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107TH CONGRESS
1ST SESSION
H. R. 775
To establish a program to provide funds to State and local governments
to replace punch card voting systems, to establish the Election Adminis-
tration Commission to make grants to State and local governments
to assist in the administration of Federal elections, to develop a model
election code, and otherwise provide assistance with the administration
of certain Federal election laws and programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2001
Mr. HOYER (for himself, Mr. HORN, Mr. PRICE of North Carolina, Mr.
FATTAH, Mr. DAVIS of Florida, Mr. FROST, Mr. MENENDEZ, Ms. EDDIE
BERNICE JOHNSON of Texas, Mr. REYES, Mr. DINGELL, Mr. STENHOLM,
Mr. LANTOS, Mr. ABERCROMBIE, Mr. BLAGOJEVICH, Mr. BROWN of
Ohio, Mr. LANGEVIN, Mr. BACA, Mr. BAIRD, Mr. BENTSEN, Ms. BROWN
of Florida, Mr. BOYD, Mr. CARSON of Oklahoma, Mrs. CHRISTENSEN,
Mr. CLAY, Mr. CROWLEY, Mr. DEUTSCH, Mr. DOOLEY of California, Mr.
ETHERIDGE, Mr. FORD, Mr. GONZALEZ, Mr. GORDON, Mr. HALL of
Ohio, Mr. HASTINGS of Florida, Mr. HILL, Mr. HINOJOSA, Mr. HOLT,
Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON,
Mrs. JONES of Ohio, Mr. KENNEDY of Rhode Island, Mr. LIPINSKI, Mrs.
MALONEY of New York, Mr. MATHESON, Ms. MCCOLLUM, Mr. MCGOV-
ERN, Ms. MCKINNEY, Mrs. MEEK of Florida, Mr. MOORE, Mr. PASTOR,
Mr. ROSS, Ms. ROYBAL-ALLARD, Mr. RUSH, Mrs. TAUSCHER, Mr.
THOMPSON of California, Mr. THOMPSON of Mississippi, Mrs. THURMAN,
Mr. TOWNS, Mr. WATT of North Carolina, Mr. WEXLER, and Mr. WYNN)
introduced the following bill; which was referred to the Committee on
House Administration, and in addition to the Committee on Government
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To establish a program to provide funds to State and local
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governments to replace punch card voting systems, to
establish the Election Administration Commission to
make grants to State and local governments to assist
in the administration of Federal elections, to develop
a model election code, and otherwise provide assistance
with the administration of certain Federal election laws
and programs, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Voting Improvement Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—BUY OUT PROGRAM FOR PUNCH CARD VOTING
MACHINES
Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
Sec. 106. Authorization of appropriations.
TITLE II—ELECTION ADMINISTRATION COMMISSION
Subtitle A—Establishment and General Organization
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Election Administration Commission Advisory Group.
Sec. 205. Staff.
Sec. 206. Powers of the Commission.
Subtitle B—Election Administration Office
Sec. 211. Establishment.
Sec. 212. Duties.
Subtitle C—Grant Administration Office
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Sec. 221. Establishment.
Sec. 222. Grant program.
Sec. 223. Eligibility.
Sec. 224. Program guidelines.
Sec. 225. Other requirements for recipients.
Sec. 226. Approval by members of Commission required for grants.
Sec. 227. Reports.
Sec. 228. Authorization of appropriations.
Subtitle D—Model Election Code
Sec. 231. Development of model election code.
Sec. 232. Options for method of development.
TITLE III—LEAVE FOR FEDERAL EMPLOYEES SERVING AS
VOLUNTEER POLL WORKERS
Sec. 301. Election day leave for Federal employees serving as poll workers.
TITLE IV—TRANSITION PROVISIONS
Subtitle A—Transfer to Election Administration Commission of Functions
Under Certain Laws
Sec. 401. Federal Election Campaign Act of 1971.
Sec. 402. Uniformed and Overseas Citizens Absentee Voting Act.
Sec. 403. National Voter Registration Act of 1993.
Sec. 404. Transfer of property, records, and personnel.
Sec. 405. Effective date; transition.
Subtitle B—Coverage of Election Administration Commission Under Certain
Laws and Programs
Sec. 411. Treatment of Commission personnel under certain civil service laws.
