as reasonably required by the regu9 lations promulgated under paragraph (5).

10 (4) APPROVAL OF APPLICATION.—The Federal

11 Election Commission shall approve an application in

12 accordance with the standards required under para13 graph (5).

14 (5) ADMINISTRATIVE REGULATIONS.—The Fed15 eral Election Commission shall issue regulations re16 garding grants under this subsection that provide

17 for the following:

18 (A) The application process.

19 (B) The content of an application.

20 (C) The standard amount of each grant.

21 (D) The criteria for approval of an applica22 tion.

23 (6) AUTHORIZATION OF APPROPRIATIONS.—

24 (A) IN GENERAL.—There is authorized to

25 be appropriated $100,000,000 for each of fiscal
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1 years 2002 through 2011 to carry out the pro2 visions of this subsection.

3 (B) AVAILABILITY OF FUNDS.—Such

4 funds shall remain available until expended.

5 (7) REPORTS.—Not later than 1 year after the

6 date of enactment of this Act and annually there7 after, the Federal Election Commission shall submit

8 to Congress a report on the activities under this sub9 section.

10 SEC. 3. CHANGE IN GENERAL ELECTION DATE.

11 (a) ELECTORS.—Section 1 of title 3, United States

12 Code, is amended by striking ‘‘on the Tuesday next after

13 the first Monday’’ and inserting ‘‘on the first consecutive

14 Saturday and Sunday prior to the first Monday’’.

15 (b) CONGRESSIONAL ELECTIONS.—Section 25 of the

16 Revised Statutes (2 U.S.C. 7) is amended to read as fol17 lows:

18 ‘‘SEC. 25. The first consecutive Saturday and Sunday

19 prior to the first Monday in November, in every even num20 bered year, are established as the days for the election,

21 in each of the States and Territories of the United States,

22 of Representatives and Delegates to the Congress com23 mencing on the 3d day of January thereafter.’’.
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1 SEC. 4. VOTER REGISTRATION IN FEDERAL ELECTIONS.

2 Section 4 of the National Voter Registration Act of

3 1993 (42 U.S.C. 1973gg–2) is amended by adding at the

4 end the following:

5 ‘‘(c) SAME DAY REGISTRATION.—Notwithstanding

6 any other Federal or State law, each State shall establish

7 procedures to allow voters in the State to register to vote

8 at the polling place at the time of voting in a general elec9 tion for Federal office.’’.

10 SEC. 5. EFFECTIVE DATE.

11 The amendments made by this Act shall apply with

12 respect to general elections for Federal office occurring

13 during or after November 2004.

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