IIB
107TH CONGRESS
1ST SESSION
H. R. 3295
IN THE SENATE OF THE UNITED STATES
DECEMBER 12, 2001
Received; read twice and referred to the Committee on Rules and
Administration
AN ACT
To establish a program to provide funds to States to replace
punch card voting systems, to establish the Election As-
sistance Commission to assist in the administration of
Federal elections and to otherwise provide assistance
with the administration of certain Federal election laws
and programs, to establish minimum election administra-
tion standards for States and units of local government
with responsibility for the administration of Federal elec-
tions, and for other purposes.
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Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of boards; no compensation for service.
Sec. 216. Status of boards and members for purposes of claims against board.
Subtitle B—Voluntary Election Standards
Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.
Subtitle C—Election Assistance
PART 1—ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM
IMPROVEMENTS
Sec. 231. Election fund payments to States for voting system improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
Sec. 235. Reports.
PART 2—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.
PART 3—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY
Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.
PART 4—MISCELLANEOUS
Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.
TITLE III—HELP AMERICA VOTE COLLEGE PROGRAM
Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.
TITLE IV—HELP AMERICA VOTE FOUNDATION
Sec. 401. Help America Vote Foundation.
TITLE V—MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.
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TITLE VI—VOTING RIGHTS OF MILITARY MEMBERS AND
OVERSEAS CITIZENS
Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on registra-
tion and absentee ballots for all voters in State.
Sec. 603. Report on absentee ballots transmitted and received after general
elections.
Sec. 604. Simplification of voter registration and absentee ballot application
procedures for absent uniformed services and overseas voters.
Sec. 605. Additional duties of Presidential designee under Uniformed and Over-
seas Citizens Absentee Voting Act.
Sec. 606. Use of buildings on military installations and reserve component fa-
cilities as polling places.
TITLE VII—TRANSITION PROVISIONS
Subtitle A—Transfer to Commission of Functions Under Certain Laws
Sec. 701. Federal Election Campaign Act of 1971.
Sec. 702. National Voter Registration Act of 1993.
Sec. 703. Transfer of property, records, and personnel.
Sec. 704. Effective date; transition.
Subtitle B—Coverage of Commission Under Certain Laws and Programs
Sec. 711. Treatment of Commission personnel under certain civil service laws.
Sec. 712. Coverage under Inspector General Act of 1978.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. State defined.
Sec. 802. Miscellaneous provisions to protect integrity of election process.
Sec. 803. No effect on other laws.
TITLE I—PUNCH CARD VOTING
MACHINES
Subtitle A—Replacement of
Machines
SEC. 101. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Administrator of
General Services (hereafter in this title referred to as the
‘‘Administrator’’) shall establish a program under which
the Administrator shall make a one-time payment to each
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eligible State or unit of local government which used a
punch card voting system to administer the regularly
scheduled general election for Federal office held in No-
vember 2000.
(b) USE OF FUNDS.—A State or unit of local govern-
ment shall use the funds provided under a payment under
this subtitle (either directly or as reimbursement) to re-
place its punch card voting system with a voting system
which does not use punch cards (by purchase, lease, or
such other arrangement as may be appropriate).
(c) DEADLINE.—
(1) IN GENERAL.—A State or unit of local gov-
ernment receiving a payment under the program
under this subtitle shall—
(A) obligate the funds provided for the
uses described in subsection (b) not later than
the date of the regularly scheduled general elec-
tion for Federal office to be held in November
2002; and
(B) ensure that all of the punch card vot-
ing systems under its jurisdiction have been re-
placed in time for the regularly scheduled gen-
eral election for Federal office to be held in No-
vember 2004.
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(2) WAIVER.—If a State or unit of local govern-
ment provides the Election Assistance Commission
(established under section 201) (not later than the
date of the regularly scheduled general election for
Federal office to be held in November 2002) with a
notice that the State or unit will not meet the dead-
lines described in paragraph (1) and includes in the
notice the reasons for the failure to meet such dead-
lines, and the Commission finds that there is good
cause for the failure to meet such deadlines, para-
graph (1) shall apply to the State or unit as if—
(A) the reference in paragraph (1)(A) to
‘‘November 2002’’ were a reference to ‘‘Novem-
ber 2004’’; and
(B) the reference in paragraph (1)(B) to
‘‘November 2004’’ were a reference to ‘‘Novem-
ber 2006’’.
SEC. 102. ELIGIBILITY.
