II

106TH CONGRESS

2D SESSION S. 1

To establish an Election Administration Commission to study Federal, State,

and local voting procedures and election administration and provide

grants to modernize voting procedures and election administration, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 15 (legislative day, SEPTEMBER 22), 2000

Mr. MCCONNELL (for himself, Mr. TORRICELLI, Mrs. FEINSTEIN, Mr. ALLARD, Mr. SMITH of Oregon, Ms. LANDRIEU, Mr. BURNS, Mr. BENNETT,

Mr. BREAUX, Mr. HUTCHINSON, and Mr. SANTORUM) introduced the following bill; which was read twice and referred to the Committee on Rules

and Administration

A BILL

To establish an Election Administration Commission to study

Federal, State, and local voting procedures and election

administration and provide grants to modernize voting

procedures and election administration, 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 ‘‘Election Reform Act’’.
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1 SEC. 2. ESTABLISHMENT OF ELECTION ADMINISTRATION

2 COMMISSION.

3 There is established a commission to be known as the

4 Election Administration Commission (in this Act referred

5 to as the ‘‘Commission’’).

6 SEC. 3. DUTIES OF THE COMMISSION.

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

8 (1) develop, update, and adopt, by vote of the

9 Commission, not less often than every 4 years, vol10 untary engineering and procedural performance

11 standards for voting systems used in Federal, State,

12 and local elections;

13 (2) advise States regarding compliance with the

14 requirements of the Voting Accessibility for the El15 derly and Handicapped Act (42 U.S.C. 1973ee et

16 seq.) and compliance with other Federal laws re17 garding accessibility of registration facilities and

18 polling places, and develop, update, and adopt, by

19 vote of the Commission, not less often than every 4

20 years, voluntary procedures for maintaining and en21 hancing the accessibility of registration facilities,

22 polling places, and voting methods for voters, includ23 ing disabled voters;

24 (3) have primary responsibility to carry out

25 Federal functions under title I of the Uniformed and
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1 Overseas Citizens Absentee Voting Act (42 U.S.C.

2 1973ff et seq.) as the Presidential designee;

3 (4) develop, update, and adopt, by vote of the

4 Commission, not less often than every 4 years, rec5 ommendations for voluntary procedures for main6 taining and enhancing the administration of Federal,

7 State, and local elections;

8 (5) carry out the provisions of section 9 of the

9 National Voter Registration Act of 1993 (42 U.S.C.

10 1973gg–7) regarding mail voter registration;

11 (6) make available information regarding the

12 Federal election system to the public and media;

13 (7) assemble and make available bipartisan

14 panels of election professionals to assist any State

15 election official, upon request, in review of election

16 or vote counting procedures in Federal, State, and

17 local elections; and

18 (8) compile and make available to the public the

19 official certified results of Federal elections and sta20 tistics regarding national voter registration and

21 turnout.

22 (b) STUDY OF ELECTION ADMINISTRATION.—Begin23 ning on the date that is 1 day after the date on which

24 all the members are initially appointed to the Commission,

25 the Commission shall make periodic studies, which shall
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1 be made available to the public, of issues related to the

2 administration of elections, such as procedures which rep3 resent the best practices in election administration,

4 including—

5 (1) election technology and systems and ballot

6 design;

7 (2) voter registration, and verification and

8 maintenance of voter rolls;

9 (3) access to polling places;

10 (4) alternative voting methods; and

11 (5) the accuracy and security of election proce12 dures and vote counts.

13 (c) GRANT PROGRAM.—

14 (1) GRANT AUTHORITY.—

15 (A) IN GENERAL.—Not less often than

16 once each calendar year, the Commission shall

17 solicit and review applications from State and

18 local governments for grants to improve and

19 modernize the administration of elections using

20 procedures consistent with voluntary rec21 ommendations adopted by the Commission.

22 (B) AWARD.—The Commission shall, by

23 vote, award grants to State and local govern24 ments that submit applications.
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1 (2) STATE AND LOCAL APPLICATIONS.—State

2 and local governments shall submit applications to

3 the Commission for grants under paragraph (1) in

4 such time and such manner and containing such in5 formation as the Commission shall by regulation re6 quire.

7 (3) USE OF FUNDS.—

8 (A) MATCHING FUNDS.—The Commission

9 shall ensure that any State or local government

10 receiving a grant under this subsection shall ex11 pend State or local funds in an amount equal

12 to not less than 25 percent of the amount of

13 the grant awarded.