Sec. 412. Coverage under Inspector General Act of 1978.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. State defined.
Sec. 502. No effect on other laws.
TITLE 
I—BUY 
OUT 
PROGRAM
FOR PUNCH CARD VOTING
MACHINES
SEC. 101. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Administrator of
General Services (hereafter in this title referred to as the
‘‘Administrator’’) shall establish a program under which
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the Administrator shall make a one-time payment to each
eligible State or unit of local government which used a
punch card voting system to administer the regularly
scheduled general election for Federal office held in No-
vember 2000.
(b) USE OF FUNDS.—A State or unit of local govern-
ment shall use the funds provided under a payment under
this title (either directly or as reimbursement) to replace
its punch card voting system with a voting system which
does not use punch cards (by purchase, lease, or such
other arrangement as may be appropriate) in time for the
regularly scheduled general election for Federal office to
be held in November 2002.
SEC. 102. ELIGIBILITY.
(a) STATES.—A State is eligible to receive a payment
under the program under this title if it submits to the
Administrator an application not later than 120 days after
the date of the enactment of this Act (in such form as
the Administrator may require) which contains—
(1) assurances that the State will use the pay-
ment (either directly or as reimbursement) to re-
place punch card voting systems in all jurisdictions
within the State which used such systems to carry
out the general Federal election held in November
2000;
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(2) assurances that in replacing punch card vot-
ing systems the State will continue to meet its duties
under the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.); and
(3) such other information and assurances as
the Administrator may require.
(b) UNITS OF LOCAL GOVERNMENT.—A unit of local
government is eligible to receive a payment under the pro-
gram under this title if it submits to the Administrator
an application (at such time and in such form as the Ad-
ministrator may require) which contains assurances that
the State in which the unit of local government is located
failed to submit an application under subsection (a) within
the deadline specified under such subsection, or is other-
wise not eligible to receive a payment under the program,
together with such other information and assurances as
the Administrator may require.
SEC. 103. AMOUNT OF PAYMENT.
The amount of payment made to a State or unit of
local government under the program under this title shall
be equal to the cost to the State or unit of local govern-
ment (as the case may be) of replacing its punch card vot-
ing systems, except that in no case may the amount of
the payment exceed the product of—
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(1) the number of voting precincts administered
by the State or unit of local government which use
a punch card voting system; and
(2) $6,000.
SEC. 104. AUDIT AND REPAYMENT OF FUNDS.
(a) AUDIT.—Funds provided under the program
under this title shall be subject to audit by the Adminis-
trator.
(b) REPAYMENT FOR FAILURE TO MEET REQUIRE-
MENTS.—If a State or unit of local government (as the
case may be) receiving funds under the program under
this title fails to replace all of the punch card voting sys-
tems under its jurisdiction in time for the regularly sched-
uled general Federal election to be held in November
2002, the State or unit of local government shall pay to
the Administrator an amount equal to the amount of the
funds provided to the State or unit of local government
under the program.
SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this subtitle, a ‘‘punch card voting
system’’ means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Punch Card.
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(5) Vote Recorder.
(6) Votomatic.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for payments under this title $432,000,000, to re-
main available until expended (subject to subsection (b)).
(b) USE OF RETURNED FUNDS AND FUNDS REMAIN-
ING
UNEXPENDED
FOR
ELECTION
ADMINISTRATION
GRANTS.—
(1) IN GENERAL.—The amounts referred to in
paragraph (2) shall be transferred to the Election
Administration Commission (established under title
II) and used by the Grant Administration Office of
such Commission to make grants under the program
described in subtitle C of title II.
(2) AMOUNTS
DESCRIBED.—The amounts re-
ferred to in this paragraph are as follows:
(A) Any amounts appropriated pursuant to
the authorization under this section which re-
main unobligated as of the date of the regularly
scheduled general election for Federal office
held in November 2002.
(B) Any amounts paid to the Adminis-
trator by a State or unit of local government
under section 104(b).
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TITLE II—ELECTION
ADMINISTRATION COMMISSION
Subtitle A—Establishment and
General Organization
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity
in the executive branch the Election Administration Com-
mission (hereafter in this title referred to as the ‘‘Commis-
sion’’).
