I
106TH CONGRESS
2D SESSION
H. R. 5674
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 HOUSE OF REPRESENTATIVES
DECEMBER 15, 2000
Mr. DAVIS of Virginia (for himself, Mr. ROTHMAN, Mr. KENNEDY of Rhode
Island, and Mrs. WILSON) introduced the following bill; which was re-
ferred 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 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Election Reform Act’’.
SEC. 2. ESTABLISHMENT OF ELECTION ADMINISTRATION
COMMISSION.
There is established a commission to be known as the
Election Administration Commission (in this Act referred
to as the ‘‘Commission’’).
SEC. 3. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall—
(1) develop, update, and adopt, by vote of the
Commission, not less often than every 4 years, vol-
untary engineering and procedural performance
standards for voting systems used in Federal, State,
and local elections;
(2) advise States regarding compliance with the
requirements of the Voting Accessibility for the El-
derly and Handicapped Act (42 U.S.C. 1973ee et
seq.) and compliance with other Federal laws re-
garding accessibility of registration facilities and
polling places, and develop, update, and adopt, by
vote of the Commission, not less often than every 4
years, voluntary procedures for maintaining and en-
hancing the accessibility of registration facilities,
polling places, and voting methods for voters, includ-
ing disabled voters;
(3) have primary responsibility to carry out
Federal functions under title I of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.) as the Presidential designee;
(4) develop, update, and adopt, by vote of the
Commission, not less often than every 4 years, rec-
ommendations for voluntary procedures for main-
taining and enhancing the administration of Federal,
State, and local elections;
(5) carry out the provisions of section 9 of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg–7) regarding mail voter registration;
(6) make available information regarding the
Federal election system to the public and media;
(7) assemble and make available bipartisan
panels of election professionals to assist any State
election official, upon request, in review of election
or vote counting procedures in Federal, State, and
local elections; and
(8) compile and make available to the public the
official certified results of Federal elections and sta-
tistics regarding national voter registration and
turnout.
(b) STUDY OF ELECTION ADMINISTRATION.—Begin-
ning on the date that is 1 day after the date on which
all the members are initially appointed to the Commission,
the Commission shall make periodic studies, which shall
be made available to the public, of issues related to the
administration of elections, such as procedures which rep-
resent the best practices in election administration,
including—
(1) election technology and systems and ballot
design;
(2) voter registration, and verification and
maintenance of voter rolls;
(3) access to polling places;
(4) alternative voting methods; and
(5) the accuracy and security of election proce-
dures and vote counts.
(c) GRANT PROGRAM.—
(1) GRANT AUTHORITY.—
(A) IN
GENERAL.—Not less often than
once each calendar year, the Commission shall
solicit and review applications from State and
local governments for grants to improve and
modernize the administration of elections using
procedures 
consistent 
with 
voluntary 
rec-
ommendations adopted by the Commission.
(B) AWARD.—The Commission shall, by
vote, award grants to State and local govern-
ments that submit applications.
(2) STATE AND LOCAL APPLICATIONS.—State
and local governments shall submit applications to
the Commission for grants under paragraph (1) in
such time and such manner and containing such in-
formation as the Commission shall by regulation re-
quire.
(3) USE OF FUNDS.—
(A) MATCHING FUNDS.—The Commission
shall ensure that any State or local government
receiving a grant under this subsection shall ex-
pend State or local funds in an amount equal
to not less than 25 percent of the amount of
the grant awarded.
(B) AUDIT.—A State or local government
receiving a grant under this subsection shall
agree that any funds under the grant are sub-
ject to audit whenever the Commission, by vote,
requests an audit.
(4) AMOUNT OF GRANT; TIME.—
(A) AMOUNT OF GRANT.—The Commission
shall award grants under this subsection for
each fiscal year in an aggregate amount not to
exceed $100,000,000 or such greater amount as
may be appropriated for such fiscal year.
experience with and knowledge of State and local
election administration, integrity, impartiality, and
good judgment, and members shall be individuals
who, at the time appointed to the Commission, are
not elected or appointed officers or employees in the
executive or legislative branch of the Federal Gov-
ernment. Such individuals shall not engage in any
other business, vocation, or employment.
(4) PERIOD OF APPOINTMENT; VACANCIES.—
(A) PERIOD OF APPOINTMENT.—Members
shall be appointed for a term of 4 years, except
that of the members first appointed—
(i) 2 of the members, not affiliated
with the same party, shall be appointed for
5 years; and
(ii) 2 of the members, not affiliated
with the same party, shall be appointed for
4 years.
(B) VACANCIES.—
(i) IN GENERAL.—A vacancy on the
Commission shall be filled in the manner
in which the original appointment was
made and shall be subject to any condi-
tions which applied with respect to the
original appointment.