(a) STATES.—A State is eligible to receive a payment
under the program under this subtitle if it submits to the
Administrator an application not later than 120 days after
the date of the enactment of this Act (in such form as
the Administrator may require) which contains—
(1) assurances that the State will use the pay-
ment (either directly or as reimbursement) to re-
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place punch card voting systems in jurisdictions
within the State which used such systems to carry
out the general Federal election held in November
2000;
(2) assurances that in replacing punch card vot-
ing systems the State will continue to meets its du-
ties under the Voting Accessibility for the Elderly
and Handicapped Act (42 U.S.C. 1973ee et seq.)
and the Americans With Disabilities Act, and will
consider the use of new technology by individuals
with disabilities (including blindness);
(3) assurances that in replacing punch card vot-
ing systems the State will provide for alternative
language accessibility for individuals with limited
English proficiency, consistent with the requirements
of the Voting Rights Act of 1965 and any other ap-
plicable provisions of law; and
(4) such other information and assurances as
the Administrator may require which are necessary
for the administration of the program.
(b) UNIT OF LOCAL GOVERNMENT.—A unit of local
government is eligible to receive a payment under the pro-
gram 
under 
this 
subtitle 
if 
it 
submits 
to 
the
Administrator—
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(1) not later than the date of the regularly
scheduled general election for Federal office to be
held in November 2002, a statement of its intent to
participate in the program, including assurances
that the State in which the unit is located—
(A) failed to submit an application under
subsection (a) within the deadline specified
under such subsection,
(B) is otherwise not eligible to receive a
payment under the program, or
(C) will not use the payment to replace
punch card voting systems in the unit; and
(2) an application (at such time and in such
form as the Administrator may require) which con-
tains similar assurances to those required to be pro-
vided by a State in its application under subsection
(a).
SEC. 103. AMOUNT OF PAYMENT.
(a) IN GENERAL.—The amount of payment made to
a State or unit of local government under the program
under this subtitle shall be equal to the applicable per pre-
cinct matching rate of the cost to the State or unit (as
the case may be) of replacing the punch card voting sys-
tems used in each precinct in the State or unit (as the
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case may be), except that in no case may the amount of
the payment exceed the product of—
(1) the number of voting precincts administered
by the State or unit which used a punch card voting
system to carry out the general Federal election held
in November 2000; and
(2) $6,000.
(b) APPLICABLE PER PRECINCT MATCHING RATE
DEFINED.—In subsection (a), the ‘‘applicable per precinct
matching rate’’ is—
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose
average per capita income is within the lowest quar-
tile of average per capita incomes for all precincts in
the United States (as determined by the 2000 decen-
nial census).
SEC. 104. AUDIT AND REPAYMENT OF FUNDS.
(a) AUDIT.—Funds provided under the program
under this subtitle shall be subject to audit by the Admin-
istrator.
(b) REPAYMENT
FOR FAILURE TO MEET DEAD-
LINES.—If a State or unit of local government (as the case
may be) receiving funds under the program under this
subtitle fails to meet the deadlines applicable to the State
or unit under section 101(c), the State or unit shall pay
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to the Administrator an amount equal to the amount of
the funds provided to the State or unit under the program.
SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this subtitle, a ‘‘punch card voting
system’’ means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
Subtitle B—Enhancing
Performance of Existing Systems
SEC. 111. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Administrator shall
establish a program under which the Administrator shall
make a one-time payment to each eligible State or unit
of local government which used a punch card voting sys-
tem to administer the regularly scheduled general election
for Federal office held in November 2000.
(b) USE OF FUNDS.—A State or unit of local govern-
ment shall use the funds provided under a payment under
this subtitle (either directly or as reimbursement) to make
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technical enhancements to the performance of its punch
card voting system (by any arrangement as may be appro-
priate).
(c) DEADLINE.—
(1) IN GENERAL.—A State or unit of local gov-
ernment receiving a payment under the program
under this subtitle shall—
(A) obligate the funds provided for the
uses described in subsection (b) not later than
the date of the regularly scheduled general elec-
tion for Federal office to be held in November
2002; and
(B) ensure that technical enhancements
have been made to the performance of all of the
punch card voting systems under its jurisdiction
in time for the regularly scheduled general elec-
tion for Federal office to be held in November
2004.