SEC. 202. DUTIES.
The Commission shall serve as a national clearing-
house and resource for the compilation of information and
review of procedures with respect to the administration of
Federal elections by—
(1) carrying out the duties described in subtitle
B (acting through the Election Administration Of-
fice described in such subtitle);
(2) carrying out the duties described in subtitle
C (acting through the Grant Administration Office
described in such subtitle); and
(3) developing the model election code described
in subtitle D.
SEC. 203. MEMBERSHIP AND APPOINTMENT.
(a) COMPOSITION.—
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(1) IN
GENERAL.—The Commission shall be
composed of 4 members appointed by the President,
by and with the consent of the Senate, of whom—
(A) 1 shall be appointed from among a list
of nominees submitted by the President Pro
Tempore of the Senate (or, if the President Pro
Tempore is a member of the same political
party as the President, by the minority leader
of the Senate); and
(B) 1 shall be appointed from among a list
of nominees submitted by the speaker of the
House of Representatives (or, if the Speaker is
a member of the same political party as the
President, by the minority leader of the House
of Representatives).
(2) PARTY AFFILIATION.—Not more than 2 of
the members of the Commission may be affiliated
with the same political party.
(3) QUALIFICATIONS.—Each member of the
Commission shall have experience with or expertise
in election administration or the study of elections,
except that no individual may serve as a member of
the Commission if the individual is an officer or em-
ployee of the Federal Government at any time dur-
ing the period of service on the Commission.
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(4) DATE OF APPOINTMENT.—the appointments
of the members of the Commission shall be made not
later than 30 days after the date of enactment of
this Act.
(b) TERM OF SERVICE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), members shall serve for a term
of 4 years and may be reappointed for not more
than one additional term.
(2) TERMS OF INITIAL APPOINTEES.—As des-
ignated by the President at the time of appointment,
of the members first appointed—
(A) 2 of the members (not more than 1 of
whom may be affiliated with the same political
party) shall be appointed for a term of 2 years;
and
(B) 2 of the members (not more than 1 of
whom may be affiliated with the same political
party) shall be appointed for a term of 4 years.
(3) VACANCIES.—
(A) IN GENERAL.—A vacancy on the Com-
mission shall be filled in the manner in which
the original appointment was made and shall be
subject to any conditions which applied with re-
spect to the original appointment.
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(B) EXPIRED
TERMS.—A member of the
Commission may serve on the Commission after
the expiration of the member’s term until the
successor of such member has taken office as a
member of the Commission.
(C) UNEXPIRED
TERMS.—An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(c) CHAIR AND VICE CHAIR.—The Commission shall
select a chair and vice chair from among its members for
a term of 1 year, except that the chair and vice chair may
not be affiliated with the same political party.
(d) COMPENSATION OF MEMBERS.—Each member of
the Commission shall be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code.
SEC. 204. ELECTION ADMINISTRATION COMMISSION ADVI-
SORY GROUP.
(a) ESTABLISHMENT.—There is hereby established
the Election Administration Commission Advisory Group
(hereafter in this title referred to as the ‘‘Advisory
Group’’).
(b) MEMBERSHIP.—
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(1) IN GENERAL.—The Advisory Group shall be
composed of 15 members appointed as follows:
(A) 2 members appointed by the United
States Commission on Civil Rights.
(B) 2 members appointed by the National
Accessibility Board.
(C) 2 members appointed by the National
Governors Association.
(D) 2 members appointed by the National
Association of Secretaries of State.
(E) 2 members appointed by the National
Association of State Election Directors.
(F) 2 members appointed by the National
Association of County Recorders, Election Ad-
ministrators, and Clerks.
(G) 1 member appointed by the Election
Center.
(H) 2 members appointed by the Inter-
national Association of County Recorders, Elec-
tion Officials, and Treasurers.
(2) ENCOURAGING
DIVERSITY
IN
APPOINT-
MENTS.—The entities described in paragraph (1) are
encouraged to make appointments to the Advisory
Group in a manner which ensures that the Advisory
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Group will be bipartisan in nature and will reflect
the various geographic regions of the United States.
