H.R.
3295 – HELP
JOINT
EXPLANATORY STATEMENT
TITLE
I-PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT
OF PUNCH CARD AND LEVER VOTING MACHINES
Sec. 101. Payments to States for activities to improve administration of
elections.
Provides
payments to States to improve the administration of federal elections, designates permitted uses
of the funds, and sets the size of the payment at an amount based on the
relative size of the voting-age population plus a minimum.
Sec. 102. Replacement of punch card and lever voting machines.
Provides payments to States to replace punch card and lever
voting systems with other systems meeting the requirements of this Act.
Sec. 103. Guaranteed minimum payment amount.
Sets the minimum aggregate payment under Sec. 101 and 102
at $5 million.
Sec. 104. Authorization of appropriations.
Authorizes
$325 million in no-year funds for each program under Sec. 101 and 102 plus sums
necessary for administration of the program, with unexpended or returned funds
to be used for requirements payments under title II.
Sec. 105. Administration of programs.
Provides authority to expedite payments.
Sec. 106. Effective date.
Requires
payments to be made within 45 days of enactment.
TITLE
II-COMMISSION
Subtitle
A-Establishment and General Organization
PART
1-ELECTION ASSISTANCE COMMISSION
Sec. 201. Establishment.
Establishes the Election Assistance Commission, the
Election Assistance Commission Standards Board, the Election Assistance Board
of Advisors, and the Technical Guidelines Development Committee.
Sec. 202. Duties.
Stipulates that the Commission will serve as a national
clearinghouse for information on federal elections and will carry out duties
described in this Title, in Title III, and in Title V.
Sec. 203. Membership and appointment.
Requires
that the four Commission members are appointed by the
President with the advice and consent of the Senate.
Sec. 204. Staff.
Creates
positions for an Executive Director and General Counsel and stipulates that the
Executive Director may appoint additional staff.
Sec. 205. Powers.
Empowers
the Commission to hold hearings, take testimony, receive evidence, let
contracts, obtain information from Federal agencies and support from the General
Services Administration, and to use the mails as do other Federal agencies.
Sec. 206. Dissemination of information.
Requires the Commission to disseminate information on its
activities to the public on an ongoing basis.
Sec. 207. Annual report.
Requires
that the Commission submit a report to Congress by January 1 of each year on
its activities for the previous fiscal year, including each program carried
out, grant payments made, a copy of submitted reports by grant recipients,
information on voluntary standards adopted, votes taken by the Commission, and
other appropriate information.
Sec. 208. Requiring majority approval for actions.
Requires
that any action of the Commission be approved by three
members.
Sec. 209. Limitation on rulemaking authority.
Prohibits the Commission from imposing any rule,
regulation, or taking any action that imposes requirements on State or local
governments except as permitted under the National Voter Registration Act of
1993.
Sec. 210. Authorization of appropriations.
Authorizes a maximum appropriation of $10 million per year
for FY2003 through FY2005, in addition to grants and payments authorized under
the title.
PART
2-ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF ADVISORS
Sec. 211. Establishment. Establishes a Standards Board and a Board of Advisors under the
Election Assistance Commission.
Sec. 212. Duties. Requires that the two
boards review the guidelines described in this title.
Sec. 213. Membership of Standards Board.
Sets
membership at 110, to include, from each State, the chief election official and
a local election official chosen by peers in the State, with no two members
from a state to be from the same political party, and also requires the board
to select a nine-member Executive Board.
Sec. 214. Membership of Board of Advisors.
Sets
membership at 37, two each appointed by the National Governors Association; the
National Conference of State Legislatures; the National Association of
Secretaries of State; the National Association of State Election Directors; the
National Association of Counties; the National Association of County Recorders;
Election Administrators, and Clerks; the U.S. Conference of Mayors; the
Election Center; and the International Association of County Recorders, Election
Officials, and Treasurers; the U.S. Commission on Civil Rights; the
Architectural and Transportation Barrier Compliance Board; plus the chief of
the Office of Public Integrity of the Department of Justice; the chief of the
Voting Section of the Civil Rights Division of the Department of Justice; the
director of the Federal Voting Assistance Program of the Department of Defense;
plus four members representing professionals in the field of science and
technology; plus eight members representing voter interests, of which four are
appointed by the House Administration Committee, two by the chairman and two by
the ranking minority member; and four members appointed by the Committee on
Rules and Administration of the Senate, two by the chairman and two by the
ranking minority member.
Sec. 215. Powers of Boards; no compensation for service.
