I
103D CONGRESS
1ST SESSION
H. R. 1755
To enforce the guarantees of the first, fourteenth, and fifteenth amendments
to the Constitution of the United States by prohibiting certain devices
used to deny the right to participate in certain elections.
IN THE HOUSE OF REPRESENTATIVES
APRIL 21, 1993
Mr. PENNY (for himself, Mr. HASTINGS, and Mr. GUNDERSON) introduced the
following bill; which was referred to the Committee on House Administration
A BILL
To enforce the guarantees of the first, fourteenth, and fif-
teenth amendments to the Constitution of the United
States by prohibiting certain devices used to deny the
right to participate in certain elections.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fair Elections Act of
1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Voting participation in the United States is
lower than in any other advanced industrialized
democracy.
(2) The rights of eligible citizens to seek elec-
tion to office, vote for candidates of their choice and
associate for the purpose of taking part in elections,
including the right to create and develop new politi-
cal parties, are fundamental in a democracy. The
rights of citizens to participate in the election proc-
ess, provided in and derived from the first and four-
teenth amendments to the Constitution, having con-
sistently been promoted and protected by the Fed-
eral Government. These rights include the right to
cast an effective vote and the right to associate for
the advancement of political beliefs, which includes
the ‘‘constitutional right . . . to create and develop
new political parties.’’ Norman v. Reed, 502
U.S.lll, 112 S.Ct. 699 (1992). It is the duty of
the Federal Government to see that these rights are
not impaired in elections for Federal office.
(3) Certain restrictions on access to the ballot
impair the ability of citizens to exercise these rights
and have a direct and damaging effect on citizens’
participation in the electoral process.
(4) Many States unduly restrict access to the
ballot by nonmajor party candidates and nonmajor
political parties by means of such devices as exces-
sive petition signature requirements, insufficient pe-
titioning periods, unconstitutionally early petition fil-
ing deadlines, petition signature distribution criteria,
discriminatory petition signature fees, and limita-
tions on eligibility to circulate and sign petitions.
(5) Many States require political parties to poll
an unduly high number of votes or to register an un-
duly high number of voters as a precondition for re-
maining on the ballot.
(6) In 1983, the Supreme Court ruled unconsti-
tutional an Ohio law requiring a nonmajor party
candidate for President to qualify for the general
election ballot earlier than major party candidates.
This 
Supreme 
Court 
decision, 
Anderson 
v.
Celebrezze, 460 U.S. 780 (1983) has been followed
by many lower courts in challenges by nonmajor par-
ties and candidates to early petition filing deadlines.
See, e.g., Stoddard v. Quinn, 593 F. Supp. 300
(D.Me. 1984); Cripps v. Seneca County Board of
Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Lib-
ertarian Party of Nevada v. Swackhamer, 638 F.
Supp. 565 (D. Nev. 1986); Cromer v. State of South
in the State, or 1,000 signatures, whichever is
greater;
(2) with respect to a Federal election for the of-
fice of Representative in, or Delegate or Resident
Commissioner to, the Congress, such petition has a
number of signatures of persons qualified to vote for
such office equal to one-half of one percent of the
number of persons who voted in the most recent pre-
vious Federal election for such office, or, if there
was no previous Federal election for such office,
1,000 signatures;
(3) with respect to a Federal election the date
of which was fixed 345 or more days in advance,
such petition was circulated during a period begin-
ning on the 345th day and ending on the 75th day
before the date of the election;
(4) with respect to a Federal election the date
of which was fixed less than 345 days in advance,
such petition was circulated during a period estab-
lished by the State holding the election, or, if no
such period was established, during a period begin-
ning on the day after the date the election was
scheduled and ending on the tenth day before the
date of the election, provided, however, that the
number of signatures required under paragraph (1)
or (2) shall be reduced by 1⁄270th for each day less
than 270 in such period.
(b) An individual shall have the right to be placed
as a candidate on, or to have such individual’s political
party, body, or group affiliation in connection with such
candidacy placed on, a ballot or similar voting materials
to be used in a Federal election, without having to satisfy
any requirement relating to a petition under subsection
(a), if that or another individual, as a candidate of that
political party, body, or group, received one percent of the
votes cast in the most recent general Federal election for
President or Senator in that State.
SEC. 4. RULEMAKING.
The Attorney General shall make rules to carry out
this Act.
SEC. 5. GENERAL DEFINITIONS.
As used in this Act—
(1) the term ‘‘Federal election’’ means a gen-
eral or special election for the office of—
(A) President or Vice President;
(B) Senator; or
(C) Representative in, or Delegate or Resi-
dent Commissioner to, the Congress;
(2) the term ‘‘State’’ means a State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any other territory
or possession of the United States; and
(3) the term ‘‘individual’’ means an individual
who has the qualifications required by law of a per-
son who holds the office for which such individual
seeks to be a candidate.
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