In the Senate of the United States,
April 11, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 3295) entitled ‘‘An Act to establish a program to
provide funds to States to replace punch card voting systems,
to establish the Election Assistance Commission to assist in
the administration of Federal elections and to otherwise pro-
vide assistance with the administration of certain Federal
election laws and programs, to establish minimum election
administration standards for States and units of local govern-
ment with responsibility for the administration of Federal
elections, and for other purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Martin Luther King, Jr. Equal Protection of Voting
Rights Act of 2002’’.
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(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—UNIFORM AND NONDISCRIMINATORY ELECTION
TECHNOLOGY AND ADMINISTRATION REQUIREMENTS
Sec. 101. Voting systems standards.
Sec. 102. Provisional voting and voting information requirements.
Sec. 103. Computerized statewide voter registration list requirements and require-
ments for voters who register by mail.
Sec. 104. Enforcement by the Civil Rights Division of the Department of Justice.
Sec. 105. Minimum Standards.
TITLE II—GRANT PROGRAMS
Subtitle A—Uniform and Nondiscriminatory Election Technology and
Administration Requirements Grant Program
Sec. 201. Establishment of the Uniform and Nondiscriminatory Election Tech-
nology and Administration Requirements Grant Program.
Sec. 202. State plans.
Sec. 203. Application.
Sec. 204. Approval of applications.
Sec. 205. Authorized activities.
Sec. 206. Payments.
Sec. 207. Audits and examinations of States and localities.
Sec. 208. Reports to Congress and the Attorney General.
Sec. 209. Authorization of appropriations.
Sec. 210. Effective date.
Subtitle B—Federal Election Reform Incentive Grant Program
Sec. 211. Establishment of the Federal Election Reform Incentive Grant Program.
Sec. 212. Application.
Sec. 213. Approval of applications.
Sec. 214. Authorized activities.
Sec. 215. Payments; Federal share.
Sec. 216. Audits and examinations of States and localities.
Sec. 217. Reports to Congress and the Attorney General.
Sec. 218. Authorization of appropriations.
Sec. 219. Effective date.
Subtitle C—Federal Election Accessibility Grant Program
Sec. 221. Establishment of the Federal Election Accessibility Grant Program.
Sec. 222. Application.
Sec. 223. Approval of applications.
Sec. 224. Authorized activities.
Sec. 225. Payments; Federal share.
Sec. 226. Audits and examinations of States and localities.
Sec. 227. Reports to Congress and the Attorney General.
Sec. 228. Authorization of appropriations.
Sec. 229. Effective date.
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Subtitle D—National Student/Parent Mock Election
Sec. 231. National Student/Parent Mock Election.
Sec. 232. Authorization of appropriations.
TITLE III—ADMINISTRATION
Subtitle A—Election Administration Commission
Sec. 301. Establishment of the Election Administration Commission.
Sec. 302. Membership of the Commission.
Sec. 303. Duties of the Commission.
Sec. 304. Meetings of the Commission.
Sec. 305. Powers of the Commission.
Sec. 306. Commission personnel matters.
Sec. 307. Authorization of appropriations.
Subtitle B—Transition Provisions
Sec. 311. Equal Protection of Voting Rights Act of 2001.
Sec. 312. Federal Election Campaign Act of 1971.
Sec. 313. National Voter Registration Act of 1993.
Sec. 314. Transfer of property, records, and personnel.
Sec. 315. Coverage of Election Administration Commission under certain laws
and programs.
Sec. 316. Effective date; transition.
Subtitle C—Advisory Committee on Electronic Voting and the Electoral Process
Sec. 321. Establishment of Committee.
Sec. 322. Duties of the Committee.
Sec. 323. Powers of the Committee.
Sec. 324. Committee personnel matters.
Sec. 325. Termination of the Committee.
Sec. 326. Authorization of appropriations.
TITLE IV—UNIFORMED SERVICES ELECTION REFORM
Sec. 401. Standard for invalidation of ballots cast by absent uniformed services
voters in Federal elections.
Sec. 402. Maximization of access of recently separated uniformed services voters
to the polls.
Sec. 403. Prohibition of refusal of voter registration and absentee ballot applica-
tions on grounds of early submission.
Sec. 404. Distribution of Federal military voter laws to the States.
Sec. 405. Effective dates.
Sec. 406. Study and report on permanent registration of overseas voters; distribu-
tion of overseas voting information by a single State office; study
and report on expansion of single State office duties.
Sec. 407. Report on absentee ballots transmitted and received after general elec-
tions.
Sec. 408. Other requirements to promote participation of overseas and absent uni-
formed services voters.
Sec. 409. Study and report on the development of a standard oath for use with
overseas voting materials.
Sec. 410. Study and report on prohibiting notarization requirements.
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TITLE V—CRIMINAL PENALTIES; MISCELLANEOUS
Sec. 501. Review and report on adequacy of existing electoral fraud statutes and
penalties.
Sec. 502. Other criminal penalties.
Sec. 503. Use of social security numbers for voter registration and election ad-
ministration.
Sec. 504. Delivery of mail from overseas preceding Federal elections.
Sec. 505. State responsibility to guarantee military voting rights.
Sec. 506. Sense of the Senate regarding State and local input into changes made
to the electoral process.
Sec. 507. Study and report on free absentee ballot postage
Sec. 508. Help America vote college program
Sec. 509. Relationship to other laws.
Sec. 510. Voters with disabilities.
Sec. 511. Election day holiday study.
Ses. 512. Sense of the Senate on compliance with election technology and admin-
istration requirements.
Ses. 513. Broadcasting false election information.
Ses. 514. Sense of the Senate regarding changes made to the electoral process and
how such changes impact States.
TITLE I—UNIFORM AND NON-
DISCRIMINATORY 
ELECTION
TECHNOLOGY AND ADMINIS-
TRATION REQUIREMENTS
SEC. 101. VOTING SYSTEMS STANDARDS.
(a) REQUIREMENTS.—Each voting system used in an
election for Federal office shall meet the following require-
ments:
(1) IN GENERAL.—
(A) Except as provided in subparagraph
(B), the voting system (including any lever vot-
ing system, optical scanning voting system, or
direct recording electronic system) shall—
(i) permit the voter to verify the votes
selected by the voter on the ballot before the
ballot is cast and counted;
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(ii) provide the voter with the oppor-
tunity to change the ballot or correct any
error before the ballot is cast and counted
(including the opportunity to correct the
error through the issuance of a replacement
ballot if the voter was otherwise unable to
change the ballot or correct any error); and
(iii) if the voter selects votes for more
than 1 candidate for a single office, the vot-
ing system shall—
(I) notify the voter that the voter
has selected more than 1 candidate for
a single office on the ballot;
(II) notify the voter before the bal-
lot is cast and counted of the effect of
casting multiple votes for the office;
and
(III) provide the voter with the
opportunity to correct the ballot before
the ballot is cast and counted.
(B) A State or locality that uses a paper
ballot voting system, a punchcard voting system,
or a central count voting system (including
mail-in absentee ballots or mail-in ballots), may
meet the requirements of subparagraph (A) by—
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(i) establishing a voter education pro-
gram specific to that voting system that no-
tifies each voter of the effect of casting mul-
tiple votes for an office; and
(ii) providing the voter with instruc-
tions on how to correct the ballot before it
is cast and counted (including instructions
on how to correct the error through the
issuance of a replacement ballot if the voter
was otherwise unable to change the ballot or
correct any error).
(C) The voting system shall ensure that any
notification required under this paragraph pre-
serves the privacy of the voter and the confiden-
tiality of the ballot.
(2) AUDIT CAPACITY.—
(A) IN GENERAL.—The voting system shall
produce a record with an audit capacity for such
system.
(B) MANUAL AUDIT CAPACITY.—
(i) PERMANENT PAPER RECORD.—The
voting system shall produce a permanent
paper record with a manual audit capacity
for such system.
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(ii) CORRECTION
OF
ERRORS.—The
voting system shall provide the voter with
an opportunity to change the ballot or cor-
rect any error before the permanent paper
record is produced.
(iii) 
OFFICIAL
RECORD
FOR
RE-
COUNTS.—The 
printed 
record 
produced
under subparagraph (A) shall be available
as an official record for any recount con-
ducted with respect to any election for Fed-
eral office in which the system is used.
(3) ACCESSIBILITY FOR INDIVIDUALS WITH DIS-
ABILITIES.—The voting system shall—
(A) be accessible for individuals with dis-
abilities, including nonvisual accessibility for the
blind and visually impaired, in a manner that
provides the same opportunity for access and
participation (including privacy and independ-
ence) as for other voters;
(B) satisfy the requirement of subparagraph
(A) through the use of at least 1 direct recording
electronic voting system or other voting system
equipped for individuals with disabilities at each
polling place; and
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(C) meet the voting system standards for
disability access if purchased with funds made
available under title II on or after January 1,
2007.
(4) MULTILINGUAL VOTING MATERIALS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the voting system shall pro-
vide alternative language accessibility—
(i) with respect to a language other
than English in a State or jurisdiction if,
as determined by the Director of the Bureau
of the Census—
(I)(aa) at least 5 percent of the
total number of voting-age citizens who
reside in such State or jurisdiction
speak that language as their first lan-
guage and who are limited-English
proficient; or
(bb) there are at least 10,000 vot-
ing-age citizens who reside in that ju-
risdiction who speak that language as
their first language and who are lim-
ited-English proficient; and
(II) the illiteracy rate of the
group of citizens who speak that lan-
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guage is higher than the national illit-
eracy rate; or
(ii) with respect to a language other
than English that is spoken by Native
American or Alaskan native citizens in a
jurisdiction that contains all or any part of
an Indian reservation if, as determined by
the Director of the Bureau of the Census—
(I) at least 5 percent of the total
number of citizens on the reservation
are voting-age Native American or
Alaskan native citizens who speak that
language as their first language and
who are limited-English proficient;
and
(II) the illiteracy rate of the
group of citizens who speak that lan-
guage is higher than the national illit-
eracy rate.
(B) EXCEPTIONS.—
(i) If a State meets the criteria of item
(aa) of subparagraph (A)(i)(I) with respect
to a language, a jurisdiction of that State
shall not be required to provide alternative
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language accessibility under this paragraph
with respect to that language if—
(I) less than 5 percent of the total
number of voting-age citizens who re-
side in that jurisdiction speak that
language as their first language and
are limited-English proficient; and
(II) the jurisdiction does not meet
the criteria of item (bb) of such sub-
paragraph with respect to that lan-
guage.
(ii) A State or locality that uses a
lever voting system and that would be re-
quired to provide alternative language ac-
cessibility under the preceding provisions of
this paragraph with respect to an addi-
tional language that was not included in
the voting system of the State or locality be-
fore the date of enactment of this Act may
meet the requirements of this paragraph
with respect to such additional language by
providing alternative language accessibility
through the voting systems used to meet the
requirement of paragraph (3)(B) if—
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(I) it is not practicable to add the
alternative language to the lever voting
system or the addition of the language
would cause the voting system to be-
come more confusing or difficult to
read for other voters;
(II) the State or locality has filed
a request for a waiver with the Office
of Election Administration of the Fed-
eral Election Commission or, after the
transition date (as defined in section
316(a)(2)), with the Election Adminis-
tration Commission, that describes the
need for the waiver and how the voting
system under paragraph (3)(B) would
provide alternative language accessi-
bility; and
(III) the Office of Election Ad-
ministration or the Election Adminis-
tration Commission (as appropriate)
has approved the request filed under
subclause (II).