14 (B) AUDIT.—A State or local government

15 receiving a grant under this subsection shall

16 agree that any funds under the grant are sub17 ject to audit whenever the Commission, by vote,

18 requests an audit.

19 (4) AMOUNT OF GRANT; TIME.—

20 (A) AMOUNT OF GRANT.—The Commission

21 shall award grants under this subsection for

22 each fiscal year in an aggregate amount not to

23 exceed $100,000,000 or such greater amount as

24 may be appropriated for such fiscal year.
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1 (B) TIME TO ALLOCATE.—The Commis2 sion shall begin review of applications for

3 grants under this subsection on the date which

4 is 1 year after all members of the Commission

5 are initially appointed.

6 (5) APPROPRIATIONS.—Funds appropriated for

7 a fiscal year to the Commission to award grants

8 under this subsection that are not used for such pur9 pose shall be returned to the Treasury by the end

10 of such year.

11 (d) REPORT.—The Commission shall annually submit

12 a report regarding the activities of the Commission to the

13 Committee on House Administration of the House of Rep14 resentatives and the Committee on Rules and Administra15 tion of the Senate.

16 SEC. 4. MEMBERSHIP.

17 (a) MEMBERSHIP.—

18 (1) COMPOSITION.—The Commission shall be

19 composed of 4 members appointed by the President,

20 by and with the advice and consent of the Senate.

21 (2) PARTY AFFILIATION.—Not more than 2 of

22 the 4 members appointed under paragraph (1) may

23 be members of the same party.

24 (3) QUALIFICATIONS.—Members appointed

25 under paragraph (1) shall be chosen on the basis of
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1 experience with and knowledge of State and local

2 election administration, integrity, impartiality, and

3 good judgment, and members shall be individuals

4 who, at the time appointed to the Commission, are

5 not elected or appointed officers or employees in the

6 executive or legislative branch of the Federal Gov7 ernment. Such individuals shall not engage in any

8 other business, vocation, or employment.

9 (4) PERIOD OF APPOINTMENT; VACANCIES.—

10 (A) PERIOD OF APPOINTMENT.—Members

11 shall be appointed for a term of 4 years, except

12 that of the members first appointed—

13 (i) 2 of the members, not affiliated

14 with the same party, shall be appointed for

15 5 years; and

16 (ii) 2 of the members, not affiliated

17 with the same party, shall be appointed for

18 4 years.

19 (B) VACANCIES.—

20 (i) IN GENERAL.—A vacancy on the

21 Commission shall be filled in the manner

22 in which the original appointment was

23 made and shall be subject to any condi24 tions which applied with respect to the

25 original appointment.
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1 (ii) EXPIRED TERMS.—A member of

2 the Commission may serve on the Commis3 sion after the expiration of the member’s

4 term until the successor of such member

5 has taken office as a member of the Com6 mission.

7 (iii) UNEXPIRED TERMS.—An indi8 vidual chosen to fill a vacancy shall be ap9 pointed for the unexpired term of the

10 member replaced.

11 (5) COMPENSATION OF MEMBERS.—Each mem12 ber of the Commission shall receive compensation

13 equivalent to the annual rate of basic pay prescribed

14 for level IV of the Executive Schedule, under section

15 5315 of title 5, United States Code.

16 (6) CHAIRPERSON; VICE CHAIRPERSON.—

17 (A) IN GENERAL.—The Commission shall

18 elect a chairperson and vice chairperson from

19 among its members for a term of 1 year.

20 (B) NUMBER OF TERMS.—A member may

21 serve as a chairperson only once during any

22 term of office to which such member is ap23 pointed.
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1 (C) POLITICAL AFFILIATION.—The chair2 person and vice chairperson shall not be affili3 ated with the same political party.

4 (b) DATE OF APPOINTMENT.—The appointments of

5 the members of the Commission shall be made not later

6 than 45 days after the date of enactment of this Act.

7 (c) MAJORITY VOTE.—All decision of the Commission

8 with respect to the exercise of its duties and powers under

9 the provisions of this Act shall be made by a majority vote

10 of the members of the Commission.

11 (d) MEETINGS.—The Commission shall meet at least

12 once each month and at the call of any member of the

13 Commission.

14 (e) JURISDICTION OF COMMISSION.—The Commis15 sion shall formulate and administer policy with respect to

16 the matters and duties in the jurisdiction of the Commis17 sion under this Act.

