I
106TH CONGRESS
2D SESSION
H. R. 5631
To establish a commission to study and make recommendations with respect
to the Federal electoral process.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 14, 2000
Mr. DEFAZIO (for himself and Mr. LEACH) introduced the following bill;
which was referred to the Committee on House Administration
A BILL
To establish a commission to study and make recommenda-
tions with respect to the Federal electoral process.
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 ‘‘Federal Elections Re-
view Commission Act’’.
SEC. 2. ESTABLISHMENT OF COMMISSION; MEMBERSHIP.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the Federal Elections Review
Commission (hereafter in this Act referred to as the
‘‘Commission’’).
(b) PURPOSE.—The purpose of the Commission shall
be to study the nature and consequences of the Federal
electoral process and make recommendations to ensure the
integrity of, and public confidence in, Federal elections.
(c) MEMBERSHIP.—The Commission shall be com-
posed of 12 members, who shall be appointed as follows:
(1) Three members shall be appointed by the
President pro tempore of the Senate based on rec-
ommendations by the majority leader of the Senate.
(2) Three members shall be appointed by the
President pro tempore of the Senate based on rec-
ommendations of the minority leader of the Senate.
(3) Three members shall be appointed by the
Speaker of the House of Representatives.
(4) Three members shall be appointed by the
minority leader of the House of Representatives.
(d) QUALIFICATIONS OF MEMBERS.—Members shall
be appointed to the Commission from among individuals
who—
(1) have expertise in Federal election laws, the
United States Constitution, and the history of the
United States, or other pertinent qualifications or
experience; and
(2) are not officers or employees of the United
States.
(e) OTHER CONSIDERATIONS.—In appointing mem-
bers of the Commission, every effort shall be made to en-
sure that the members—
(1) represent a broad cross section of regional
and political perspectives in the United States; and
(2) provide fresh insights to analyzing the Fed-
eral electoral process in order to maintain the integ-
rity of, and public confidence in, such process.
(f) PERIOD
OF
APPOINTMENT; VACANCIES.—(1)
Members of the Commission shall be appointed not later
than 60 days after the date of enactment of this Act. Ap-
pointments shall be for the life of the Commission.
(2) Any vacancy in the Commission shall not affect
the powers of the Commission, and shall be filled in the
same manner as the original appointment.
(g) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold its first meet-
ing.
(h) CHAIRPERSON AND VICE CHAIRPERSON.—The
members of the Commission shall elect a chairperson and
vice chairperson from among the members of the Commis-
sion.
(i) ADDITIONAL MEETINGS.—The Commission shall
meet at the call of the chairperson.
(j) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business.
(k) VOTING.—A vote of a member of the Commission
with respect to the duties of the Commission shall have
the same weight as the vote of any other member of the
Commission.
SEC. 3. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall examine
the nature and consequences of the Federal electoral proc-
ess and make recommendations to ensure the integrity of,
and public confidence in, Federal elections.
(b) SPECIFIC ISSUES TO BE ADDRESSED.—The
Commission shall examine and report to the President, the
Congress, and the Federal Election Commission on, at a
minimum, the following:
(1) The historic rationale for the electoral col-
lege, its impact on Presidential elections, and the ad-
visability of its abolition or other options for reform,
including the possibility of proportional allocation of
electors within States.
(2) Voter registration issues, including same-
day registration, universal registration, the impact of
motor voter registration, and the accuracy of voter
registration rolls.
(3) Ballot access issues, including the role of
mail-in balloting in Federal elections, and the dis-
tinction between mail-in and absentee balloting, and
the uniformity or lack thereof of the deadlines for
the receipt of ballots.
(4) The feasibility and advisability of voting
through the Internet.
(5) The impact of polling place closing times,
the number and accessibility of polling places, and
training of poll workers.
(6) The impact of the physical ballot design, in-
cluding the technology used to cast and count votes
and the uniformity of such technology, consideration
of a uniform design standard, and the impact of the
language used on ballots, simplicity of language, and
the use of foreign language ballots.
(7) The adequacy of options available to voters
and candidates to seek redress for electoral irreg-
ularities.
(8) The precedent for holding elections on a
Tuesday in November and the feasibility and advis-
ability of changing to multiple day elections, week-
end elections, or expanding early voting options,
with a particular focus on the impact on voter turn-
out.
(9) The history of Presidential debates, the role
of the Federal Election Commission on Presidential
debates, including the criteria established for partici-
pation in such debates, and options for reform.
(10) The impact of winner-take-all voting, and
the feasibility and advisability of election reforms
such as instant runoff voting, proportional represen-
tation, candidates appearing on multiple ballot lines,
and cumulative voting, with a particular focus on the
impact on voter turnout and expanding political dia-
log.
(11) The feasibility and advisability of limiting
campaigns, including advertising and fundraising, to
a set period of time.
(12) The feasibility and advisability of uniform
national poll closing times in Presidential elections.
(13) The Presidential primary process and op-
tions for reform.
SEC. 4. FINAL REPORT.
(a) IN GENERAL.—Not later than 12 months after
the date of the initial meeting of the Commission, the
Commission shall submit to the President and the Con-
gress a final report including—
(1) the findings and conclusions of the Commis-
sion; and
(2) recommendations for addressing the prob-
lems identified as part of the Commission’s analysis.
(b) SEPARATE VIEWS.—Any member of the Commis-
sion may submit additional findings and recommendations
as part of the final report.
SEC. 5. POWERS.
(a) HEARINGS.—The Commission may hold such
hearings, sit and act at such times places, take such testi-
mony, and receive such evidence as the Commission may
find advisable to fulfill the requirements of this Act. The
Commission shall hold at least one hearing in the District
of Columbia, and at least four hearings in other regions
of the United States.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out the provisions of this Act.
Upon request of the chairperson of the Commission, the
head of such department or agency shall furnish such in-
formation to the Commission.
(c) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.