(5) ERROR RATES.—The error rate of the voting
system in counting ballots (determined by taking into
account only those errors which are attributable to the
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voting system and not attributable to an act of the
voter) shall not exceed the error rate standards estab-
lished under the voting systems standards issued and
maintained by the Director of the Office of Election
Administration of the Federal Election Commission
(as revised by the Director of such Office under sub-
section (c)).
(b) VOTING SYSTEM DEFINED.—In this section, the
term ‘‘voting system’’ means—
(1) 
the 
total 
combination 
of 
mechanical,
electromechanical, or electronic equipment (including
the software, firmware, and documentation required
to program, control, and support the equipment) that
is used—
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit
trail information;
(2) the practices and associated documentation
used—
(A) to identify system components and
versions of such components;
(B) to test the system during its develop-
ment and maintenance;
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(C) to maintain records of system errors
and defects;
(D) to determine specific system changes to
be made to a system after the initial qualifica-
tion of the system; and
(E) to make available any materials to the
voter (such as notices, instructions, forms, or
paper ballots).
(c) ADMINISTRATION BY THE OFFICE OF ELECTION
ADMINISTRATION.—
(1) IN GENERAL.—Not later than January 1,
2004, the Director of the Office of Election Adminis-
tration of the Federal Election Commission, in con-
sultation with the Architectural and Transportation
Barriers Compliance Board (as established under sec-
tion 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792)) and the Director of the National Institute of
Standards and Technology, shall promulgate stand-
ards revising the voting systems standards issued and
maintained by the Director of such Office so that such
standards meet the requirements established under
subsection (a).
(2) QUADRENNIAL REVIEW.—The Director of the
Office of Election Administration of the Federal Elec-
tion Commission, in consultation with the Architec-
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tural and Transportation Barriers Compliance Board
and the Director of the National Institute of Stand-
ards and Technology, shall review the voting systems
standards revised under paragraph (1) no less fre-
quently than once every 4 years.
(d) CONSTRUCTION.—Nothing in this section shall re-
quire a jurisdiction to change the voting system or systems
(including paper balloting systems, including in-person, ab-
sentee, and mail-in paper balloting systems, lever machine
systems, punchcard systems, optical scanning systems, and
direct recording electronic systems) used in an election in
order to be in compliance with this Act.
(e) EFFECTIVE DATE.—Each State and locality shall
be required to comply with the requirements of this section
on and after January 1, 2006.
SEC. 102. PROVISIONAL VOTING AND VOTING INFORMA-
TION REQUIREMENTS.
(a) REQUIREMENTS.—If an individual declares that
such individual is a registered voter in the jurisdiction in
which the individual desires to vote and that the individual
is eligible to vote in an election for Federal office, but the
name of the individual does not appear on the official list
of eligible voters for the polling place, or an election official
asserts that the individual is not eligible to vote, such indi-
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vidual shall be permitted to cast a provisional ballot as fol-
lows:
(1) An election official at the polling place shall
notify the individual that the individual may cast a
provisional ballot in that election.
(2) The individual shall be permitted to cast a
provisional ballot at that polling place upon the exe-
cution of a written affirmation by the individual be-
fore an election official at the polling place stating
that the individual is—
(A) a registered voter in the jurisdiction in
which the individual desires to vote; and
(B) eligible to vote in that election.
(3) An election official at the polling place shall
transmit the ballot cast by the individual or voter in-
formation contained in the written affirmation exe-
cuted by the individual under paragraph (2) to an
appropriate State or local election official for prompt
verification under paragraph (4).
(4) If the appropriate State or local election offi-
cial to whom the ballot or voter information is trans-
mitted under paragraph (3) determines that the indi-
vidual is eligible under State law to vote in the juris-
diction, the individual’s provisional ballot shall be
counted as a vote in that election.
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(5) At the time that an individual casts a provi-
sional ballot, the appropriate State or local election
official shall give the individual written information
that states that any individual who casts a provi-
sional ballot will be able to ascertain through a free
access system (such as a toll-free telephone number or
an Internet website) whether the vote was counted,
and, if the vote was not counted, the reason that the
vote was not counted.
(6) The appropriate State or local election offi-
cial shall establish a free access system (such as a toll-
free telephone number or an Internet website) that
any individual who casts a provisional ballot may
access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the
reason that the vote was not counted.
States described in section 4(b) of the National Voter Reg-
istration Act of 1993 (42 U.S.C. 1973gg–2(b)) may meet
the requirements of this subsection using voter registration
procedures established under applicable State law. The ap-
propriate State or local official shall establish and main-
tain reasonable procedures necessary to protect the security,
confidentiality, and integrity of personal information col-
lected, stored, or otherwise used by the free access system
established under paragraph (6)(B). Access to information
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about an individual provisional ballot shall be restricted
to the individual who cast the ballot.
(b) VOTING INFORMATION REQUIREMENTS.—
(1) PUBLIC POSTING ON ELECTION DAY.—The
appropriate State or local election official shall cause
voting information to be publicly posted at each poll-
ing place on the day of each election for Federal of-
fice.
(2) VOTING INFORMATION DEFINED.—In this sec-
tion, the term ‘‘voting information’’ means—
(A) a sample version of the ballot that will
be used for that election;
(B) information regarding the date of the
election and the hours during which polling
places will be open;
(C) instructions on how to vote, including
how to cast a vote and how to cast a provisional
ballot;
(D) instructions for mail-in registrants and
first-time voters under section 103(b); and
(E) general information on voting rights
under applicable Federal and State laws, includ-
ing information on the right of an individual to
cast a provisional ballot and instructions on how
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to contact the appropriate officials if these rights
are alleged to have been violated.
(c) VOTERS WHO VOTE AFTER THE POLLS CLOSE.—
Any individual who votes in an election for Federal office
for any reason, including a Federal or State court order,
after the time set for closing the polls by a State law in
effect 10 days before the date of that election may only vote
in that election by casting a provisional ballot under sub-
section (a).
(d) ADMINISTRATION
BY
THE CIVIL RIGHTS DIVI-
SION.—Not later than January 1, 2003, the Assistant Attor-
ney General in charge of the Civil Rights Division of the
Department of Justice shall promulgate such guidelines as
are necessary to implement the requirements of subsection
(a).
(e) EFFECTIVE DATE.—
(1) PROVISIONAL VOTING.—Each State and lo-
cality shall be required to comply with the require-
ments of subsection (a) on and after January 1, 2004.
(2) VOTING INFORMATION.—Each State and lo-
cality shall be required to comply with the require-
ments of subsection (b) on and after the date of enact-
ment of this Act.
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SEC. 103. COMPUTERIZED STATEWIDE VOTER REGISTRA-
TION LIST REQUIREMENTS AND REQUIRE-
MENTS FOR VOTERS WHO REGISTER BY MAIL.
(a) COMPUTERIZED STATEWIDE VOTER REGISTRA-
TION LIST REQUIREMENTS.—
(1) IMPLEMENTATION.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), each State, acting through the
chief State election official, shall implement an
interactive computerized statewide voter registra-
tion list that contains the name and registration
information of every legally registered voter in
the State and assigns a unique identifier to each
legally registered voter in the State (in this sub-
section referred to as the ‘‘computerized list’’).
(B) EXCEPTION.—The requirement under
subparagraph (A) shall not apply to a State in
which, under a State law in effect continuously
on and after the date of enactment of this Act,
there is no voter registration requirement for in-
dividuals in the State with respect to elections
for Federal office.
(2) ACCESS.—The computerized list shall be ac-
cessible to each State and local election official in the
State.
(3) COMPUTERIZED LIST MAINTENANCE.—
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(A) IN GENERAL.—The appropriate State
or local election official shall perform list main-
tenance with respect to the computerized list on
a regular basis as follows:
(i) If an individual is to be removed
from the computerized list, such individual
shall be removed in accordance with the
provisions of the National Voter Registra-
tion Act of 1993 (42 U.S.C. 1973gg et seq.),
including subsections (a)(4), (c)(2), (d), and
(e) of section 8 of such Act (42 U.S.C.
1973gg–6).
(ii) For purposes of removing names of
ineligible voters from the official list of eli-
gible voters—
(I) under section 8(a)(3)(B) of
such 
Act 
(42 
U.S.C. 
1973gg–
6(a)(3)(B)), the State shall coordinate
the computerized list with State agency
records on felony status; and
(II) by reason of the death of the
registrant under section 8(a)(4)(A) of
such 
Act 
(42 
U.S.C. 
1973gg–
6(a)(4)(A)), the State shall coordinate
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the computerized list with State agency
records on death.
(iii) Notwithstanding the preceding
provisions of this subparagraph, if a State
is described in section 4(b) of the National
Voter Registration Act of 1993 (42 U.S.C.
1973gg–2(b)), that State shall remove the
names of ineligible voters from the comput-
erized list in accordance with State law.
(B) CONDUCT.—The list maintenance per-
formed under subparagraph (A) shall be con-
ducted in a manner that ensures that—
(i) the name of each registered voter
appears in the computerized list;
(ii) only voters who are not registered
or who are not eligible to vote are removed
from the computerized list; and
(iii) duplicate names are eliminated
from the computerized list.
(4) TECHNOLOGICAL
SECURITY
OF
COMPUTER-
IZED LIST.—The appropriate State or local official
shall provide adequate technological security measures
to prevent the unauthorized access to the computerized
list established under this section.
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(5) INTERACTION
WITH
FEDERAL
INFORMA-
TION.—
(A) ACCESS TO FEDERAL INFORMATION.—
(i) 
IN
GENERAL.—Notwithstanding
any other provision of law, the Commis-
sioner of Social Security shall provide,
upon request from a State or locality main-
taining a computerized centralized list im-
plemented under paragraph (1), only such
information as is necessary to determine the
eligibility of an individual to vote in such
State or locality under the law of the State.
Any State or locality that receives informa-
tion under this clause may only share such
information with election officials.
(ii) 
PROCEDURE.—The 
information
under clause (i) shall be provided in such
place and such manner as the Commis-
sioner determines appropriate to protect
and prevent the misuse of information.
(B) APPLICABLE INFORMATION.—For pur-
poses of this subsection, the term ‘‘applicable in-
formation’’ 
means 
information 
regarding
whether—
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(i) the name and social security num-
ber of an individual provided to the Com-
missioner match the information contained
in the Commissioner’s records; and
(ii) such individual is shown on the
records of the Commissioner as being de-
ceased.
(C) EXCEPTION.—Subparagraph (A) shall
not apply to any request for a record of an indi-
vidual if the Commissioner determines there are
exceptional circumstances warranting an excep-
tion (such as safety of the individual or inter-
ference with an investigation).
(b) REQUIREMENTS FOR VOTERS WHO REGISTER BY
MAIL.—
(1) IN GENERAL.—Notwithstanding section 6(c)
of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg–4(c)) and subject to paragraph (3), a
State shall require an individual to meet the require-
ments of paragraph (2) if—
(A) the individual registered to vote in a ju-
risdiction by mail; and
(B)(i) the individual has not previously
voted in an election for Federal office in the
State; or
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(ii) the individual has not previously voted
in such an election in the jurisdiction and the
jurisdiction is located in a State that does not
have a computerized list that complies with the
requirements of section 103(a).