18 SEC. 5. POWERS OF THE COMMISSION.

19 (a) HEARINGS AND SESSIONS.—The Commission

20 may hold such hearings for the purpose of carrying out

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

22 testimony, and receive such evidence as the Commission

23 considers advisable to carry out this Act. The Commission

24 may administer oaths and affirmations to witnesses ap25 pearing before the Commission.
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1 (b) INFORMATION FROM FEDERAL AGENCIES.—The

2 Commission may secure directly from any Federal depart3 ment or agency such information as the Commission con4 siders necessary to carry out this Act. Upon request of

5 the chairperson of the Commission, the head of such de6 partment or agency shall furnish such information to the

7 Commission.

8 (c) 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 (d) 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 SEC. 6. COMMISSION PERSONNEL MATTERS.

19 (a) STAFF.—

20 (1) IN GENERAL.—The chairperson of the Com21 mission may, without regard to the civil service laws

22 and regulations, appoint and terminate an executive

23 director and such other additional personnel as may

24 be necessary to enable the Commission to perform
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1 its duties. The employment of an executive director

2 shall be subject to confirmation by the Commission.

3 (2) COMPENSATION.—The chairperson of the

4 Commission may fix the compensation of the execu5 tive director and other personnel without regard to

6 chapter 51 and subchapter III of chapter 53 of title

7 5, United States Code, relating to classification of

8 positions and General Schedule pay rates, except

9 that the rate of pay for the executive director and

10 other personnel may not exceed the rate payable for

11 level V of the Executive Schedule under section 5316

12 of such title.

13 (b) DETAIL OF GOVERNMENT EMPLOYEES.—Any

14 Federal Government employee may be detailed to the

15 Commission without reimbursement, and such detail shall

16 be without interruption or loss of civil service status or

17 privilege.

18 (c) PROCUREMENT OF TEMPORARY AND INTERMIT19 TENT SERVICES.—The chairperson of the Commission

20 may procure temporary and intermittent services under

21 section 3109(b) of title 5, United States Code, at rates

22 for individuals which do not exceed the daily equivalent

23 of the annual rate of basic pay prescribed for level V of

24 the Executive Schedule under section 5316 of such title.
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Com3 mission such sums as may be necessary to carry out this

4 Act.

5 SEC. 8. OFFICE OF ELECTION ADMINISTRATION OF THE

6 FEDERAL ELECTION COMMISSION.

7 There are transferred to the Commission established

8 under section 2 all functions which the Office of Election

9 Administration, established within the Federal Election

10 Commission, exercised before the date of enactment of this

11 Act.

12 SEC. 9. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE

13 VOTING ACT.

14 (a) TRANSFER OF FUNCTIONS.—There are trans15 ferred to the Commission established under section 2 all

16 functions which the Presidential designee under title 1 of

17 the Uniformed and Overseas Citizens Absentee Voting Act

18 (42 U.S.C. 1973ff et seq.) exercised before the date of

19 enactment of this Act.

20 (b) TRANSITION.—With the consent of the appro21 priate department or agency concerned, the Commission

22 is authorized to utilize the services of such officers, em23 ployees, and other personnel of the departments and agen24 cies from which functions have been transferred to the

25 Commission for such period of time as may reasonably be
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1 needed to facilitate the orderly transfer of functions under

2 this section.

3 (c) TECHNICAL AMENDMENT.—Section 101 of the

4 Uniformed and Overseas Citizens Absentee Voting Act (42

5 U.S.C. 1973ff) is amended by striking subsection (a) and

6 inserting the following:

7 ‘‘(a) PRESIDENTIAL DESIGNEE.—The Election Ad8 ministration Commission shall have primary responsibility

9 for Federal functions under this title as the Presidential

10 designee.’’.

11 SEC. 10. TECHNICAL AMENDMENTS.

12 (a) FEDERAL ELECTION CAMPAIGN ACT.—Section

13 311(a) of the Federal Election Campaign Act of 1971 (2

14 U.S.C. 438(a)) is amended—

15 (1) in paragraph (8), by inserting ‘‘and’’ at the

16 end;

17 (2) in paragraph (9), by striking ‘‘; and’’ and

18 inserting a period; and

19 (3) by striking paragraph (10) and the second

20 and third sentences.

21 (b) NATIONAL VOTER REGISTRATION ACT OF

22 1993.—Section 9(a) of the National Voter Registration

23 Act of 1993 (42 U.S.C. 1973gg–7) is amended by striking
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1 ‘‘Federal Election Commission’’ and inserting ‘‘Election

2 Administration Commission’’.

Æ