(3) TERM OF SERVICE; VACANCY.—Members of
the Advisory Group shall serve for a term of 4 years,
and may be reappointed. Any vacancy in the Advi-
sory Group shall be filled in the manner in which the
original appointment was made.
(4) NO COMPENSATION FOR SERVICE.—Mem-
bers of the Advisory Group shall not receive any
compensation for their service, but shall be allowed
travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular
places of business in the performance of services for
the Advisory Group.
(5) CHAIR.—The Advisory Group shall appoint
a Chair from among its members.
(6) MEETINGS.—The Advisory Group shall
meet at the call of its Chair.
(c) DUTIES.—In addition to such other functions as
may be provided in this Act, the Advisory Group shall ad-
vise the Commission in carrying out its duties under this
Act, and shall hold not fewer than 2 meetings with the
Commission every year for such purpose.
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SEC. 205. STAFF.
(a) EXECUTIVE DIRECTOR.—The Commission shall
have an Executive Director who shall be appointed by the
Chair. The Executive Director shall be paid at a rate not
to exceed the rate of basic pay for level V of the Executive
Schedule.
(b) STAFF.—Subject to rules prescribed by the Com-
mission, the Executive Director may appoint and fix the
pay of such additional personnel as the Executive Director
considers appropriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and staff of the Commis-
sion may be appointed without regard to the provisions
of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the annual rate of basic
pay for the level V of the Executive Schedule.
(d) EXPERTS AND CONSULTANTS.—Subject to rules
prescribed by the Commission, the Executive Director may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Chair, the head of any Federal department or agen-
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cy may detail, on a reimbursable basis, any of the per-
sonnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act.
SEC. 206. 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 Chair of the Commission, the head of such department
or agency shall furnish such information to the Commis-
sion.
(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 Chair of the Commission, the Adminis-
trator of the General Services Administration shall provide
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to the Commission, on a reimbursable basis, the adminis-
trative support services that are necessary to enable the
Commission to carry out its duties under this Act.
(e) CONTRACTS.—The Commission may contract
with and compensate persons and Federal agencies for
supplies and services without regard to section 3709 of
the Revised Statutes (41 U.S.C. 5).
(f) GIFTS AND DONATIONS.—The Commission may
accept, use, and dispose of gifts or donations of services
or property to carry out this Act.
Subtitle B—Election
Administration Office
SEC. 211. ESTABLISHMENT.
There shall be established within the Commission an
office to be known as the ‘‘Election Administration Of-
fice’’.
SEC. 212. DUTIES.
(a) IN GENERAL.—The Election Administration Of-
fice shall:
(1) By vote of the Commission, develop, adopt,
and update (not less often than every 2 years) vol-
untary engineering and procedural performance
standards for voting systems used in Federal local
elections.
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(2) Advise States and units of local government
regarding compliance with the requirements of the
Voting Accessibility for the Elderly and Handi-
capped Act (42 U.S.C. 1973ee et seq.) and compli-
ance with other Federal laws regarding accessibility
of registration facilities and polling places, and by
vote of the Commission, develop, adopt, and update
(not less often than every 4 years) voluntary proce-
dures for maintaining and enhancing the accessi-
bility and privacy of registration facilities, polling
places, and voting methods for voters, including dis-
abled voters.
(3) Carry out Federal functions under title I of
the Uniformed and Overseas Citizens Absentee Vot-
ing Act (42 U.S.C. 1973ff et seq.) as the Presi-
dential designee.
(4) Make periodic studies available to the public
regarding issues related to the administration of
elections, including an assessment of the procedures
which represent the best practices in election admin-
istration, including practices relating to—
(A) election equipment technology and sys-
tems;
(B) ballot design;
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(C) voter registration and the verification
and maintenance of voter rolls;
(D) alternative voting methods;
(E) the accuracy of election procedures
and vote counting procedures; and
(F) voter education materials, including
sample ballots and instructions for the use of
voting equipment.
(5) By vote of the Commission, develop, adopt,
and update (not less often than every 4 years) vol-
untary election management practice standards for
State and local election officials to maintain and en-
hance the administration of Federal elections which
include the best practices described in paragraph
(4).
(6) 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.
(7) Make information on the Federal election
system available to the public and the media.