(2) REQUIREMENTS.—
(A) IN GENERAL.—An individual meets the
requirements 
of 
this 
paragraph 
if 
the
individual—
(i) in the case of an individual who
votes in person—
(I) presents to the appropriate
State or local election official a current
and valid photo identification; or
(II) presents to the appropriate
State or local election official a copy of
a current utility bill, bank statement,
Government check, paycheck, or other
Government document that shows the
name and address of the voter; or
(ii) in the case of an individual who
votes by mail, submits with the ballot—
(I) a copy of a current and valid
photo identification; or
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(II) a copy of a current utility
bill, bank statement, Government check,
paycheck, or other Government docu-
ment that shows the name and address
of the voter.
(B) FAIL-SAFE VOTING.—
(i) IN
PERSON.—An individual who
desires to vote in person, but who does not
meet the requirements of subparagraph
(A)(i), may cast a provisional ballot under
section 102(a).
(ii) BY MAIL.—An individual who de-
sires to vote by mail but who does not meet
the requirements of subparagraph (A)(ii)
may cast such a ballot by mail and the bal-
lot shall be counted as a provisional ballot
in accordance with section 102(a).
(3) INAPPLICABILITY.—Paragraph (1) shall not
apply in the case of a person—
(A) who registers to vote by mail under sec-
tion 6 of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg–4) and submits as part
of such registration either—
(i) a copy of a current valid photo
identification; or
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(ii) a copy of a current utility bill,
bank statement, Government check, pay-
check, or Government document that shows
the name and address of the voter;
(B)(i) who registers to vote by mail under
section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg–4) and submits with
such registration either—
(I) a driver’s license number; or
(II) at least the last 4 digits of the in-
dividual’s social security number; and
(ii) with respect to whom a State or local
election official certifies that the information
submitted under clause (i) matches an existing
State identification record bearing the same
number, name and date of birth as provided in
such registration; or
(C) who is—
(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1 et
seq.);
(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii)
of the Voting Accessibility for the Elderly
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and Handicapped Act (42 U.S.C. 1973ee–
1(b)(2)(B)(ii)); or
(iii) entitled to vote otherwise than in
person under any other Federal law.
(4) 
CONTENTS
OF
MAIL-IN
REGISTRATION
FORM.—The mail voter registration form developed
under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg–4) shall include:
(A) The question ‘‘Are you a citizen of the
United States of America?’’ and boxes for the
applicant to check to indicate whether the appli-
cant is or is not a citizen of the United States.
(B) The question ‘‘Will you be 18 years of
age on or before election day?’’ and boxes for the
applicant to check to indicate whether or not the
applicant will be 18 or older on election day.
(C) The statement ‘‘If you checked ‘no’ in
response to either of these questions, do not com-
plete this form’’.
(5) CONSTRUCTION.—Nothing in this subsection
shall be construed to require a State that was not re-
quired to comply with a provision of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg et
seq.) before the date of enactment of this Act to com-
ply with such a provision after such date.
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(c) ADMINISTRATION
BY
THE CIVIL RIGHTS DIVI-
SION.—Not later than October 1, 2003, the Assistant Attor-
ney General in charge of the Civil Rights Division of the
Department of Justice shall promulgate such guidelines as
are necessary to implement the requirements of subsection
(a).
(d) EFFECTIVE DATE.—
(1) COMPUTERIZED
STATEWIDE
VOTER
REG-
ISTRATION LIST REQUIREMENTS.—Each State and lo-
cality shall be required to comply with the require-
ments of subsection (a) on and after January 1, 2004.
(2) REQUIREMENT FOR VOTERS WHO REGISTER
BY MAIL.—
(A) IN GENERAL.—Each State and locality
shall be required to comply with the require-
ments of subsection (b) on and after January 1,
2004, and shall be prepared to receive registra-
tion materials submitted by individuals de-
scribed in subparagraph (B) on and after the
date described in such subparagraph.
(B) APPLICABILITY WITH RESPECT TO INDI-
VIDUALS.—The provisions of section (b) shall
apply to any individual who registers to vote on
or after January 1, 2003.
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SEC. 104. ENFORCEMENT BY THE CIVIL RIGHTS DIVISION
OF THE DEPARTMENT OF JUSTICE.
(a) IN GENERAL.—Subject to subsection (b), the Attor-
ney General, acting through the Assistant Attorney General
in charge of the Civil Rights Division of the Department
of Justice, may bring a civil action in an appropriate dis-
trict court for such declaratory or injunctive relief as may
be necessary to carry out this title.
(b) SAFE HARBOR.—
(1) IN GENERAL.—Except as provided in para-
graph (2), if a State or locality receives funds under
a grant program under subtitle A or B of title II for
the purpose of meeting a requirement under section
101, 102, or 103, such State or locality shall be
deemed to be in compliance with such requirement
until January 1, 2010, and no action may be brought
under this Act against such State or locality on the
basis that the State or locality is not in compliance
with such requirement before such date.
(2) EXCEPTION.—The safe harbor provision
under paragraph (1) shall not apply with respect to
the requirement described in section 101(a)(3).
(c) RELATION TO OTHER LAWS.—The remedies estab-
lished by this section are in addition to all other rights and
remedies provided by law.
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SEC. 105. MINIMUM STANDARDS.
The requirements established by this title are min-
imum requirements and nothing in this title shall be con-
strued to prevent a State from establishing election tech-
nology and administration requirements, that are more
strict than the requirements established under this title, so
long as such State requirements are not inconsistent with
the Federal requirements under this title or any law de-
scribed in section 509.
TITLE II—GRANT PROGRAMS
Subtitle 
A—Uniform 
and 
Non-
discriminatory 
Election 
Tech-
nology and Administration Re-
quirements Grant Program
SEC. 201. ESTABLISHMENT OF THE UNIFORM AND NON-
DISCRIMINATORY 
ELECTION 
TECHNOLOGY
AND 
ADMINISTRATION 
REQUIREMENTS
GRANT PROGRAM.
(a) IN GENERAL.—There is established a Uniform and
Nondiscriminatory Election Technology and Administra-
tion Requirements Grant Program under which the Attor-
ney General, subject to the general policies and criteria for
the approval of applications established under section 204
and in consultation with the Federal Election Commission
and the Architectural and Transportation Barriers Compli-
ance Board (as established under section 502 of the Reha-
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bilitation Act of 1973 (29 U.S.C. 792)), is authorized to
make grants to States and localities to pay the costs of the
activities described in section 205.
(b) ACTION THROUGH OFFICE OF JUSTICE PROGRAMS
AND CIVIL RIGHTS DIVISION.—In carrying out this sub-
title, the Attorney General shall act through the Assistant
Attorney General in charge of the Office of Justice Pro-
grams of the Department of Justice and the Assistant Attor-
ney General in charge of the Civil Rights Division of that
Department.
SEC. 202. STATE PLANS.
(a) IN GENERAL.—Each State that desires to receive
a grant under this subtitle shall develop a State plan, in
consultation with State and local election officials of that
State, that provides for each of the following:
(1) UNIFORM
AND
NONDISCRIMINATORY
ELEC-
TION
TECHNOLOGY
AND
ADMINISTRATION
REQUIRE-
MENTS.—A description of how the State will use the
funds made available under this subtitle to meet each
of the following requirements:
(A) The voting system standards under sec-
tion 101.
(B) The provisional voting requirements
under section 102.
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(C) The computerized statewide voter reg-
istration list requirements under section 103(a),
including a description of—
(i) how State and local election offi-
cials will ensure the accuracy of the list of
eligible voters in the State to ensure that
only registered voters appear in such list;
and
(ii) the precautions that the State will
take to prevent the removal of eligible voters
from the list.
(D) The requirements for voters who register
by mail under section 103(b), including the steps
that the State will take to ensure—
(i) the accuracy of mail-in and absen-
tee ballots; and
(ii) that the use of mail-in and absen-
tee ballots does not result in duplicate votes.
(2) IDENTIFICATION, DETERRENCE, AND INVES-
TIGATION OF VOTING FRAUD.—An assessment of the
susceptibility of elections for Federal office in the
State to voting fraud and a description of how the
State intends to identify, deter, and investigate such
fraud.
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(3) COMPLIANCE
WITH
EXISTING
FEDERAL
LAW.—Assurances that the State will comply with ex-
isting Federal laws, as such laws relate to the provi-
sions of this Act, including the following:
(A) The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.), including sections 4(f)(4)
and 203 of such Act (42 U.S.C. 1973b(f)(4) and
1973aa–1a).
(B) The Voting Accessibility for the Elderly
and Handicapped Act (42 U.S.C. 1973ee et seq.).
(C) The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.).
(D) The National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.).
(E) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(4) TIMETABLE.—A timetable for meeting the
elements of the State plan.
(b) AVAILABILITY OF STATE PLANS FOR REVIEW AND
COMMENT.—A State shall make the State plan developed
under subsection (a) available for public review and com-
ment before the submission of an application under section
203(a).
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SEC. 203. APPLICATION.
(a) IN GENERAL.—Each State or locality that desires
to receive a grant under this subtitle shall submit an appli-
cation to the Attorney General at such time and in such
manner as the Attorney General may require, and con-
taining the information required under subsection (b) and
such other information as the Attorney General may re-
quire.
(b) CONTENTS.—
(1) STATES.—Each application submitted by a
State shall contain the State plan developed under
section 202 and a description of how the State pro-
poses to use funds made available under this subtitle
to implement such State plan.
(2) LOCALITIES.—Each application submitted
by a locality shall contain a description of how the
locality proposes to use the funds made available
under this subtitle in a manner that is consistent
with the State plan developed under section 202.
(c) SAFE HARBOR.—No action may be brought under
this Act against a State or locality on the basis of any in-
formation contained in the application submitted under
subsection (a), including any information contained in the
State plan developed under section 202.
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SEC. 204. APPROVAL OF APPLICATIONS.
The Attorney General shall establish general policies
and criteria with respect to the approval of applications
submitted by States and localities under section 203(a) (in-
cluding a review of State plans developed under section
202), the awarding of grants under this subtitle, and the
use of assistance made available under this subtitle.
SEC. 205. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received
under this subtitle for any of the following purposes:
(1) To implement voting system standards that
meet the requirements of section 101.
(2) To provide for provisional voting that meets
the requirements of section 102(a) and to meet the
voting information requirements under section 102(b).
(3) To establish a computerized statewide voter
registration list that meets the requirements of section
103(a) and to meet the requirements for voters who
register by mail under section 103(b).
SEC. 206. PAYMENTS.
(a) PAYMENTS .—
(1) IN GENERAL.—Subject to paragraph (2), the
Attorney General shall pay to each State having an
application approved under section 203 the cost of the
activities described in that application.
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(2) INITIAL
PAYMENT
AMOUNT.—The Attorney
General shall pay to each State that submits an ap-
plication under section 203 an amount equal to 0.5
percent of the amount appropriated under section 209
for the fiscal year during which such application is
submitted to be used by such State for the activities
authorized under section 205.