Empowers
each board to hold hearings, take testimony, and receive evidence, obtain
information from Federal agencies and support from the General Services
Administration, and to use the mails as do other Federal agencies. Prohibits issuance of subpoenas. Requires each board to meet
at least yearly and prohibits compensation of board members, but permits
payment of travel expenses.
Sec. 216. Status of Boards and members for purposes of claims against Board.
Applies provisions of 28 U.S.C., Chapters 161 and 171, with
respect to liability of boards and members, with an exception for criminal acts
and other willful misconduct.
PART
3-TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE
Sec. 221. Technical Guidelines Development Committee.
Establishes
a 15-member Technical Guidelines Development Committee, to assist in the
development of voluntary voting system guidelines (and modifications), to be
chaired by the Director of the National Institute of Standards and Technology
(NIST), and with members appointed jointly by the Director and the Commission
and drawn from the Standards Board, the Board of Advisors, the Compliance
Board, the Architectural and Transportation Barriers Compliance Board, the
American National Standards Institute, the Institute of Electrical and
Electronics Engineers, the National Association of State Election Directors,
and other persons with relevant scientific and technical expertise. Prohibits
compensation of members, but permits payment of travel expense, and requires
publication of recommendations of the Development Committee in the Federal
Register when the Commission adopts any guideline.
Sec. 222. Process for adoption.
Requires the Executive Director of the Commission to take
recommendations of the Development Committee into account in developing
guidelines, and for the two boards to review the proposed guidelines, with a
vote of the Commission required for adoption.
Subtitle
B-Testing, Certification, Decertification, and Recertification of Voting System
Hardware and Software
Sec. 231. Certification and testing of voting systems.
Requires
the Commission to provide for testing, certification, decertification, and
recertification of voting systems by accredited laboratories; NIST provides a
list of recommended candidates for certification and provides for continuing
review of laboratory performance.
Subtitle
C-Studies and Other Activities to Promote Effective Administration of Federal
Elections
Sec. 241.
Periodic studies of election administration issues.
Requires periodic, publicly available studies to promote
improvements in election administration and methods of voting.
Sec. 242. Study, report, and recommendations on best practices for
facilitating military and overseas voting.
Requires a study, in consultation with DOD, on best
practices for facilitating voting by military and overseas voters.
Sec. 243.
Report on human factor research.
Requires a report, in consultation with NIST, on application
of human factors research to voting systems.
Sec. 244.
Study and report on voters who register by mail and use of social security
information.
Requires
a study of the impact of requirements in Sec. 303(b)
for first time mail registrants, and a study, in consultation with the Social
Security Administration, on using Social Security numbers in election
administration.
Sec. 245.
Study and report on electronic voting and the electoral process.
Requires
a study of issues associated with the use of electronic communication and
Internet technologies in the electoral process.
Sec. 246.
Study and report on free absentee ballot postage.
Requires
a study, in consultation with the Postal Service, on a program to waive or
reduce postage for absentee ballots.
Sec. 247. Consultation with Standards Board and Board of Advisors.
Requires the Commission to consult with the Standards Board
and Board of Advisors in performing duties under this subtitle.
Subtitle
D-Election Assistance
PART
1-REQUIREMENTS PAYMENTS
Sec. 251. Requirements payments.
Requires the Commission to make yearly payments to
qualifying States to meet the requirements of the Act, including certain
retroactive payments, and for other activities to improve election
administration.
Sec. 252. Allocation of funds.
Sets
the size of a payment to an amount based on the relative size of the voting-age
population, designates a minimum payment, and stipulates that funds can be retained until
expended.
Sec. 253. Condition for receipt of funds.
Requires
a State, to be eligible, to certify that it has filed a plan with the
Commission meeting the requirements of Sec. 254-256 and a plan for implementing
the requirements of Sec. 402, that it will use the funds in a manner consistent
with Federal laws, as they apply to this Act, and with title III requirements,
and that it has provided a 5% match. Gives States discretion to choose the method of compliance.
Sec. 254. State plan.
Describes required elements of the State plan and required
elements and uses of the State Election Fund.
Sec. 255. Process for development and filing of plan; publication by
Commission.
Requires
the chief State election official to develop the plan through a committee
including local election officials and other citizens, and requires the
Commission to publish submitted plans in the Federal Register.
Sec. 256. Requirement for public notice and comment.
Requires a State to provide opportunity for public comments
on the State plan and to take them into account in finalizing the plan.
Sec. 257. Authorization of appropriations.
Authorizes a total of $3 billion for FY2003 through FY2005,
to remain available until expended.
Sec. 258. Reports.
