U.S. ELECTION ASSISTANCE COMMISSION 

1225 NEW YORK AVENUE, N.W., SUITE 1100 

WASHINGTON, D.C. 20005 

OFFICE OF THE VICE CHAIR 

REMARKS BY COMMISSIONER RAY MARTINEZ 

HOUSE ADMINISTRATION COMMITTEE HEARING 

JUNE 22, 2006 

Good morning Chairman Ehlers, Ranking Member Millender-McDonald, and members of 

the Committee. My name is Ray Martinez III, and I currently serve as vice chair of the U.S. 

Election Assistance Commission. I appreciate the invitation to offer my comments and I'm 

honored to share the microphone today with my distinguished co-panelists. 

After the 2000 presidential election, several important national commissions and task forces 

were created to study the problems in election administration that became evident during that 

notable election cycle. One such commission - whose recommendations greatly influenced 

congressional views on election administration - was the Commission on Federal Election 

Reform of 200 1, co-chaired by former presidents Jimmy Carter and Gerald Ford. Like other 

similar entities, the Carter-Ford Commission recognized the essential role of State and local 

governments in the process of election administration. Speaking on the balance of authority 

in the U.S Constitution, the Commission's final report stated: "The Framers recognized the 

practical need to rely on local administration and state oversight." In passing such important 

voting rights laws such as the Uniform and Overseas Citizens Absentee Voting Act of 1986, 

the National Voter Registration Act of 1993, and the Help America Vote Act of2002, 

Congress carefully considered this balance of responsibilities and appropriately gave 

significant discretion to State governments in implementing these important laws. As an 

EAC commissioner, I have strived to fully support this carefully crafted balance of 

State/Federal responsibilities. 

Prior to joining the EAC, I operated a solo law practice in Austin, Texas that focused almost 

exclusively on representation of county and local governments. Indeed, most of my 

professional career throughout the past 15 years has been dedicated to serving the needs of 

Tel: 202-566-3100 www.eac.gov Fax: 202-566-1392 

Toll free: 1-866-747-1471 

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state and local jurisdictions. That is especially true during my tenn on the EAC. As an EAC 

commissioner, I have worked to not only support this carefully crafted balance of 

responsibilities, I have also publicly declared my belief in the appropriateness of election 

administration being a responsibility largely reserved to state and local governments. 

The EAC has made it a priority to build a genuine and lasting partnership with officials at the 

state and local level, and have we have actively sought their essential input to guide the work 

of our agency. Moreover, the EAC places great value in the productive working relationship 

we have built with such influential organizations as the National Association of Secretaries of 

State (NASS), the National Association of Counties (NACo) and the National Association of 

State Election Directors, to name but a few. In short, Mr. Chainnan, I finnly believe that the 

key to success for my agency is find ways to support - and enhance - this balance of 

responsibilities over election administration that Congress has so repeatedly endorsed when 

passing laws like NVRA and HA V A. 

However, immediately after my confinnation to the EAC, I took an important oath to uphold 

the Constitution and laws ofthe United States. While the responsibility to administer 

elections is appropriately reserved to State and local governments, it is a well established 

matter of law that Congress possesses the Constitutional authority to regulate elections for 

Federal offices. By passing significant laws such UOCA VA, NVRA and HA V A, Congress 

has exercised this authority. My obligation as an EAC commissioner, Mr. Chainnan, is to 

implement these laws in the most deliberative and reasonable manner and with no regard to 

any partisan or political agenda. 

When any matter is brought before the EAC which, in my view, would significantly alter this 

carefully crafted balance of State/Federal authority, I believe I have not only a responsibility, 

but an obligation, to consider the interest not only of the particular State that requests such a 

change, but the implications of that change to the entire country. 

In the important matter pertaining to Arizona's request that the EAC amend its state-specific 

instructions to require documentary proof of citizenship for any applicant using the NVRA 

Federal Fonn, the EAC was presented with just such a scenario. In other words, in carefully 

considering Arizona's request to condition acceptance of the Federal Form upon 

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documentary proof of citizenship, we considered relevant statutory language, such the 

requirement contained in NVRA that each State shall accept and use the national mail-in 

voter registration application as prescribed by the EAC. To the extent that there may have 

existed any ambiguity in the statutory language - such as what Congress meant by 

specifically disallowing any notarization or other formal authentication with the Federal 

Form, we then turned to legislative history and congressional intent. 

And yet, aside from statutory language or legislative intent, it is also true, Mr. Chairman, that 

the EAC must also consider the practical effect of granting Arizona's change and the impact 

that decision would have upon the express findings put forth by Congress in NVRA. That is, 

if Arizona is allowed to condition the Federal Form upon documentary proof of citizenship, 

what is to prevent other States from doing the same with other eligibility qualifications? For 

example, if hypothetically, 15 States were to follow Arizona's lead in requiring documentary 

proof of citizenship, another 10 States required documentary proof of age, and yet another 

handful required affirmative, documentary proof of non-felony status, would this not result in 

a new patchwork of registration laws for Federal elections? And if so, would this not defeat 

one of the central and most important purposes ofNVRA - to make it easier for eligible 

citizens to participate in our great Democracy? 

In closing, Mr. Chairman, I realize that it is my duty in carrying out my responsibilities as an 

EAC commissioner to keep my personal hat separate from my professional one. And yet, at 

times, that is difficult to do. Right now, living in a small rural town in Texas, there is an 86 

year old, World-War II veteran, who was born on a ranch in south Texas, far away from 

hospitals, birth certificates, and documentary proof of citizenship. He dutifully and proudly 

served his country, his community and his family with honor. He has voted in every election 

that I can remember, and I know this because he often took me with him to vote when I was a 

young boy. This person is my father. By conditioning the fundamental right to vote on 

government documents that many citizens may not readily have available or in some cases, 

may be impossible to obtain, is to fundamentally alter the delicate balance ofFederal/State 

responsibility that has so carefully been crafted through important laws like NVRA. 

I have nothing but the highest regard for election officials such as Secretary Jan Brewer who 

are working tirelessly and appropriately to implement the laws passed by the good people of 

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Arizona. However, when such significant matters as this come into play, the EAC must 

consider the implications of its decision - not just in regard to one important state - but in the 

full context of the entire country. Moreover, since NVRA represents the only regulatory 

authority that has been granted to the EAC, we ought to exercise this authority with extreme 

caution, in a fully deliberative and measured fashion, and with no regard to political and 

partisan agendas. I pledge to this committee today to continue to do just that. 

Thank you, Chairman Ehlers and Ranking Member Millender-McDonald. I would be happy 

to answer any questions. 

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