(b) RETROACTIVE PAYMENTS.— The Attorney General
may make retroactive payments to States and localities
having an application approved under section 203 for any
costs for election technology or administration that meets
a requirement of section 101, 102, or 103 that were incurred
during the period beginning on January 1, 2001, and end-
ing on the date on which such application was approved
under such section. A State or locality that is engaged in
a multi-year contract entered into prior to January 1,
2001, is eligible to apply for a grant under section 203 for
payments made on or after January 1, 2001, pursuant to
that contract.
(c) PROTECTION AND ADVOCACY SYSTEMS.—
(1) IN GENERAL.—In addition to any other pay-
ments made under this section, the Attorney General
shall pay the protection and advocacy system (as de-
fined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C.
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15002)) of each State to ensure full participation in
the electoral process for individuals with disabilities,
including registering to vote, casting a vote and ac-
cessing polling places. In providing such services, pro-
tection and advocacy systems shall have the same gen-
eral authorities as they are afforded under part C of
the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(2) MINIMUM GRANT AMOUNT.—The minimum
amount of each grant to a protection and advocacy
system shall be determined and allocated as set forth
in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of sec-
tion 509 of the Rehabilitation Act of 1973 (29 U.S.C.
794e), except that the amount of the grants to systems
referred to in subsections (c)(3)(B) and (c)(4)(B) of
that section shall be not less than $70,000 and
$35,000, respectively.
SEC. 207. AUDITS AND EXAMINATIONS OF STATES AND LO-
CALITIES.
(a) RECORDKEEPING REQUIREMENT.—Each recipient
of a grant under this subtitle shall keep such records as the
Attorney General, in consultation with the Federal Election
Commission, shall prescribe.
(b) AUDITS AND EXAMINATIONS.—The Attorney Gen-
eral and the Comptroller General, or any authorized rep-
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resentative of the Attorney General or the Comptroller Gen-
eral, may audit or examine any recipient of a grant under
this subtitle and shall, for the purpose of conducting an
audit or examination, have access to any record of a recipi-
ent of a grant under this subtitle that the Attorney General
or the Comptroller General determines may be related to
the grant.
SEC. 208. REPORTS TO CONGRESS AND THE ATTORNEY
GENERAL.
(a) REPORTS TO CONGRESS.—
(1) IN GENERAL.—Not later than January 31,
2003, and each year thereafter, the Attorney General
shall submit to the President and Congress a report
on the grant program established under this subtitle
for the preceding year.
(2) CONTENTS.—Each report submitted under
paragraph (1) shall contain the following:
(A) A description and analysis of any ac-
tivities funded by a grant awarded under this
subtitle.
(B) Any recommendation for legislative or
administrative action that the Attorney General
considers appropriate.
(b) REPORTS TO THE ATTORNEY GENERAL.—The At-
torney General shall require each recipient of a grant under
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this subtitle to submit reports to the Attorney General at
such time, in such manner, and containing such informa-
tion as the Attorney General considers appropriate.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out the provisions of this subtitle the fol-
lowing amounts:
(1) For fiscal year 2003, $1,000,000,000.
(2) For fiscal year 2004, $1,300,000,000.
(3) For fiscal year 2005, $500,000,000.
(4) For fiscal year 2006, $200,000,000.
(5) For each subsequent fiscal year, such sums as
may be necessary.
(b) PROTECTION AND ADVOCACY SYSTEMS.—In addi-
tion to any other amounts authorized to be appropriated
under this section, there are authorized to be appropriated
$10,000,000 for each of the fiscal years 2003, 2004, 2005,
and 2006, and for each subsequent fiscal year such sums
as may be necessary, for the purpose of making payments
under section 206(c): Provided, That none of the funds pro-
vided by this subsection shall be used to commence any liti-
gation related to election-related disability access; notwith-
standing the general authorities of the protection and advo-
cacy systems are otherwise afforded under part C of the De-
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velopmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.).
(c) AVAILABILITY.—Any amounts appropriated pursu-
ant to the authority of this section shall remain available
until expended.
SEC. 210. EFFECTIVE DATE.
The Attorney General shall establish the general poli-
cies and criteria for the approval of applications under sec-
tion 204 in a manner that ensures that the Attorney Gen-
eral is able to approve applications not later than October
1, 2002.
Subtitle B—Federal Election
Reform Incentive Grant Program
SEC. 211. ESTABLISHMENT OF THE FEDERAL ELECTION RE-
FORM INCENTIVE GRANT PROGRAM.
(a) IN GENERAL.—There is established a Federal Elec-
tion Reform Incentive Grant Program under which the At-
torney General, subject to the general policies and criteria
for the approval of applications established under section
213(a) and in consultation with the Federal Election Com-
mission and the Architectural and Transportation Barriers
Compliance Board (as established under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792)), is authorized
to make grants to States and localities to pay the costs of
the activities described in section 214.
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(b) ACTION THROUGH OFFICE OF JUSTICE PROGRAMS
AND CIVIL RIGHTS DIVISION.—In carrying out this sub-
title, the Attorney General shall act through—
(1) the Assistant Attorney General in charge of
the Office of Justice Programs of the Department of
Justice; and
(2) the Assistant Attorney General in charge of
the Civil Rights Division of the Department of Justice
(in this subtitle referred to as the ‘‘Assistant Attorney
General for Civil Rights’’).
SEC. 212. APPLICATION.
(a) IN GENERAL.—Each State or locality that desires
to receive a grant under this subtitle shall submit an appli-
cation to the Attorney General at such time, in such man-
ner, and containing such information as the Attorney Gen-
eral shall require, consistent with the provisions of this sec-
tion.
(b) CONTENTS.—Each application submitted under
subsection (a) shall—
(1) describe the activities for which assistance
under this section is sought;
(2) contain a request for certification by the As-
sistant Attorney General for Civil Rights described in
subsection (c);
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(3) provide assurances that the State or locality
will pay the non-Federal share of the cost of the ac-
tivities for which assistance is sought from non-Fed-
eral sources; and
(4) provide such additional assurances as the At-
torney General determines to be essential to ensure
compliance with the requirements of this subtitle.
(c) REQUEST
FOR CERTIFICATION
BY
THE CIVIL
RIGHTS DIVISION.—
(1) COMPLIANCE WITH CURRENT FEDERAL ELEC-
TION LAW.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), each request for certification
described in subsection (b)(2) shall contain a
specific and detailed demonstration that the
State or locality is in compliance with each of
the following laws, as such laws relate to the pro-
visions of this Act:
(i) The Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.), including sections
4(f)(4) and 203 of such Act (42 U.S.C.
1973b(f)(4) and 1973aa–1a).
(ii) The Voting Accessibility for the El-
derly and Handicapped Act (42 U.S.C.
1973ee et seq.).
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(iii) The Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff
et seq.).
(iv) The National Voter Registration
Act of 1993 (42 U.S.C. 1973gg et seq.).
(v) The Americans with Disabilities
Act of 1990 (42 U.S.C. 1994 et seq.).
(vi) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(B) APPLICANTS
UNABLE
TO
MEET
RE-
QUIREMENTS.—Each State or locality that, at
the time it applies for a grant under this sub-
title, does not demonstrate that it meets each re-
quirement described in subparagraph (A), shall
submit to the Attorney General a detailed and
specific demonstration of how the State or local-
ity intends to use grant funds to meet each such
requirement.
(2) UNIFORM
AND
NONDISCRIMINATORY
RE-
QUIREMENTS FOR ELECTION TECHNOLOGY AND AD-
MINISTRATION.—In addition to the demonstration re-
quired under paragraph (1), each request for certifi-
cation described in subsection (b)(2) shall contain a
specific and detailed demonstration that the proposed
use of grant funds by the State or locality is not in-
HR 3295 EAS
consistent with the requirements under section 101,
102, or 103.
(d) SAFE HARBOR.—No action may be brought under
this Act against a State or locality on the basis of any in-
formation contained in the application submitted under
subsection (a), including any information contained in the
request for certification described in subsection (c).
SEC. 213. APPROVAL OF APPLICATIONS.
(a) IN GENERAL.—Subject to subsection (b), the Attor-
ney General shall establish general policies and criteria for
the approval of applications submitted under section
212(a).
(b) CERTIFICATION PROCEDURE.—
(1) IN GENERAL.—The Attorney General may
not approve an application of a State or locality sub-
mitted under section 212(a) unless the Attorney Gen-
eral has received a certification from the Assistant At-
torney General for Civil Rights under paragraph (4)
with respect to such State or locality.
(2) TRANSMITTAL OF REQUEST.—Upon receipt
of the request for certification submitted under section
212(b)(2), the Attorney General shall transmit such
request to the Assistant Attorney General for Civil
Rights.
(3) CERTIFICATION; NONCERTIFICATION.—
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(A) CERTIFICATION.—If the Assistant Attor-
ney General for Civil Rights finds that the re-
quest for certification demonstrates that—
(i) a State or locality meets the re-
quirements of subparagraph (A) of section
212(c)(1), or that a State or locality has
provided a detailed and specific demonstra-
tion of how it will use funds received under
this section to meet such requirements under
subparagraph (B) of such section; and
(ii) the proposed use of grant funds by
the State or locality meets the requirements
of section 212(c)(2),
the Assistant Attorney General for Civil Rights
shall certify that the State or locality is eligible
to receive a grant under this subtitle.
(B) NONCERTIFICATION.—If the Assistant
Attorney General for Civil Rights finds that the
request for certification does not demonstrate
that a State or locality meets the requirements
described in subparagraph (A), the Assistant At-
torney General for Civil Rights shall not certify
that the State or locality is eligible to receive a
grant under this subtitle.
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(4) TRANSMITTAL OF CERTIFICATION.—The As-
sistant Attorney General for Civil Rights shall trans-
mit to the Attorney General either—
(A) a certification under subparagraph (A)
of paragraph (3); or
(B) a notice of noncertification under sub-
paragraph (B) of such paragraph, together with
a report identifying the relevant deficiencies in
the State’s or locality’s system for voting or ad-
ministering elections for Federal office or in the
request for certification submitted by the State or
locality.
SEC. 214. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received
under this subtitle—
(1) to improve, acquire, lease, modify, or replace
voting systems and technology and to improve the ac-
cessibility of polling places, including providing phys-
ical access for individuals with disabilities, providing
nonvisual access for individuals with visual impair-
ments, and providing assistance to individuals with
limited proficiency in the English language;
(2) to implement new election administration
procedures to increase voter participation and to re-
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duce disenfranchisement, such as ‘‘same-day’’ voter
registration procedures;
(3) to educate voters concerning voting proce-
dures, voting rights or voting technology, and to train
election officials, poll workers, and election volunteers;
(4) to implement new election administration
procedures such as requiring individuals to present
identification at the polls and programs to identify,
to deter, and to investigate voting fraud and to refer
allegations of voting fraud to the appropriate author-
ity;
(5) to meet the requirements of current Federal
election law in accordance with the demonstration
submitted under section 212(c)(1)(B) of such section;
(6) to establish toll-free telephone hotlines that
voters may use to report possible voting fraud and
voting rights violations and general election informa-
tion; or
(7) to meet the requirements under section 101,
102, or 103.
SEC. 215. PAYMENTS; FEDERAL SHARE.