(2) WAIVER.—If a State or unit of local govern-
ment provides the Election Assistance Commission
(established under section 201) (not later than the
date of the regularly scheduled general election for
Federal office to be held in November 2002) with a
notice that the State or unit will not meet the dead-
lines described in paragraph (1) and includes in the
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notice the reasons for the failure to meet such dead-
lines, and the Commission finds that there is good
cause for the failure to meet such deadlines, para-
graph (1) shall apply to the State or unit as if—
(A) the reference in paragraph (1)(A) to
‘‘November 2002’’ were a reference to ‘‘Novem-
ber 2004’’; and
(B) the reference in paragraph (1)(B) to
‘‘November 2004’’ were a reference to ‘‘Novem-
ber 2006’’.
SEC. 112. ELIGIBILITY.
(a) STATES.—Subject to subsection (c), a State is eli-
gible to receive a payment under the program under this
subtitle if it submits to the Administrator an application
not later than 120 days after the date of the enactment
of this Act (in such form as the Administrator may re-
quire) which contains—
(1) assurances that the State will use the pay-
ment (either directly or as reimbursement) to make
technical enhancements to the performance of punch
card voting systems in jurisdictions within the State
which used such systems to carry out the general
Federal election held in November 2000;
(2) assurances that in enhancing the perform-
ance of such voting systems the State will continue
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to meets its duties under the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee
et seq.) and the Americans With Disabilities Act;
and
(3) such other information and assurances as
the Administrator may require which are necessary
for the administration of the program.
(b) UNITS
OF LOCAL GOVERNMENT.—Subject to
subsection (c), a unit of local government is eligible to re-
ceive a payment under the program under this subtitle if
it submits to the Administrator—
(1) not later than the date of the regularly
scheduled general election for Federal office to be
held in November 2002, a statement of its intent to
participate in the program, including assurances
that the State in which the unit is located—
(A) failed to submit an application under
subsection (a) within the deadline specified
under such subsection,
(B) is otherwise not eligible to receive a
payment under the program, or
(C) will not use the payment to enhance
the performance of punch card voting systems
in the unit; and
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(2) an application (at such time and in such
form as the Administrator may require) which con-
tains similar assurances to those required to be pro-
vided by a State in its application under subsection
(a).
(c) PROHIBITING PARTICIPATION IN PUNCH CARD
REPLACEMENT PROGRAM.—A State or unit of local gov-
ernment is not eligible to receive a payment under the pro-
gram under this subtitle if the State or unit receives a
payment under the program under subtitle A.
SEC. 113. AMOUNT OF PAYMENT.
(a) IN GENERAL.—The amount of payment made to
a State or unit of local government under the program
under this subtitle shall be equal to the applicable per pre-
cinct matching rate of the cost to the State or unit (as
the case may be) of the activities to be funded with the
payment under the program in each precinct in the State
or unit (as the case may be), except that in no case may
the amount of the payment exceed the product of—
(1) the number of voting precincts administered
by the State or unit which used a punch card voting
system to carry out the general Federal election held
in November 2000; and
(2) $2,000.
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(b) APPLICABLE PER PRECINCT MATCHING RATE
DEFINED.—In subsection (a), the ‘‘applicable per precinct
matching rate’’ is—
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose
average per capita income is within the lowest quar-
tile of average per capita incomes for all precincts in
the United States (as determined by the 2000 decen-
nial census).
SEC. 114. AUDIT AND REPAYMENT OF FUNDS.
(a) AUDIT.—Funds provided under the program
under this subtitle shall be subject to audit by the Admin-
istrator.
(b) REPAYMENT FOR FAILURE TO MEET REQUIRE-
MENTS.—If a State or unit of local government (as the
case may be) receiving funds under the program under
this subtitle fails to meet the deadlines applicable to the
State or unit under section 111(c), the State or unit shall
pay to the Administrator an amount equal to the amount
of the funds provided to the State or unit under the pro-
gram.
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Subtitle C—General Provisions
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for payments under this title $400,000,000, to re-
main available until expended (subject to subsection (b)).
(b) USE OF RETURNED FUNDS AND FUNDS REMAIN-
ING UNEXPENDED FOR ELECTION FUND PAYMENTS.—
(1) IN GENERAL.—The amounts referred to in
paragraph (2) shall be transferred to the Election
Assistance Commission (established under title II)
and used by the Commission to make Election Fund
payments under part 1 of subtitle C of title II.
(2) AMOUNTS
DESCRIBED.—The amounts re-
ferred to in this paragraph are as follows:
(A) Any amounts appropriated pursuant to
the authorization under this section which re-
main unobligated as of the date of the regularly
scheduled general election for Federal office
held in November 2002.
