II

106TH CONGRESS

2D SESSION S. 3273

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 SENATE OF THE UNITED STATES

DECEMBER 5 (legislative day, SEPTEMBER 22), 2000

Mr. SCHUMER (for himself, Mr. BROWNBACK, Mr. KENNEDY, Mr. CLELAND,

Mr. KERRY, Mr. JOHNSON, and Mr. LEAHY) introduced the following bill;

which was read twice and referred to the Committee on Rules and 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 ‘‘Voting Study and Im5 provement Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) With few exceptions, Americans use anti2 quated methods to vote and tabulate the results in

3 Federal elections. In the era of the microchip, Fed4 eral elections are still conducted using punch cards,

5 paper ballots, and voting machines that were in6 vented in the 19th century and are no longer even

7 manufactured.

8 (2) Our failure to modernize our system for vot9 ing and administering elections has led to a variety

10 of damaging effects.

11 (3) First, voters experience unnecessary delay,

12 confusion, and inconvenience when voting.

13 (4) Second, our outdated voting system may

14 produce incomplete or inaccurate results, such as

15 when machines tabulating votes misread ballots, or

16 when decades-old voting machines break down on

17 election day.

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

19 system of voting play a role in depressing voter turn20 out, which has declined by nearly 20 percent in only

21 40 years.

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

23 United States face unique difficulties in reaching

24 polling places and in funding the acquisition of new

25 technology to administer elections.
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1 (7) Recently, States have begun experimenting

2 with new and innovative ways of voting and tab3 ulating results. For example, Oregon conducts elec4 tions by mail, Delaware voters use computerized vot5 ing terminals, and Arizona has conducted a presi6 dential primary election via the Internet.

7 (8) During the past decade, the Federal Elec8 tion Commission has studied ways to update our vot9 ing system. The Commission’s National Clearing10 house on Election Administration has issued several

11 reports analyzing, among other topics, early voting,

12 all mail elections, and the simplification of election

13 forms and materials.

14 (9) The Federal Election Commission’s past ef15 forts to study innovations in election administration,

16 as well as its overall experience in election law and

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

18 and definitive examination of new means of voting

19 and tabulation, and to determine which alternate

20 methods of voting promise greater accuracy, conven21 ience, and accessibility.

22 SEC. 3. FEDERAL ELECTION COMMISSION STUDY.

23 (a) AUTHORIZATION OF STUDY.—The Federal Elec24 tion Commission (referred to in this Act as the ‘‘Commis25 sion’’) shall perform a study of the feasibility and advis-
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1 ability of alternate means and instruments of voting in

2 Federal elections.

3 (b) ISSUES TO BE STUDIED.—The means and in4 struments studied under subsection (a) shall include, but

5 not be limited to—

6 (1) computerized voting machines;

7 (2) voting by mail;

8 (3) Internet voting;

9 (4) redesigned ballots;

10 (5) expanding or changing the hours and places

11 in which voting occurs; and

12 (6) means and instruments particularly relevant

13 to voting in rural or urban areas.

14 (c) RECOMMENDATIONS.—The Commission shall

15 make recommendations based on the study under sub16 section (a) regarding which alternate means and instru17 ments of voting, if any, are more convenient and accessible

18 to voters or yield more accurate and expeditious results.

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

20 hearings, take testimony, and receive evidence as nec21 essary to complete the study under this section. The num22 ber, time, and place of hearings to be held by the Commis23 sion shall be determined by the Commission.

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

25 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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