(a) PAYMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), the
Attorney General shall pay to each State or locality
having an application approved under section 213 the
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Federal share of the costs of the activities described in
that application.
(2) INITIAL
PAYMENT
AMOUNT.—The Attorney
General shall pay to each State that submits an ap-
plication under section 212 an amount equal to 0.5
percent of the amount appropriated under section 218
for the fiscal year in which such application is sub-
mitted to be used by such State for the activities au-
thorized under section 214.
(3) RETROACTIVE
PAYMENTS.—The Attorney
General may make retroactive payments to States
and localities having an application approved under
section 213 for the Federal share of any costs for elec-
tion technology or administration that meets the re-
quirements of sections 101, 102, and 103 that were
incurred during the period beginning on January 1,
2001, and ending on the date on which such applica-
tion was approved under such section.
(b) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the costs shall be a
percentage determined by the Attorney General that
does not exceed 80 percent.
(2) EXCEPTION.—The Attorney General may
provide for a Federal share of greater than 80 percent
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of the costs for a State or locality if the Attorney Gen-
eral determines that such greater percentage is nec-
essary due to the lack of resources of the State or lo-
cality.
SEC. 216. AUDITS AND EXAMINATIONS OF STATES AND LO-
CALITIES.
(a) RECORDKEEPING REQUIREMENT.—Each recipient
of a grant under this subtitle shall keep such records as the
Attorney General, in consultation with the Federal Election
Commission, shall prescribe.
(b) AUDITS AND EXAMINATIONS.—The Attorney Gen-
eral and the Comptroller General, or any authorized rep-
resentative of the Attorney General or the Comptroller Gen-
eral, may audit or examine any recipient of a grant under
this subtitle and shall, for the purpose of conducting an
audit or examination, have access to any record of a recipi-
ent of a grant under this subtitle that the Attorney General
or the Comptroller General determines may be related to
the grant.
(c) OTHER AUDITS.—If the Assistant Attorney Gen-
eral for Civil Rights has certified a State or locality as eli-
gible to receive a grant under this subtitle in order to meet
a 
certification 
requirement 
described 
in 
section
212(c)(1)(A) (as permitted under section 214(5)) and such
State or locality is a recipient of such a grant, such Assist-
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ant Attorney General, in consultation with the Federal
Election Commission shall—
(1) audit such recipient to ensure that the recipi-
ent has achieved, or is achieving, compliance with the
certification 
requirements 
described 
in 
section
212(c)(1)(A); and
(2) have access to any record of the recipient
that the Attorney General determines may be related
to such a grant for the purpose of conducting such an
audit.
SEC. 217. REPORTS TO CONGRESS AND THE ATTORNEY
GENERAL.
(a) REPORTS TO CONGRESS.—
(1) IN GENERAL.—Not later than January 31,
2003, and each year thereafter, the Attorney General
shall submit to the President and Congress a report
on the grant program established under this subtitle
for the preceding year.
(2) CONTENTS.—Each report submitted under
paragraph (1) shall contain the following:
(A) A description and analysis of any ac-
tivities funded by a grant awarded under this
subtitle.
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(B) Any recommendation for legislative or
administrative action that the Attorney General
considers appropriate.
(b) REPORTS TO THE ATTORNEY GENERAL.—The At-
torney General shall require each recipient of a grant under
this subtitle to submit reports to the Attorney General at
such time, in such manner, and containing such informa-
tion as the Attorney General considers appropriate.
SEC. 218. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $400,000,000 for fiscal year 2002 to carry out the
provisions of this subtitle.
(b) AVAILABILITY.—Any amounts appropriated pur-
suant to the authority of subsection (a) shall remain avail-
able without fiscal year limitation until expended.
SEC. 219. EFFECTIVE DATE.
The Attorney General shall establish the general poli-
cies and criteria for the approval of applications under sec-
tion 213(a) in a manner that ensures that the Attorney
General is able to approve applications not later than Octo-
ber 1, 2002.
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Subtitle C—Federal Election
Accessibility Grant Program
SEC. 221. ESTABLISHMENT OF THE FEDERAL ELECTION AC-
CESSIBILITY GRANT PROGRAM.
(a) IN GENERAL.—There is established a Federal Elec-
tion Accessibility Grant Program under which the Attorney
General, subject to the general policies and criteria for the
approval of applications established under section 223 by
the Architectural and Transportation Barriers Compliance
Board (as established under section 502 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 792)) (in this subtitle referred
to as the ‘‘Access Board’’), is authorized to make grants to
States and localities to pay the costs of the activities de-
scribed in section 224.
(b) ACTION THROUGH OFFICE OF JUSTICE PROGRAMS
AND CIVIL RIGHTS DIVISION.—In carrying out this sub-
title, the Attorney General shall act through—
(1) the Assistant Attorney General in charge of
the Office of Justice Programs of the Department of
Justice; and
(2) the Assistant Attorney General in charge of
the Civil Rights Division of that Department.
SEC. 222. APPLICATION.
(a) IN GENERAL.—Each State or locality that desires
to receive a grant under this subtitle shall submit an appli-
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cation to the Attorney General at such time, in such man-
ner, and containing such information as the Attorney Gen-
eral shall require, consistent with the provisions of this sec-
tion.
(b) CONTENTS.—Each application submitted under
subsection (a) shall—
(1) describe the activities for which assistance
under this section is sought;
(2) provide assurances that the State or locality
will pay the non-Federal share of the cost of the ac-
tivities for which assistance is sought from non-Fed-
eral sources; and
(3) provide such additional assurances as the At-
torney General determines to be essential to ensure
compliance with the requirements of this subtitle.
(c) RELATION TO FEDERAL ELECTION REFORM IN-
CENTIVE GRANT PROGRAM.—A State or locality that de-
sires to do so may submit an application under this section
as part of any application submitted under section 212(a).
(d) SAFE HARBOR.—No action may be brought under
this Act against a State or locality on the basis of any in-
formation contained in the application submitted under
subsection (a).
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SEC. 223. APPROVAL OF APPLICATIONS.
The Access Board shall establish general policies and
criteria for the approval of applications submitted under
section 222(a).
SEC. 224. AUTHORIZED ACTIVITIES.
A State or locality may use grant payments received
under this subtitle—
(1) to make polling places, including the path of
travel, entrances, exits, and voting areas of each poll-
ing facility, accessible to individuals with disabilities,
including the blind and visually impaired, in a man-
ner that provides the same opportunity for access and
participation (including privacy and independence)
as for other voters; and
(2) to provide individuals with disabilities and
the other individuals described in paragraph (1) with
information about the accessibility of polling places,
including outreach programs to inform the individ-
uals about the availability of accessible polling places
and to train election officials, poll workers, and elec-
tion volunteers on how best to promote the access and
participation of the individuals in elections for Fed-
eral office.
SEC. 225. PAYMENTS; FEDERAL SHARE.
(a) PAYMENTS.—
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(1) IN GENERAL.—Subject to paragraph (2), the
Attorney General shall pay to each State or locality
having an application approved under section 223 the
Federal share of the costs of the activities described in
that application.
(2) INITIAL
PAYMENT
AMOUNT.—The Attorney
General shall pay to each State that submits an ap-
plication under section 222 an amount equal to 0.5
percent of the amount appropriated under section 228
for the fiscal year in which such application is sub-
mitted to be used by such State for the activities au-
thorized under section 224.
(b) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the costs shall be a
percentage determined by the Attorney General that
does not exceed 80 percent.
(2) EXCEPTION.—The Attorney General may
provide for a Federal share of greater than 80 percent
of the costs for a State or locality if the Attorney Gen-
eral determines that such greater percentage is nec-
essary due to the lack of resources of the State or lo-
cality.
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SEC. 226. AUDITS AND EXAMINATIONS OF STATES AND LO-
CALITIES.
(a) RECORDKEEPING REQUIREMENT.—Each recipient
of a grant under this subtitle shall keep such records as the
Attorney General, in consultation with the Access Board,
shall prescribe.
(b) AUDITS AND EXAMINATIONS.—The Attorney Gen-
eral and the Comptroller General, or any authorized rep-
resentative of the Attorney General or the Comptroller Gen-
eral, may audit or examine any recipient of a grant under
this subtitle and shall, for the purpose of conducting an
audit or examination, have access to any record of a recipi-
ent of a grant under this subtitle that the Attorney General
or the Comptroller General determines may be related to
the grant.
SEC. 227. REPORTS TO CONGRESS AND THE ATTORNEY
GENERAL.
(a) REPORTS TO CONGRESS.—
(1) IN GENERAL.—Not later than January 31,
2003, and each year thereafter, the Attorney General
shall submit to the President and Congress a report
on the grant program established under this subtitle
for the preceding year.
(2) CONTENTS.—Each report submitted under
paragraph (1) shall contain the following:
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(A) A description and analysis of any ac-
tivities funded by a grant awarded under this
subtitle.
(B) Any recommendation for legislative or
administrative action that the Attorney General
considers appropriate.
(b) REPORTS TO THE ATTORNEY GENERAL.—The At-
torney General shall require each recipient of a grant under
this subtitle to submit reports to the Attorney General at
such time, in such manner, and containing such informa-
tion as the Attorney General considers appropriate.
SEC. 228. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $100,000,000 for fiscal year 2002 to carry out the
provisions of this subtitle.
(b) AVAILABILITY.—Any amounts appropriated pur-
suant to the authority of subsection (a) shall remain avail-
able without fiscal year limitation until expended.
SEC. 229. EFFECTIVE DATE.
The Access Board shall establish the general policies
and criteria for the approval of applications under section
223 in a manner that ensures that the Attorney General
is able to approve applications not later than October 1,
2002.
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Subtitle D—National Student/
Parent Mock Election
SEC. 231. NATIONAL STUDENT/PARENT MOCK ELECTION.
(a) IN GENERAL.—The Election Administration Com-
mission is authorized to award grants to the National Stu-
dent/Parent Mock Election, a national nonprofit, non-
partisan organization that works to promote voter partici-
pation in American elections to enable it to carry out voter
education activities for students and their parents. Such ac-
tivities may—
(1) include simulated national elections at least
5 days before the actual election that permit partici-
pation by students and parents from each of the 50
States in the United States, its territories, the Dis-
trict of Columbia, and United States schools overseas;
and
(2) consist of—
(A) school forums and local cable call-in
shows on the national issues to be voted upon in
an ‘‘issues forum’’;
(B) speeches and debates before students and
parents by local candidates or stand-ins for such
candidates;
(C) quiz team competitions, mock press con-
ferences, and speech writing competitions;
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(D) weekly meetings to follow the course of
the campaign; or
(E) school and neighborhood campaigns to
increase voter turnout, including newsletters,
posters, telephone chains, and transportation.
(b) REQUIREMENT.—The National Student/Parent
Mock Election shall present awards to outstanding student
and parent mock election projects.
SEC. 232. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
the provisions of this subtitle $650,000 for fiscal year 2002
and such sums as may be necessary for each of the 6 suc-
ceeding fiscal years.
TITLE III—ADMINISTRATION
Subtitle A—Election
Administration Commission
SEC. 301. ESTABLISHMENT OF THE ELECTION ADMINISTRA-
TION COMMISSION.