(8) At the request of State officials, assist such
officials in the review of election or vote counting
procedures in Federal elections, through bipartisan
panels of election professionals assembled by the Of-
fice for such purpose.
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(9) Compile and make available to the public
the official certified results of general elections for
Federal office and reports comparing the rates of
voter registration, voter turnout, voting system func-
tions, and ballot errors among jurisdictions in the
United States.
(b) CONSULTATION WITH ADVISORY GROUP.—The
Election Administration Office shall carry out its duties
under this subtitle in consultation with the Election Ad-
ministration Commission Advisory Group established
under section 204.
Subtitle C—Grant Administration
Office
SEC. 221. ESTABLISHMENT.
There shall be established within the Commission an
office to be known as the ‘‘Grant Administration Office’’
(hereafter in this subtitle referred to as the ‘‘Office’’).
SEC. 222. GRANT PROGRAM.
(a) IN GENERAL.—The Office shall carry out a pro-
gram for making grants to eligible States and units of
local government and eligible manufacturers of voting
equipment in accordance with this subtitle.
(b) USE OF FUNDS.—
(1) STATE
AND
LOCAL
GOVERNMENTS.—A
State or unit of local government receiving funds
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under a grant under this subtitle shall use the funds
to improve or replace voting equipment or tech-
nology or to implement any of the best practices in
election administration developed by the Election
Administration Office under section 212(a)(4), ex-
cept that the State or unit of local government shall
use not less than 20 percent of the funds provided
to carry out projects to educate voters and train
election officials and poll workers.
(2) 
MANUFACTURERS
OF
VOTING
EQUIP-
MENT.—A manufacturer of voting equipment receiv-
ing funds under a grant under this subtitle shall use
the funds to carry out research and development of
improved and modernized voting equipment.
(c) SCHEDULE OF SOLICITATION OF PROPOSALS.—
Not later than 1 year after all members of the Commission
are appointed, and not less frequently than once each cal-
endar year thereafter, the Office shall solicit and review
applications for grants under the program under this sub-
title.
SEC. 223. ELIGIBILITY.
(a) IN GENERAL.—Subject to section 226, a State,
unit of local government, or manufacturer of voting equip-
ment is eligible to receive a grant under this subtitle if
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it submits to the Office (in such form and manner as the
Office may require) an application containing—
(1) information and assurances that the appli-
cant meets the criteria established by the Office
under section 224(b);
(2) information and assurances that the appli-
cant meets the requirements of section 225; and
(3) such other information and assurances as
the Office may require.
(b) DEADLINE FOR APPLICATION BY STATES.—A
State may not receive a grant under this subtitle during
a year unless it submits its application under subsection
(a) prior to the expiration of the 120-day period which
begins on the date the Office first solicits applications for
grants during the year under section 222(c).
(c) SPECIAL RULE FOR PARTICIPATION OF LOCAL
GOVERNMENTS.—A unit of local government may receive
a grant under this subtitle during a calendar year only
if the State in which the unit of local government is lo-
cated does not submit an application under subsection (a)
within the deadline specified under subsection (b) for the
year.
SEC. 224. PROGRAM GUIDELINES.
(a) ESTABLISHMENT OF GUIDELINES.—The Office
shall establish guidelines for the awarding of grants under
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this subtitle and for the use of the funds provided under
such grants.
(b) MINIMUM CRITERIA FOR ELIGIBILITY.—
(1) STATE
AND
LOCAL
GOVERNMENTS.—The
guidelines established by the Office under subsection
(a) shall require a State or unit of local government
to meet the following criteria to receive a grant
under this subtitle:
(A) The State or unit shall provide assur-
ances that it is in compliance with the applica-
ble requirements of the National Voter Reg-
istration Act of 1993, and that all registrants
who register with an appropriate State motor
vehicle authority or designated voter registra-
tion agency under such Act are entered on the
official list of eligible registered voters.
(B) If the State or unit carries out a pro-
gram for the removal of individuals from the of-
ficial list of eligible registered voters, the State
or unit shall provide assurances that the pro-
gram contains adequate safeguards to protect
against the removal of any individual who is le-
gally eligible to remain on the list.