(B) Any amounts paid to the Adminis-
trator by a State or unit of local government
under section 104(b).
(C) Any amounts paid to the Adminis-
trator by a State or unit of local government
under section 114(b).
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SEC. 122. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this title, a ‘‘punch card voting sys-
tem’’ means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
TITLE II—COMMISSION
Subtitle A—Establishment and
General Organization
PART 1—ELECTION ASSISTANCE COMMISSION
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity
in the executive branch the Election Assistance Commis-
sion (hereafter in this title referred to as the ‘‘Commis-
sion’’), consisting of the members appointed under this
part. Additionally, there is established the Election Assist-
ance Commission Standards Board (including the Execu-
tive Board of such Board) under part 2 and the Election
Assistance Commission Board of Advisors under part 2.
SEC. 202. DUTIES.
The Commission shall serve as a national clearing-
house and resource for the compilation of information and
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review of procedures with respect to the administration of
Federal elections by—
(1) carrying out the duties described in subtitle
B (relating to voluntary election standards);
(2) carrying out the duties described in subtitle
C (relating to election assistance), and providing in-
formation and training on the management of the
grants provided under such subtitle; and
(3) developing and carrying out the Help Amer-
ica Vote College Program under title III.
SEC. 203. MEMBERSHIP AND APPOINTMENT.
(a) MEMBERSHIP.—
(1) IN GENERAL.—The Commission shall have
4 members appointed by the President, by and with
the consent of the Senate, of whom—
(A) 1 shall be appointed from among a list
of nominees submitted by the majority leader of
the Senate;
(B) 1 shall be appointed from among a list
of nominees submitted by the minority leader of
the Senate;
(C) 1 shall be appointed from among a list
of nominees submitted by the Speaker of the
House of Representatives; and
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(D) 1 shall be appointed from among a list
of nominees submitted by the minority leader of
the House of Representatives.
(2) QUALIFICATIONS.—Each member of the
Commission shall have experience with or expertise
in election administration or the study of elections,
except that no individual may serve as a member of
the Commission if the individual is an officer or em-
ployee of the Federal Government at any time dur-
ing the period of service on the Commission.
(3) DATE
OF
APPOINTMENT.—The appoint-
ments of the members of the Commission shall be
made not later than 30 days after the date of enact-
ment of this Act.
(b) TERM OF SERVICE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), members shall serve for a term
of 4 years and may be reappointed for not more
than one additional term.
(2) TERMS OF INITIAL APPOINTEES.—As des-
ignated by the President at the time of appointment,
of the members first appointed—
(A) 2 of the members (not more than 1 of
whom may be affiliated with the same political
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party) shall be appointed for a term of 2 years;
and
(B) 2 of the members (not more than 1 of
whom may be affiliated with the same political
party) shall be appointed for a term of 4 years.
(3) VACANCIES.—
(A) IN GENERAL.—A vacancy on the Com-
mission shall be filled in the manner in which
the original appointment was made and shall be
subject to any conditions which applied with re-
spect to the original appointment.
(B) EXPIRED TERMS.—A member of the
Commission may serve on the Commission after
the expiration of the member’s term until the
successor of such member has taken office as a
member of the Commission.
(C) UNEXPIRED
TERMS.—An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(c) CHAIR AND VICE CHAIR.—The Commission shall
select a chair and vice chair from among its members for
a term of 1 year, except that the chair and vice chair may
not be affiliated with the same political party.
(d) COMPENSATION.—
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(1) IN GENERAL.—Members of the Commission
shall each be paid at an annual rate equal to
$30,000.
(2) TRAVEL EXPENSES.—Members of the Com-
mission shall each receive 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 Commission.
(3) OUTSIDE
EMPLOYMENT
PERMITTED.—A
member of the Commission may hold any other of-
fice or employment not inconsistent or in conflict
with the member’s duties, responsibilities, and pow-
ers as a member of the Commission.
SEC. 204. STAFF.
(a) EXECUTIVE DIRECTOR AND OTHER STAFF.—
(1) IN GENERAL.—The Commission shall have
an Executive Director, who shall be paid at a rate
not to exceed the rate of basic pay for level V of the
Executive Schedule.
(2) TERM OF SERVICE FOR EXECUTIVE DIREC-
TOR.—Except as provided in paragraph (3)(C), the
Executive Director shall serve for a term of 4 years.