There is established the Election Administration Com-
mission (in this subtitle referred to as the ‘‘Commission’’)
as an independent establishment (as defined in section 104
of title 5, United States Code).
SEC. 302. MEMBERSHIP OF THE COMMISSION.
(a) NUMBER AND APPOINTMENT.—
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(1) COMPOSITION.—The Commission shall be
composed of 4 members appointed by the President,
by and with the advice and consent of the Senate.
(2) RECOMMENDATIONS.—Before the initial ap-
pointment of the members of the Commission and be-
fore the appointment of any individual to fill a va-
cancy on the Commission, the Majority Leader of the
Senate, the Speaker of the House of Representatives,
the Minority Leader of the Senate, and the Minority
Leader of the House of Representatives shall each sub-
mit to the President a candidate recommendation
with respect to each vacancy on the Commission af-
filiated with the political party of the officer involved.
(b) QUALIFICATIONS.—
(1) IN
GENERAL.—Each member appointed
under subsection (a) shall be appointed on the basis
of—
(A) knowledge of—
(i) and experience with, election law;
(ii) and experience with, election tech-
nology;
(iii) and experience with, Federal,
State, or local election administration;
(iv) the Constitution; or
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(v) the history of the United States;
and
(B) integrity, impartiality, and good judg-
ment.
(2) PARTY AFFILIATION.—Not more than 2 of the
4 members appointed under subsection (a) may be af-
filiated with the same political party.
(3) FEDERAL
OFFICERS
AND
EMPLOYEES.—
Members appointed under subsection (a) shall be indi-
viduals who, at the time appointed to the Commis-
sion, are not elected or appointed officers or employ-
ees of the Federal Government.
(4) OTHER ACTIVITIES.—No member appointed
to the Commission under subsection (a) may engage
in any other business, vocation, or employment while
serving as a member of the Commission and shall ter-
minate or liquidate such business, vocation, or em-
ployment not later than the date on which the Com-
mission first meets.
(c) DATE OF APPOINTMENT.—The appointments of the
members of the Commission shall be made not later than
the date that is 90 days after the date of enactment of this
Act.
(d) PERIOD OF APPOINTMENT; VACANCIES.—
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(1) PERIOD OF APPOINTMENT.—Members shall be
appointed for a term of 6 years, except that, of the
members first appointed, 2 of the members who are
not affiliated with the same political party shall be
appointed for a term of 4 years. Except as provided
in paragraph (2), a member may only serve 1 term.
(2) VACANCIES.—
(A) IN GENERAL.—A vacancy on the Com-
mission shall not affect its powers, but shall be
filled in the manner in which the original ap-
pointment was made. The appointment made to
fill the vacancy shall be subject to any conditions
which applied with respect to the original ap-
pointment.
(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
appointed to fill a vacancy on the Commission
occurring before the expiration of the term for
which the individual’s predecessor was appointed
shall be appointed for the unexpired term of the
member replaced. Such individual may be ap-
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pointed to a full term in addition to the unex-
pired term for which that individual is ap-
pointed.
(e) CHAIRPERSON; VICE CHAIRPERSON.—
(1) IN GENERAL.—The Commission shall elect a
chairperson and vice chairperson from among its
members for a term of 1 year.
(2) NUMBER OF TERMS.—A member of the Com-
mission may serve as the chairperson only twice dur-
ing the term of office to which such member is ap-
pointed.
(3) POLITICAL
AFFILIATION.—The chairperson
and vice chairperson may not be affiliated with the
same political party.
SEC. 303. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission—
(1) shall serve as a clearinghouse, gather infor-
mation, conduct studies, and issue reports concerning
issues relating to elections for Federal office;
(2) shall carry out the provisions of section 9 of
the National Voter Registration Act of 1993 (42
U.S.C. 1973gg–7);
(3) shall make available information regarding
the Federal election system to the public and media;
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(4) shall compile and make available to the pub-
lic the official certified results of elections for Federal
office and statistics regarding national voter registra-
tion and turnout;
(5) shall establish an Internet website to facili-
tate public access, public comment, and public par-
ticipation in the activities of the Commission, and
shall make all information on such website available
in print;
(6) shall conduct the study on election technology
and administration under subsection (b)(1) and sub-
mit the report under subsection (b)(2); and
(7) beginning on the transition date (as defined
in section 316(a)(2)), shall administer—
(A) the voting systems standards under sec-
tion 101;
(B) the provisional voting requirements
under section 102;
(C) the computerized statewide voter reg-
istration list requirements and requirements for
voters who register by mail under section 103;
(D) the Uniform and Nondiscriminatory
Election Technology and Administration Re-
quirements Grant Program under subtitle A of
title II;
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(E) the Federal Election Reform Incentive
Grant Program under subtitle C of title II; and
(F) the Federal Election Accessibility Grant
Program under subtitle B of title II.
(b) STUDIES
AND REPORTS
ON ELECTION TECH-
NOLOGY AND ADMINISTRATION.—
(1) STUDY OF FIRST TIME VOTERS WHO REG-
ISTER BY MAIL.—
(A) STUDY.—
(i) IN
GENERAL.—The Commission
shall conduct a study of the impact of sec-
tion 103(b) on voters who register by mail.
(ii) SPECIFIC ISSUES STUDIED.—The
study conducted under clause (i) shall
include—
(I) an examination of the impact
of section 103(b) on first time mail
registrant voters who vote in person,
including the impact of such section on
voter registration;
(II) an examination of the impact
of such section on the accuracy of voter
rolls, including preventing ineligible
names from being placed on voter rolls
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and ensuring that all eligible names
are placed on voter rolls; and
(III) an analysis of the impact of
such section on existing State prac-
tices, such as the use of signature
verification or attestation procedures to
verify the identity of voters in elections
for Federal office, and an analysis of
other changes that may be made to im-
prove the voter registration process,
such as verification or additional in-
formation on the registration card.
(B) REPORT.—Not later than 18 months
after the date on which section 103(b)(2)(A)
takes effect, the Commission shall submit a re-
port to the President and Congress on the study
conducted under subparagraph (A)(i) together
with such recommendations for administrative
and legislative action as the Commission deter-
mines is appropriate.
(2) STUDIES.—The Commission shall conduct
periodic studies of—
(A) methods of election technology and vot-
ing systems in elections for Federal office, in-
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cluding the over-vote and under-vote notification
capabilities of such technology and systems;
(B) ballot designs for elections for Federal
office;
(C) methods of ensuring the accessibility of
voting, registration, polling places, and voting
equipment to all voters, including blind and dis-
abled voters, and voters with limited proficiency
in the English language;
(D) nationwide statistics and methods of
identifying, deterring, and investigating voting
fraud in elections for Federal office;
(E) methods of voter intimidation;
(F) the recruitment and training of poll
workers;
(G) the feasibility and advisability of con-
ducting elections for Federal office on different
days, at different places, and during different
hours, including the advisability of establishing
a uniform poll closing time and establishing elec-
tion day as a Federal holiday;
(H) ways that the Federal Government can
best assist State and local authorities to improve
the administration of elections for Federal office
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and what levels of funding would be necessary to
provide such assistance;
(I)(i) the laws and procedures used by each
State that govern—
(I) recounts of ballots cast in elections
for Federal office;
(II) contests of determinations regard-
ing whether votes are counted in such elec-
tions; and
(III) standards that define what will
constitute a vote on each type of voting
equipment used in the State to conduct elec-
tions for Federal office;
(ii) the best practices (as identified by the
Commission) that are used by States with re-
spect to the recounts and contests described in
clause (i); and
(iii) whether or not there is a need for more
consistency among State recount and contest
procedures used with respect to elections for Fed-
eral office;
(J) such other matters as the Commission
determines are appropriate; and
(K) the technical feasibility of providing
voting materials in 8 or more languages for vot-
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ers who speak those languages and who are lim-
ited English proficient.
(3) REPORTS.—The Commission shall submit to
the President and Congress a report on each study
conducted under paragraph (2) together with such
recommendations for administrative and legislative
action as the Commission determines is appropriate.
SEC. 304. MEETINGS OF THE COMMISSION.
The Commission shall meet at the call of any member
of the Commission, but may not meet less often than month-
ly.
SEC. 305. POWERS OF THE COMMISSION.
(a) HEARINGS.—The Commission or, at its direction,
any subcommittee or member of the Commission, may, for
the purpose of carrying out this subtitle hold such hearings,
sit and act at such times and places, take such testimony,
receive such evidence, administer such oaths as the Commis-
sion or such subcommittee or member considers advisable.
(b) VOTING.—
(1) IN GENERAL.—Each action of the Commis-
sion shall be approved by a majority vote of the mem-
bers of the Commission and each member of the Com-
mission shall have 1 vote.
(2) SPECIAL RULES.—
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(A) UNIFORM
AND
NONDISCRIMINATORY
ELECTION
TECHNOLOGY
AND
ADMINISTRATION
REQUIREMENTS.—
(i) ADOPTION OR REVISION OF STAND-
ARDS
AND
GUIDELINES.—If standards or
guidelines have been promulgated under sec-
tion 101, 102, or 103 as of the transition
date (as defined in section 316(a)(2)), not
later than 30 days after the transition date,
the Commission shall—
(I) adopt such standards or guide-
lines by a majority vote of the members
of the Commission; or
(II) promulgate revisions to such
standards or guidelines and such revi-
sions shall take effect only upon the
approval of a majority of the members
of the Commission.
(ii) ESTABLISHMENT
OF
STANDARDS
AND GUIDELINES.—
(I) If standards or guidelines have
not been promulgated under section
101, 102, or 103 as of the transition
date (as defined in section 316(a)(2)),
the Commission shall promulgate such
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standards or guidelines not later than
the date described in subclause (II)
and such standards or guidelines shall
take effect only upon the approval of a
majority of the members of the Com-
mission.
(II) The date described this sub-
clause is the later of—
(aa) the date described in
section 
101(c)(1), 
102(c), 
or
103(c) (as applicable); or
(bb) the date that is 30 days
after the transition date (as de-
fined in section 316(a)(2)).
(B) GRANT PROGRAMS.—
(i) APPROVAL OR DENIAL.—The grants
shall be approved or denied under sections
204, 213, and 223 by a majority vote of the
members of the Commission not later than
the date that is 30 days after the date on
which the application is submitted to the
Commission under section 203, 212, or 222.
(ii) ADOPTION OR REVISION OF GEN-
ERAL POLICIES AND CRITERIA.—If general
policies and criteria for the approval of ap-
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plications have been established under sec-
tion 204, 213, or 223 as of the transition
date (as defined in section 316(a)(2)), not
later than 30 days after the transition date,
the Commission shall—
(I) adopt such general policies
and criteria by a majority vote of the
members of the Commission; or
(II) promulgate revisions to such
general policies and criteria and such
revisions shall take effect only upon the
approval of a majority of the members
of the Commission.
(iii) ESTABLISHMENT
OF
GENERAL
POLICIES AND CRITERIA.—
(I) If general policies and criteria
for the approval of applications have
been established under section 204,
213, or 223 as of the transition date
(as defined in section 316(a)(2)), the
Commission shall promulgate such gen-
eral policies and criteria not later than
the date described in subclause (II)
and such general policies and criteria
shall take effect only upon the approval
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of a majority of the members of the
Commission.