(C) The State or unit shall provide assur-
ances that it is in compliance with the applica-
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ble requirements of the Voting Accessibility for
the Elderly and Handicapped Act and that vot-
ers with special needs are provided the oppor-
tunity for access and participation in elections
in each jurisdiction in a manner which protects
their privacy and independence in voting.
(D) The State or unit shall provide assur-
ances that absent uniformed services voters (as
defined in section 107(1) of the Uniformed and
Overseas Citizens Absentee Voting Act) and
overseas voters (as defined in section 107(5) of
such Act) in the jurisdiction are provided the
adequate opportunity to participate in elections.
(E) The State or unit shall meet such
other criteria as the Office may by regulation
require.
(2) 
MANUFACTURERS
OF
VOTING
EQUIP-
MENT.—The guidelines established by the Office
under subsection (a) shall require a manufacturer of
voting equipment to meet the following criteria to re-
ceive a grant under this subtitle:
(A) The manufacturer shall provide assur-
ances that the research and development funded
with the grant will take into account the need
to make voting equipment fully accessible for
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individuals with disabilities and blind individ-
uals.
(B) The manufacturer shall meet such other criteria
as the Office may by regulation require.
(c) PRIORITIES
IN ALLOCATION
OF STATE
AND
LOCAL GOVERNMENT FUNDS.—The criteria established
by the Office under subsection (a) shall include criteria
for the allocation of funds under this subtitle to eligible
States and units of local government which give priority
to jurisdictions with higher ballot error and ballot rejec-
tion rates and lower per capita income rates.
SEC. 225. OTHER REQUIREMENTS FOR RECIPIENTS.
(a) MATCHING.—
(1) IN GENERAL.—The amount of a grant pro-
vided to a State, unit of local government, or manu-
facturer of voting equipment under the program
under this subtitle shall be equal to the Federal
share of the total cost of the project or activity to
be funded with the grant.
(2) FEDERAL SHARE.—In paragraph (1), the
‘‘Federal share’’ means—
(A) 75 percent, in the case of a grant pro-
vided to a State or unit of local government; or
(B) 50 percent, in the case of a grant pro-
vided to a manufacturer or voting equipment.
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(b) AUDIT.—As a condition of receiving funds under
a grant under the program under this subtitle, a State
unit of local government, or manufacturer of voting equip-
ment shall agree that such funds shall be subject to audit
if a majority of the members of the Commission vote to
require an audit.
SEC. 226. APPROVAL BY MEMBERS OF COMMISSION RE-
QUIRED FOR GRANTS.
(a) RECOMMENDATION.—If the Office approves an
application of a State, unit of local government, or manu-
facturer of voting equipment for a grant under this sub-
title, the Office shall forward a recommendation to the
members of the Commission that the State, unit of local
government, or manufacturer receive the grant.
(b) APPROVAL.—A State, unit of local government,
or manufacturer of voting equipment shall receive a grant
under this subtitle if, after consulting with the Advisory
Group, the majority of the members of the Commission
vote to approve the recommendation of the Office.
SEC. 227. REPORTS.
Not later than 90 days after the end of each fiscal
year, the Commission shall submit a report to the Com-
mittee on House Administration of the House of Rep-
resentatives and the Committee on Rules and Administra-
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tion of the Senate on the activities carried out by the Of-
fice during the previous fiscal year.
SEC. 228. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants
under this subtitle—
(1) $150,000,000 for fiscal year 2002, of
which—
(A) $140,000,000 shall be used for grants
to State and local governments, and
(B) $10,000,000 shall be used for grants
to manufacturers of voting equipment; and
(2) such sums as may be necessary for fiscal
year 2003 and each succeeding fiscal year.
Subtitle D—Model Election Code
SEC. 231. DEVELOPMENT OF MODEL ELECTION CODE.
(a) IN GENERAL.—Not later than 2 years after the
appointment of its members, the Commission shall develop
a model election code.
(b) PROCESS.—The Commission shall—
(1) develop the model election code under this
subtitle through a collaborative effort;
(2) create a nonpartisan analysis of legal issues
affecting the administration of elections with the
goal of promoting the clarification and simplification
of election law; and
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(3) publish and provide the code to States to
serve as a set of comprehensive election laws which
may be used by States and units of local government
to revise their election laws and procedures.