Requires a yearly report by the State on activities
conducted with the use of payments under this part.
PART
2-PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE ACCESS FOR
INDIVIDUALS WITH DISABILITIES
Sec. 261. Payments to States and units of local government to assure access
or disabled voters.
Requires the Secretary of Health and Human Services to make
yearly payments to eligible States and local governments to assure access to
polling places for individuals with disabilities, including the blind and
visually impaired, and to provide them with information on accessibility.
Sec. 262. Amount of payment.
Requires the Secretary to determine payment amounts. Specifies that
payments can be retained until expended.
Sec. 263. Requirements for eligibility.
Requires
a jurisdiction seeking funds to file an application that describes how the
payment will be used and provides other required information required by the
Secretary.
Sec. 264. Authorization of appropriations.
Authorizes appropriations totaling $100 million for FY2003
through FY2005, to remain available until expended.
Sec. 265. Reports.
Requires a report by recipients to the Secretary on
activities conducted and a yearly report by the Secretary to Congress.
PART
3-GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
Sec. 271. Grants for research on voting technology improvements.
Establishes
a grant program, to be administered in consultation with NIST, for research and development to
improve election systems and technology.
Sec. 272. Report.
Requires recipients to submit reports to the Commission describing
activities under the grant.
Sec. 273. Authorization of appropriations.
Authorizes appropriations of $20 million for FY2003, to be
available until expended.
PART
4-PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY
Sec. 281. Pilot program.
Establishes
a grant program, to be administered in consultation with NIST, to test and
implement new voting technologies on a trial basis.
It is
the intent of the managers that such pilot programs shall include initiatives
with regard to election administration methodologies.
Sec. 282. Report.
Requires submission of a report to the Commission
describing activities under the grant.
Sec. 283. Authorization of appropriations.
Authorizes appropriations of $10 million for FY2003, to be
available until expended.
PART
5-PROTECTION AND ADVOCACY SYSTEMS
Sec. 291. Payments for protection and advocacy systems.
Requires
the Secretary of Health and Human Services to award grants to entities in each
State that represent persons with disabilities to provide services to ensure
such persons full participation in the electoral process and sets minimum grant
amounts as specified in the Rehabilitation Act of 1973. Also provides a 7% set-aside for grants for
training and technical assistance.
Sec. 292. Authorization of appropriations.
Authorizes
appropriations of $10 million per year for FY2003 through FY2006 and such sums
as necessary in subsequent fiscal years; prohibits recipients from using grant
funds for litigation activities involving election-related accessibility.
PART
6-NATIONAL STUDENT AND PARENT MOCK ELECTION
Sec. 295.
National Student and Parent Mock Election.
Authorizes the Election Assistance Commission to award
grants to a nonprofit, nonpartisan organization known as the National Student
and Parent Mock Election, to simulate national elections that permit
participation by students and parents.
Sec. 296. Authorization of Appropriations.
Authorizes $200,000 for FY2003 and such sums as necessary
in subsequent years.
TITLE
III-UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND ADMINISTRATION
REQUIREMENTS
Subtitle
A-Requirements
Sec. 301. Voting systems standards.
Beginning
January 1, 2006, requires all voting systems used in federal elections, while
maintaining voter privacy and ballot confidentiality, to (1) permit voters to
verify their selections on the ballot, notify them of overvotes,
and permit them to change their votes and correct any errors before casting the
ballot; however, jurisdictions using paper ballot, punchcard,
or central-count voting systems (including absentee and mail-in ballots) may
instead use voter education and instruction programs for notification of overvotes; (2) produce a permanent paper record for the
voting system that can be manually audited and is available as an official
record for recounts; and (3) provide to individuals with disabilities,
including the blind and visually impaired, the same accessibility to voting as
other voters, through use of at least one DRE or properly equipped voting
system at each polling place; however, any system purchased with funds made
available under Title II on or after January 1, 2007 must provide
accessibility; (4) provide alternative language accessibility as required by
law; and (5) comply with the error rate standards in the federal voting system
standards in effect on the date of enactment.
Requires each State to adopt uniform standards defining what constitutes
a vote and what will be counted as a vote for each certified voting system.
Stipulates
that the above requirements do not compel a jurisdiction to change to a
different kind of voting system if the system it uses, including any paper
ballot system, meets or can be modified to meet the
requirements of this section.
Sec. 302. Provisional voting and voting information requirements.