(II) The date described this sub-
clause is the later of—
(aa) the date described in
section 
101(c)(1), 
102(c), 
or
103(c) (as applicable); or
(bb) the date that is 30 days
after the transition date (as de-
fined in section 316(a)(2)).
(c) 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 subtitle. Upon request of
the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) 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.
SEC. 306. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of
the Commission shall be compensated at the annual rate
of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
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(b) STAFF.—
(1) APPOINTMENT
AND
TERMINATION.—Subject
to paragraph (2), the Commission may, without re-
gard to the provisions of title 5, United States Code,
governing appointments in the competitive service,
appoint and terminate an Executive Director, a Gen-
eral Counsel, and such other personnel as may be nec-
essary to enable the Commission to perform its duties.
(2) EXECUTIVE
DIRECTOR; 
GENERAL
COUN-
SEL.—
(A) APPOINTMENT AND TERMINATION.—The
appointment and termination of the Executive
Director and General Counsel under paragraph
(1) shall be approved by a majority of the mem-
bers of the Commission.
(B) INITIAL APPOINTMENT.—Beginning on
the transition date (as defined in section
316(a)(2)), the Director of the Office of Election
Administration of the Federal Election Commis-
sion shall serve as the Executive Director of the
Commission until such date as a successor is ap-
pointed under paragraph (1).
(C) TERM.—The term of the Executive Di-
rector and the General Counsel shall be for a pe-
riod of 6 years. An individual may not serve for
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more than 2 terms as the Executive Director or
the General Counsel. The appointment of an in-
dividual with respect to each term shall be ap-
proved by a majority of the members of the Com-
mission.
(D) CONTINUANCE
IN
OFFICE.—Notwith-
standing subparagraph (C), the Executive Direc-
tor and General Counsel shall continue in office
until a successor is appointed under paragraph
(1).
(3) COMPENSATION.—The Commission may fix
the compensation of the Executive Director, General
Counsel, and other personnel without regard to chap-
ter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of posi-
tions and General Schedule pay rates, except that the
rate of pay for the Executive Director, General Coun-
sel, and other personnel may not exceed the rate pay-
able for level V of the Executive Schedule under sec-
tion 5316 of such title.
(c) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed-
eral Government employee may be detailed to the Commis-
sion without reimbursement, and such detail shall be with-
out interruption or loss of civil service status or privilege.
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(d) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—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 sec-
tion 5316 of such title.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission such sums as may be necessary to carry out this
subtitle.
Subtitle B—Transition Provisions
SEC. 311. EQUAL PROTECTION OF VOTING RIGHTS ACT OF
2001.
(a) TRANSFER OF CERTAIN FUNCTIONS OF FEDERAL
ELECTION COMMISSION.—There are transferred to the Elec-
tion Administration Commission established under section
301 all functions of the Federal Election Commission under
section 101 and under subtitles A and B of title II before
the transition date (as defined in section 316(a)(2)).
(b) TRANSFER OF CERTAIN FUNCTIONS OF THE AT-
TORNEY GENERAL.—
(1) TITLE I FUNCTIONS.—There are transferred
to the Election Administration Commission estab-
lished under section 301 all functions of the Assistant
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Attorney General in charge of the Civil Rights Divi-
sion of the Department of Justice under sections 102
and 103 before the transition date (as defined in sec-
tion 316(a)(2)).
(2) GRANTMAKING FUNCTIONS.—
(A) IN GENERAL.—Except as provided in
paragraph (2), there are transferred to the Elec-
tion Administration Commission established
under section 301 all functions of the Attorney
General, the Assistant Attorney General in
charge of the Office of Justice Programs of the
Department of Justice, and the Assistant Attor-
ney General in charge of the Civil Rights Divi-
sion of the Department of Justice under subtitles
A, B, and C of title II before the transition date
(as defined in section 316(a)(2)).
(B) EXCEPTION.—The functions of the At-
torney General relating to the review of State
plans under section 204 and the certification re-
quirements under section 213 shall not be trans-
ferred under paragraph (1).
(3) ENFORCEMENT.—The Attorney General shall
remain responsible for any enforcement action re-
quired under this Act, including the enforcement of
the voting systems standards through the Assistant
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Attorney General in charge of the Civil Rights Divi-
sion of the Department of Justice under section 104
and the criminal penalties under section 502.
(c) TRANSFER OF CERTAIN FUNCTIONS OF THE AC-
CESS BOARD.—There are transferred to the Election Ad-
ministration Commission established under section 301 all
functions of the Architectural and Transportation Barriers
Compliance Board (as established under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792)) under section
101 and under subtitles A, B, and C of title II before the
transition date (as defined in section 316(a)(2)), except
that—
(1) the Architectural and Transportation Bar-
riers Compliance Board shall remain responsible
under section 223 for the general policies and criteria
for the approval of applications submitted under sec-
tion 222(a); and
(2) in revising the voting systems standards
under section 101(c)(2) the Commission shall consult
with the Architectural and Transportation Barriers
Compliance Board.
SEC. 312. FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELEC-
TION ADMINISTRATION.—There are transferred to the Elec-
tion Administration Commission established under section
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301 all functions of the Director of the Office of the Election
Administration of the Federal Election Commission before
the transition date (as defined in section 316(a)(2)).
(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.
SEC. 313. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) TRANSFER OF FUNCTIONS.—There are transferred
to the Election Administration Commission established
under section 301 all functions of the Federal Election Com-
mission under the National Voter Registration Act of 1993
before the transition date (as defined in section 316(a)(2)).
(b) CONFORMING AMENDMENT.—For purposes of sec-
tion 9(a) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg–7(a)), the reference to the Federal Elec-
tion Commission shall be deemed to be a reference to the
Election Administration Commission.
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SEC. 314. 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.—The personnel employed in connec-
tion with the offices and functions of the Federal Election
Commission which are transferred by this subtitle are
transferred to the Election Administration Commission.
SEC. 315. COVERAGE OF ELECTION ADMINISTRATION COM-
MISSION UNDER CERTAIN LAWS AND PRO-
GRAMS.
(a) TREATMENT OF COMMISSION PERSONNEL UNDER
CERTAIN CIVIL SERVICE LAWS.—
(1) COVERAGE
UNDER
HATCH
ACT.—Section
7323(b)(2)(B)(i)(I) of title 5, United States Code, is
amended by inserting ‘‘or the Election Administra-
tion Commission’’ after ‘‘Commission’’.
(2) EXCLUSION FROM SENIOR EXECUTIVE SERV-
ICE.—Section 3132(a)(1)(C) of title 5, United States
Code, is amended by inserting ‘‘or the Election Ad-
ministration Commission’’ after ‘‘Commission’’.
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(b) COVERAGE UNDER INSPECTOR GENERAL ACT OF
1978.—Section 8G(a)(2) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by inserting ‘‘, the Elec-
tion Administration Commission,’’ after ‘‘Federal Election
Commission,’’.
SEC. 316. EFFECTIVE DATE; TRANSITION.
(a) EFFECTIVE DATE.—
(1) IN GENERAL.—This subtitle and the amend-
ments made by this subtitle shall take effect on the
transition date (as defined in paragraph (2)).
(2) TRANSITION DATE DEFINED.—In this section,
the term ‘‘transition date’’ means the earlier of—
(A) the date that is 1 year after the date of
enactment of this Act; or
(B) the date that is 60 days after the first
date on which all of the members of the Election
Administration Commission have been appointed
under section 302.
(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
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may reasonably be needed to facilitate the orderly transfer
of such functions.
Subtitle C—Advisory Committee on
Electronic Voting and the Elec-
toral Process
SEC. 321. ESTABLISHMENT OF COMMITTEE.
(a) ESTABLISHMENT.—There is established the Advi-
sory Committee on Electronic Voting and the Electoral
Process (in this subtitle referred to as the ‘‘Committee’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Committee shall be com-
posed of 16 members as follows:
(A) 
FEDERAL
REPRESENTATIVES.—Four
representatives of the Federal Government, com-
prised of the Attorney General, the Secretary of
Defense, the Director of the Federal Bureau of
Investigation, and the Chairman of the Federal
Election Commission, or an individual des-
ignated by the respective representative.
(B) INTERNET
REPRESENTATIVES.—Four
representatives of the Internet and information
technology industries (at least 2 of whom shall
represent a company that is engaged in the pro-
vision of electronic voting services on the date on
which the representative is appointed, and at
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least 2 of whom shall possess special expertise in
Internet or communications systems security).
(C) 
STATE
AND
LOCAL
REPRESENTA-
TIVES.—Four representatives from State and
local governments (2 of whom shall be from
States that have made preliminary inquiries
into the use of the Internet in the electoral proc-
ess).
(D) PRIVATE SECTOR REPRESENTATIVES.—
Four representatives not affiliated with the Gov-
ernment (2 of whom shall have expertise in elec-
tion law, and 2 of whom shall have expertise in
political speech).
(2) APPOINTMENTS.—Appointments to the Com-
mittee shall be made not later than the date that is
30 days after the date of enactment of this Act and
such appointments shall be made in the following
manner:
(A) SENATE MAJORITY LEADER.—Two indi-
viduals shall be appointed by the Majority Lead-
er of the Senate, of whom 1 shall be an indi-
vidual described in paragraph (1)(B) and 1 shall
be an individual described in paragraph (1)(C).
(B) SENATE MINORITY LEADER.—Two indi-
viduals shall be appointed by the Minority Lead-
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er of the Senate, of whom 1 shall be an indi-
vidual described in paragraph (1)(B) and 1 shall
be an individual described in paragraph (1)(C).
(C) SPEAKER OF THE HOUSE.—Two indi-
viduals shall be appointed by the Speaker of the
House of Representatives, of whom 1 shall be an
individual described in paragraph (1)(B) and 1
shall be an individual described in paragraph
(1)(C).
(D) HOUSE MINORITY LEADER.—Two indi-
viduals shall be appointed by the Minority Lead-
er of the House of Representatives, of whom 1
shall be an individual described in paragraph
(1)(B) and 1 shall be an individual described in
paragraph (1)(C).
(E) SENATE MAJORITY AND HOUSE MINOR-
ITY
JOINTLY.—Two individuals described in
paragraph (1)(D) shall be appointed jointly by
the Majority Leader of the Senate and the Mi-
nority Leader of the House of Representatives.
(F) HOUSE MAJORITY AND SENATE MINOR-
ITY
JOINTLY.—Two individuals described in
paragraph (1)(D) shall be appointed jointly by
the Speaker of the House of Representatives and
the Minority Leader of the Senate.
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(3) DATE.—The appointments of the members of
the Committee shall be made not later than the date
that is 30 days after the date of enactment of this Act.
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members
shall be appointed for the life of the Committee. Any va-
cancy in the Committee shall not affect its powers, but shall
be filled in the same manner as the original appointment.
(d) INITIAL MEETING.—Not later than 30 days after
the date on which all of the members of the Committee have
been appointed, the Committee shall hold its first meeting.
(e) MEETINGS.—
(1) IN GENERAL.—The Committee shall meet at
the call of the Chairperson or upon the written re-
quest of a majority of the members of the Committee.
(2) NOTICE.—Not later than the date that is 14
days before the date of each meeting of the Committee,
the Chairperson shall cause notice thereof to be pub-
lished in the Federal Register.