(c) OTHER PROCEDURAL REQUIREMENTS.—In devel-
oping the model election code under this subtitle, the Com-
mission shall—
(1) undertake a complete review of existing
State election laws;
(2) solicit comment from the public; and
(3) consult with the Advisory Group.
SEC. 232. OPTIONS FOR METHOD OF DEVELOPMENT.
(a) IN GENERAL.—To carry out its responsibilities
under this subtitle, the Commission may—
(1) enter into a contract with an appropriate
entity with experience in drafting uniform State leg-
islation; or
(2) appoint a Model Election Code Task Force
pursuant to subsection (b) to prepare the model elec-
tion code and submit it to the Commission for its
approval.
(b) MODEL ELECTION CODE TASK FORCE.—
(1) IN GENERAL.—If the Commission chooses
the option described in subsection (a)(2), not later
than 60 days after the appointment of all of its
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members, the Commission shall appoint 8 individ-
uals to serve on a Model election Code Task Force
(hereafter in this section referred to as the ‘‘Task
Force’’).
(2) QUALIFICATIONS.—Members of the Task
Force shall be chosen from among individuals who
are scholars in the area of elections and election re-
form, state legislators with experience in overseeing
election law, and legal practitioners and judges with
expertise in the practice of election law.
(3) TREATMENT OF INDIVIDUALS SERVING ON
TASK FORCE.—
(A) NO COMPENSATION PROVIDED.—Indi-
viduals serving on the Task Force shall not re-
ceive any compensation for their service, but
shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while
away from their homes or regular places of
business in the performance of services for the
Task Force.
(B) DELEGATION OF POWERS OF COMMIS-
SION.—Individuals serving on the Task Force
shall not be considered to be employees of the
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Commission, but the Commission may delegate
any of its powers under section 206 to the Task
Force and its members.
TITLE III—LEAVE FOR FEDERAL
EMPLOYEES 
SERVING 
AS
VOLUNTEER POLL WORKERS
SEC. 301. ELECTION DAY LEAVE FOR FEDERAL EMPLOYEES
SERVING AS POLL WORKERS.
(a) IN GENERAL.—Subchapter II of chapter 63 of
title 5, United States Code, is amended by adding at the
end the following:
‘‘§ 6328. Absence in connection with serving as an un-
compensated poll worker
‘‘(a) An employee is entitled to leave without loss of
or reduction in pay, leave to which otherwise entitled,
credit for time or service, or performance or efficiency rat-
ing, in order to serve as an uncompensated poll worker
on the day of any general election for Federal office.
‘‘(b) For purposes of this section—
‘‘(1) the term ‘poll worker’ means any indi-
vidual who acts in a nonpartisan capacity as an em-
ployee or representative of a unit of local govern-
ment to aid in the administration of an election at
a polling place;
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‘‘(2) the term ‘Federal office’ shall have the
meaning given such term by section 301 of the Fed-
eral Election Campaign Act of 1971; and
‘‘(3) any determination as to whether or not an
individual has been ‘compensated’ for any particular
services shall be made disregarding any benefits that
are of only de minimis value (such as for meals or
travel).
‘‘(c) Nothing in this section shall be considered to au-
thorize an employee to engage in any conduct that is pro-
hibited by subchapter III of chapter 73 or any other provi-
sion of law.
‘‘(d) The Office of Personnel Management may pre-
scribe regulations for the administration of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 63 of title 5, United States Code, is amended
by inserting after the item relating to section 6327 the
following:
‘‘6328. Absence in connection with serving as an uncompensated poll worker.’’.
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TITLE IV—TRANSITION
PROVISIONS
Subtitle A—Transfer to election
Administration Commission of
Functions Under Certain Laws
SEC. 401. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELEC-
TION ADMINISTRATION OF FEDERAL ELECTION COMMIS-
SION.—There are transferred to the Election Administra-
tion Commission established under section 201 all func-
tions which the Office of the Election Administration, es-
tablished within the Federal Election Commission, exer-
cised before the date of enactment of this Act.
(b) CONFORMING AMENDMENT.—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.
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SEC. 402. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE
VOTING ACT.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Election Administration Commission estab-
lished under section 201 all functions which the Presi-
dential designee under title I of the Uniformed and Over-
seas Citizens Absentee Voting Act (42 U.S.C. 1973ff et
seq.) exercised before the date of enactment of this Act.