Requires
that, beginning January 1, 2004, persons who claim to be registered to vote in
a federal election in a jurisdiction but are not on the official list of
registered voters or are otherwise alleged to be ineligible be offered and
permitted to cast a provisional ballot, the ballot be promptly verified and
counted if determined to be valid under State law, and the voter (and no one
else) be able to ascertain whether the ballot was counted (and if not, why not)
through a free-access system and be informed of that option when the ballot is
cast. Stipulates that States that do not
require voter registration or that are described in section 4(b) of the
National Voter Registration Act of 1993 (NVRA) may use applicable State law.
Requires
that a sample ballot and other voter information be posted at polling places on
election day.
Requires
that, if polling hours are extended as a result of a court order, any ballot
cast in a federal election during that extension be provisional and be held
separately from other provisional ballots.
Sec. 303.
Computerized Statewide voter registration list
requirements and requirements for voters who register by mail.
Beginning
Beginning
Requires
that mail-in voter registration forms developed under NVRA include questions
requiring voters to verify that they are U.S. citizens and old enough to vote,
and requires States to notify voters who fail to complete the question on
citizenship and provide the applicant with an opportunity to complete the form
prior to the next election for Federal office.
It is
the intent of the managers that such questions should be clearly and
conspicuously stated on the front of the registration form.
Requires States and localities to comply with provisions on
mail registration beginning
Sec. 304. Minimum requirements.
Allows States to establish election technology and
administration requirements stricter than those established under this title.
Sec. 305.
Methods of implementation left to discretion of State.
Gives States discretion to choose the methods of
implementation.
Subtitle
B-Voluntary Guidance
Sec. 311. Adoption of voluntary guidance by Commission.
Requires the Commission to adopt voluntary guidance to
assist States in meeting requirements of subtitle A and to update
recommendations adopted with respect to Sec. 301 every four years.
Sec. 312. Process for adoption.
Requires that the adoption process include public notice,
comment, and hearings, and publication of the final recommendations in the
Federal Register.
TITLE
IV-ENFORCEMENT
Sec. 401. Actions by the Attorney General for declaratory and injunctive
relief.
Allows for civil action by the Attorney General to carry
out the requirements under Sec. 301-303.
Sec. 402. Establishment of State-based administrative complaint procedures to
remedy grievances.
Requires
States receiving funds under this Act to establish and maintain administrative
procedures to receive, process, and act upon complaints about violations of
provisions in title III. Requires States not receiving funds to
either certify that they meet complaint-procedure requirements or to
submit a plan describing steps to be taken to meet title III requirements. Such
plan, if not approved by the Department of Justice, shall result in the State
being deemed to be out of compliance with the requirements.
TITLE
V-HELP
Sec. 501. Establishment of program.
Requires the Commission to establish the "Help America
Vote College Program" to encourage students at institutions of higher
learning, including community colleges, to serve as nonpartisan poll workers or
assistants and to encourage States and local governments to use students in
that capacity.
Sec. 502. Activities under program.
Requires
the Commission, in consultation with chief State election officials, to develop
materials, sponsor seminars and workshops, advertise the program to students,
make grants, assist any institution that wishes to participate, and take other
appropriate actions. Limits grants to nonpartisan undertakings and requires the
Commission to coordinate with institutions of higher learning and to make
materials and assistance available without charge.
Sec. 503. Authorization of appropriations.
Authorizes
appropriations of $5 million for FY2003 and sums as necessary thereafter.
TITLE
VI-HELP
Sec. 601. Help
Amends
Part B of subtitle II of 36 U.S.C. to establish the federally chartered Help
America Vote Foundation to mobilize secondary school students to participate as
nonpartisan poll workers and assistants, to the extent permitted under State
law.
Requires the foundation to act without partisan bias or
promotion of any particular point of view and to consult with the chief
election officials in the States, the
Establishes
a 12-member board of directors with four appointed by the President, two by the
Speaker of the House of Representatives, two by the House minority leader, two
by the Senate majority leader, and two by the Senate minority leader, and with
the chairs and ranking Members of the House Administration Committee and the
Senate Rules and Administration Committee as ex officio, nonvoting members.
Sets
the term of office at four years and stipulates that members are not employees
of the Federal government. Prohibits
compensation of board members, but permits payment of travel expenses. Restricts personal
liability of members to gross negligence.
Requires
the board to meet at least yearly and to select a member as chair, who shall
not hold or have held any partisan elected office or national political-party
committee office.
Permits
the board to appoint and remove officers and employees of the foundation and
stipulates that they are not employees of the Federal government except as
otherwise provided in this chapter.
Grants the foundation such powers as necessary to carry out this chapter and also the usual powers of a corporation acting as a trustee in the District of Columbia, where the foundation will be located. </