(3) OPEN MEETINGS.—Each Committee meeting
shall be open to the public.
(f) QUORUM.—Eight members of the Committee shall
constitute a quorum, but a lesser number of members may
hold hearings.
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(g) CHAIRPERSON.—The Committee shall select a
Chairperson from among its members by a majority vote
of the members of the Committee.
(h) ADDITIONAL RULES.—The Committee may adopt
such other rules as the Committee determines to be appro-
priate by a majority vote of the members of the Committee.
SEC. 322. DUTIES OF THE COMMITTEE.
(a) STUDY.—
(1) IN GENERAL.—The Committee shall conduct
a thorough study of issues and challenges, specifically
to include the potential for election fraud, presented
by incorporating communications and Internet tech-
nologies in the Federal, State, and local electoral
process.
(2) ISSUES
TO
BE
STUDIED.—The Committee
may include in the study conducted under paragraph
(1) an examination of—
(A) the appropriate security measures re-
quired and minimum standards for certification
of systems or technologies in order to minimize
the potential for fraud in voting or in the reg-
istration of qualified citizens to register and
vote;
(B) the possible methods, such as Internet or
other communications technologies, that may be
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utilized in the electoral process, including the use
of those technologies to register voters and enable
citizens to vote online, and recommendations
concerning statutes and rules to be adopted in
order to implement an online or Internet system
in the electoral process;
(C) the impact that new communications or
Internet technology systems for use in the elec-
toral process could have on voter participation
rates, voter education, public accessibility, poten-
tial external influences during the elections proc-
ess, voter privacy and anonymity, and other
issues related to the conduct and administration
of elections;
(D) whether other aspects of the electoral
process, such as public availability of candidate
information and citizen communication with
candidates, could benefit from the increased use
of online or Internet technologies;
(E) the requirements for authorization of
collection, storage, and processing of electroni-
cally generated and transmitted digital messages
to permit any eligible person to register to vote
or vote in an election, including applying for
and casting an absentee ballot;
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(F) the implementation cost of an online or
Internet voting or voter registration system and
the costs of elections after implementation (in-
cluding a comparison of total cost savings for the
administration of the electoral process by using
Internet technologies or systems);
(G) identification of current and foreseeable
online and Internet technologies for use in the
registration of voters, for voting, or for the pur-
pose of reducing election fraud, currently avail-
able or in use by election authorities;
(H) the means by which to ensure and
achieve equity of access to online or Internet vot-
ing or voter registration systems and address the
fairness of such systems to all citizens; and
(I) the impact of technology on the speed,
timeliness, and accuracy of vote counts in Fed-
eral, State, and local elections.
(b) REPORT.—
(1) TRANSMISSION.—Not later than 20 months
after the date of enactment of this Act, the Committee
shall transmit to Congress and the Election Adminis-
tration Commission established under section 301, for
the consideration of such bodies, a report reflecting
the results of the study required by subsection (a), in-
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cluding such legislative recommendations or model
State laws as are required to address the findings of
the Committee.
(2) APPROVAL OF REPORT.—Any finding or rec-
ommendation included in the report shall be agreed
to by at least 2⁄3 of the members of the Committee
serving at the time the finding or recommendation is
made.
(3) INTERNET POSTING.—The Election Adminis-
tration Commission shall post the report transmitted
under paragraph (1) on the Internet website estab-
lished under section 303(a)(5).
SEC. 323. POWERS OF THE COMMITTEE.
(a) HEARINGS.—
(1) IN GENERAL.—The Committee may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the Com-
mittee considers advisable to carry out this subtitle.
(2) OPPORTUNITIES
TO
TESTIFY.—The Com-
mittee shall provide opportunities for representatives
of the general public, State and local government offi-
cials, and other groups to testify at hearings.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Committee may secure directly from any Federal depart-
ment or agency such information as the Committee con-
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siders necessary to carry out this subtitle. Upon request of
the Chairperson of the Committee, the head of such depart-
ment or agency shall furnish such information to the Com-
mittee.
(c) POSTAL SERVICES.—The Committee 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) GIFTS.—
(1) IN GENERAL.—The Committee may accept,
use, and dispose of gifts or donations of services or
property.
(2) UNUSED GIFTS.—Gifts or grants not used at
the expiration of the Committee shall be returned to
the donor or grantor.
SEC. 324. COMMITTEE PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of
the Committee shall serve without compensation.
(b) TRAVEL EXPENSES.—The members of the Com-
mittee 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 Committee.
(c) STAFF.—
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(1) IN GENERAL.—The Chairperson of the Com-
mittee 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 Committee to perform its
duties. The employment of an executive director shall
be subject to confirmation by the Committee.
(2) COMPENSATION.—The Chairperson of the
Committee may fix the compensation of the executive
director and other personnel without regard to chap-
ter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of posi-
tions and General Schedule pay rates, except that the
rate of pay for the executive director and other per-
sonnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such
title.
(3) PERSONNEL AS FEDERAL EMPLOYEES.—
(A) IN
GENERAL.—The executive director
and any personnel of the Committee who are em-
ployees shall be employees under section 2105 of
title 5, United States Code, for purposes of chap-
ters 63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
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(B) MEMBERS OF COMMITTEE.—Subpara-
graph (A) shall not be construed to apply to
members of the Committee.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed-
eral Government employee may be detailed to the Com-
mittee without reimbursement, and such detail shall be
without interruption or loss of civil service status or privi-
lege.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the Committee may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals 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. 325. TERMINATION OF THE COMMITTEE.
The Committee shall terminate 90 days after the date
on which the Committee transmits its report under section
322(b)(1).
SEC. 326. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this subtitle not less than $2,000,000
from the funds appropriated under section 307.
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(b) AVAILABILITY.—Any sums appropriated under the
authorization contained in this subtitle shall remain avail-
able, without fiscal year limitation, until expended.
TITLE IV—UNIFORMED
SERVICES ELECTION REFORM
SEC. 401. STANDARD FOR INVALIDATION OF BALLOTS CAST
BY ABSENT UNIFORMED SERVICES VOTERS IN
FEDERAL ELECTIONS.
(a) IN GENERAL.—Section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–
1), as amended by section 1606(a)(1) of the National De-
fense Authorization Act for Fiscal Year 2002 (Public Law
107–107; 115 Stat. 1278), is amended—
(1) by striking ‘‘Each State’’ and inserting ‘‘(a)
IN GENERAL.—Each State’’; and
(2) by adding at the end the following:
‘‘(b) STANDARDS FOR INVALIDATION OF CERTAIN BAL-
LOTS.—
‘‘(1) IN GENERAL.—A State may not refuse to
count a ballot submitted in an election for Federal of-
fice by an absent uniformed services voter—
‘‘(A) solely on the grounds that the ballot
lacked—
‘‘(i) a notarized witness signature;
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‘‘(ii) an address (other than on a Fed-
eral write-in absentee ballot, commonly
known as ‘SF186’);
‘‘(iii) a postmark if there are any other
indicia that the vote was cast in a timely
manner; or
‘‘(iv) an overseas postmark; or
‘‘(B) solely on the basis of a comparison of
signatures on ballots, envelopes, or registration
forms unless there is a lack of reasonable simi-
larity between the signatures.
‘‘(2) NO EFFECT ON FILING DEADLINES UNDER
STATE LAW.—Nothing in this subsection may be con-
strued to affect the application to ballots submitted by
absent uniformed services voters of any ballot submis-
sion deadline applicable under State law.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to ballots described in
section 102(b) of the Uniformed and Overseas Citizens Ab-
sentee Voting Act (as added by such subsection) that are
submitted with respect to elections that occur after the date
of enactment of this Act.
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SEC. 402. MAXIMIZATION OF ACCESS OF RECENTLY SEPA-
RATED UNIFORMED SERVICES VOTERS TO
THE POLLS.
(a) IN GENERAL.—Section 102(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff–1), as amended by section 401(a) of this Act and
section 1606(a)(1) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1278), is amended—
(1) in paragraph (3), by striking ‘‘and’’ after the
semicolon at the end;
(2) in paragraph (4), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following new para-
graphs:
‘‘(5) in addition to using the postcard form for
the purpose described in paragraph (4), accept and
process any otherwise valid voter registration appli-
cation submitted by a uniformed service voter for the
purpose of voting in an election for Federal office;
and
‘‘(6) permit each recently separated uniformed
services voter to vote in any election for which a voter
registration application has been accepted and proc-
essed under this section if that voter—
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‘‘(A) has registered to vote under this sec-
tion; and
‘‘(B) is eligible to vote in that election
under State law.’’.
(b) DEFINITIONS.—Section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–
6) is amended—
(1) by redesignating paragraphs (7) and (8) as
paragraphs (9) and (10), respectively;
(2) by inserting after paragraph (6) the fol-
lowing new paragraph:
‘‘(7) The term ‘recently separated uniformed
services voter’ means any individual who was a uni-
formed services voter on the date that is 60 days be-
fore the date on which the individual seeks to vote
and who—
‘‘(A) presents to the election official Depart-
ment of Defense form 214 evidencing their
former status as such a voter, or any other offi-
cial proof of such status;
‘‘(B) is no longer such a voter; and
‘‘(C) is otherwise qualified to vote in that
election.’’;
(3) by redesignating paragraph (10) (as redesig-
nated by paragraph (1)) as paragraph (11); and
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(4) by inserting after paragraph (9) the fol-
lowing new paragraph:
‘‘(10) The term ‘uniformed services voter’
means—
‘‘(A) a member of a uniformed service in
active service;
‘‘(B) a member of the merchant marine;
and
‘‘(C) a spouse or dependent of a member re-
ferred to in subparagraph (A) or (B) who is
qualified to vote.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to elections for Federal of-
fice that occur after the date of enactment of this Act.
SEC. 403. PROHIBITION OF REFUSAL OF VOTER REGISTRA-
TION AND ABSENTEE BALLOT APPLICATIONS
ON GROUNDS OF EARLY SUBMISSION.
(a) IN GENERAL.—Section 104 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–
3), as amended by section 1606(b) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–
107; 115 Stat. 1279), is amended by adding at the end the
following new subsection:
‘‘(e) PROHIBITION OF REFUSAL OF APPLICATIONS ON
GROUNDS OF EARLY SUBMISSION.—A State may not refuse
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to accept or process, with respect to any election for Federal
office, any otherwise valid voter registration application or
absentee ballot application (including the postcard form
prescribed under section 101) submitted by an absent uni-
formed services voter during a year on the grounds that the
voter submitted the application before the first date on
which the State otherwise accepts or processes such applica-
tions for that year submitted by absentee voters who are
not members of the uniformed services.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to elections for Federal
office that occur after the date of enactment of this Act.
SEC. 404. DISTRIBUTION OF FEDERAL MILITARY VOTER
LAWS TO THE STATES.
Not later than the date that is 60 days after the date
of enactment of this Act, the Secretary of Defense (in this
section referred to as the ‘‘Secretary’’), as part of any voting
assistance program conducted by the Secretary, shall dis-
tribute to each State (as defined in section 107 of the Uni-
formed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff–6) enough copies of the Federal military vot-
ing laws (as identified by the Secretary) so that the State
is able to distribute a copy of such laws to each jurisdiction
of the State.