(ii) EXPIRED TERMS.—A member of
the Commission may serve on the Commis-
sion after the expiration of the member’s
term until the successor of such member
has taken office as a member of the Com-
mission.
(iii) UNEXPIRED
TERMS.—An indi-
vidual chosen to fill a vacancy shall be ap-
pointed for the unexpired term of the
member replaced.
(5) COMPENSATION OF MEMBERS.—Each mem-
ber of the Commission shall receive compensation
equivalent to the annual rate of basic pay prescribed
for level IV of the Executive Schedule, under section
5315 of title 5, United States Code.
(6) CHAIRPERSON; VICE CHAIRPERSON.—
(A) IN GENERAL.—The Commission shall
elect a chairperson and vice chairperson from
among its members for a term of 1 year.
(B) NUMBER OF TERMS.—A member may
serve as a chairperson only once during any
term of office to which such member is ap-
pointed.
(C) POLITICAL AFFILIATION.—The chair-
person and vice chairperson shall not be affili-
ated with the same political party.
(b) DATE OF APPOINTMENT.—The appointments of
the members of the Commission shall be made not later
than 45 days after the date of enactment of this Act.
(c) MAJORITY VOTE.—All decision of the Commission
with respect to the exercise of its duties and powers under
the provisions of this Act shall be made by a majority vote
of the members of the Commission.
(d) MEETINGS.—The Commission shall meet at least
once each month and at the call of any member of the
Commission.
(e) JURISDICTION OF COMMISSION.—The Commis-
sion shall formulate and administer policy with respect to
the matters and duties in the jurisdiction of the Commis-
sion under this Act.
SEC. 5. POWERS OF THE COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may hold such hearings for the purpose of carrying out
this Act, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out this Act. The Commission
may administer oaths and affirmations to witnesses ap-
pearing before the Commission.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this Act. Upon request of
the chairperson of the Commission, the head of such de-
partment or agency shall furnish such information to the
Commission.
(c) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the chairperson of the Commission, the Ad-
ministrator of the General Services Administration shall
provide to the Commission, on a reimbursable basis, the
administrative support services that are necessary to en-
able the Commission to carry out its duties under this Act.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) STAFF.—
(1) IN GENERAL.—The chairperson of the Com-
mission may, without regard to the civil service laws
and regulations, appoint and terminate an executive
director and such other additional personnel as may
be necessary to enable the Commission to perform
its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(2) COMPENSATION.—The chairperson of the
Commission may fix the compensation of the execu-
tive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of
positions and General Schedule pay rates, except
that the rate of pay for the executive director and
other personnel may not exceed the rate payable for
level V of the Executive Schedule under section 5316
of such title.
(b) DETAIL
OF GOVERNMENT EMPLOYEES.—Any
Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall
be without interruption or loss of civil service status or
privilege.
(c) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairperson of the Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission such sums as may be necessary to carry out this
Act.
SEC. 8. OFFICE OF ELECTION ADMINISTRATION OF THE
FEDERAL ELECTION COMMISSION.
There are transferred to the Commission established
under section 2 all functions which the Office of Election
Administration, established within the Federal Election
Commission, exercised before the date of enactment of this
Act.
SEC. 9. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE
VOTING ACT.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Commission established under section 2 all
functions which the Presidential designee under title 1 of
the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.) exercised before the date of
enactment of this Act.
(b) TRANSITION.—With the consent of the appro-
priate department or agency concerned, the Commission
is authorized to utilize the services of such officers, em-
ployees, and other personnel of the departments and agen-
cies from which functions have been transferred to the
Commission for such period of time as may reasonably be
needed to facilitate the orderly transfer of functions under
this section.
(c) TECHNICAL AMENDMENT.—Section 101 of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff) is amended by striking subsection (a) and
inserting the following:
‘‘(a) PRESIDENTIAL DESIGNEE.—The Election Ad-
ministration Commission shall have primary responsibility
for Federal functions under this title as the Presidential
designee.’’.
SEC. 10. TECHNICAL AMENDMENTS.
(a) FEDERAL ELECTION CAMPAIGN ACT.—Section
311(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(a)) is amended—
(1) in paragraph (8), by inserting ‘‘and’’ at the
end;
(2) in paragraph (9), by striking ‘‘; and’’ and
inserting a period; and
(3) by striking paragraph (10) and the second
and third sentences.
(b) NATIONAL
VOTER
REGISTRATION
ACT
OF
1993.—Section 9(a) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg–7) is amended by striking
‘‘Federal Election Commission’’ and inserting ‘‘Election
Administration Commission’’.
Æ