(b) CONFORMING 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. 403. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Election Administration Commission estab-
lished under section 201 all functions which the Federal
Election Commission exercised under the National Voter
Registration Act of 1993 before the date of enactment of
this Act.
(b) CONFORMING AMENDMENT.—Section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg–7(a)) is amended by striking ‘‘Federal Election
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Commission’’ and inserting ‘‘Election Administration
Commission’’.
SEC. 404. TRANSFER OF PROPERTY, RECORDS, AND PER-
SONNEL.
(a) PROPERTY AND RECORDS.—The contracts, liabil-
ities, records, property, and other assets and interests of,
or made available in connection with, the offices and func-
tions of the Federal Election Commission which are trans-
ferred by this subtitle are transferred to the Election Ad-
ministration Commission for appropriate allocation.
(b) PERSONNEL.—
(1) IN GENERAL.—The personnel employed in
connection with the offices and functions of the Fed-
eral Election Commission which are transferred by
this subtitle are transferred to the Election Adminis-
tration Commission.
(2) EFFECT.—Any full-time or part-time per-
sonnel employed in permanent positions shall not be
separated or reduced in grade or compensation be-
cause of the transfer under this subsection during
the 1-year period beginning on the date of the enact-
ment of this Act.
SEC. 405. EFFECTIVE DATE; TRANSITION.
(a) EFFECTIVE DATE.—This title and the amend-
ments made by this title shall take effect upon the ap-
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pointment of all members of the Election Administration
Commission under section 203(a).
(b) TRANSITION.—With the consent of the entity in-
volved, the Election Administration Commission is author-
ized to utilize the services of such officers, employees, and
other personnel of the entities from which functions have
been transferred to the Commission under this title or the
amendments made by this title for such period of time
as may reasonably be needed to facilitate the orderly
transfer of such functions.
Subtitle B—Coverage of Election
Administration 
Commission
Under Certain Laws and Pro-
grams
SEC. 411. TREATMENT OF COMMISSION PERSONNEL UNDER
CERTAIN CIVIL SERVICE LAWS.
(a) 
COVERAGE
UNDER
HATCH
ACT.—Section
7323(b)(2)(B)(i)(I) of title 5, United States Code, is
amended by inserting ‘‘or the Election Administration
Commission’’ after ‘‘Commission’’.
(b) EXCLUSION FROM SENIOR EXECUTIVE SERV-
ICE.—Section 3132(a)(1)(C) of title 5, United States
Code, is amended by inserting ‘‘or the Election Adminis-
tration Commission’’ after ‘‘Commission’’.
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SEC. 412. COVERAGE UNDER INSPECTOR GENERAL ACT OF
1978.
(a) IN GENERAL.—Section 8G(a)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by insert-
ing ‘‘, the Election Administration Commission,’’ after
‘‘Federal Election Commission,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 180 days after the appoint-
ment of all members of the Election Administration Com-
mission under section 203(a).
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. STATE DEFINED.
In this Act, the term ‘‘State’’ includes the District
of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, and the United States Virgin Islands.
SEC. 502. NO EFFECT ON OTHER LAWS.
(a) IN GENERAL.—Nothing in this Act and no action
taken pursuant to this Act shall supersede, restrict, or
limit the application of the Voting Rights Act of 1965,
the National Voter Registration Act of 1993, or the Amer-
icans with Disabilities Act of 1990.
(b) NO CONDUCT AUTHORIZED WHICH IS PROHIB-
ITED UNDER OTHER LAWS.—Nothing in this Act author-
izes or requires any conduct which is prohibited by the
Voting Rights Act of 1965, the National Voter Registra-
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tion Act of 1993, or the Americans with Disabilities Act
of 1990.
(c) APPLICATION TO STATES, LOCAL GOVERNMENTS,
AND COMMISSION.—Nothing in this Act may be construed
to affect the application of the Voting Rights Act of 1965,
the National Voter Registration Act of 1993, or the Amer-
icans with Disabilities Act of 1990 to any State, unit of
local government, or other person, or to grant to the Com-
mission the authority to carry out activities inconsistent
with such Acts.
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