109th Congress Legislation: Impartial Election Administration

Bill No
Bill No. Short Title Sponsors Date Introduced Related Bills Description
S. 17 Voting Opportunity and Technology Enhancement Rights Act of 2005 Dodd January 24, 2005   National Federal Write-In Absentee Ballot:  This bill would permit the use of a federal write-in absentee ballot by anyone who is eligible to vote in federal elections. The voter may designate a candidate by writing in the candidate’s name or write in the name of a political party (in which case, the ballot will be counted for the candidate of the political party). Abbreviations, misspellings, or other minor variations in candidate or political party names will not make a ballot invalid.

Voting Systems:  This bill would require voting machines to allow voters to verify their ballot selections via a paper record, an audio record, a pictoral record, or an electronic record.

Provisional Ballots:  This bill requires states to count eligible provisional ballots, even if they were cast at the wrong poll site.

Election Resource Allocation:  The bill would require each state to provide for a minimum number of voting systems, poll workers and other resources at each polling place, pursuant to a formula developed by the EAC.

Election Day Registration:  This bill would require states to allow an individual to register to vote on Election Day and cast a vote in that election.

Purges:  This bill would require states to provide public notice at least 45 days before a federal election of names removed from each state’s voter registration list. The State must send notices to each individual voter whose name has been removed from the State voter registration list.

Early Voting:  The bill would require each state to provide for early voting no less than 15 days before any federal election.

Election Day Holiday:  This bill would require the EAC to study the feasibility of making Election Day a federal holiday.

Processing Voter Registration Applications:  This bill would allow voter registration applicants to submit affidavits attesting to citizenship and age in lieu of checking the age and citizenship boxes on the voter registration form. Additionally, this bill would require states to establish a way for individuals to access and submit voter registration forms online.

Voter ID:  This bill would add as acceptable proof of identify for in-person voting and voting by mail an executed, written affidavit attesting to one’s identity.

Impartial Election Administration:  This bill would require states to notify the public of changes in state federal election administration law at least 15 days before an election. Additionally, states would be required to allow uniform and nondiscriminatory access to poll sites to election observers, including party challengers, voting rights and civil rights organizations, and nonpartisan domestic and international observers.

S. 391 Federal Election Integrity Act of 2005 Lautenberg February 16, 2005 H.R. 834 This bill would prohibit the chief state election administration official from participating in political management or in a political campaign of a Federal office that he supervises.
S. 450 Count Every Vote Act of 2005 Clinton February 17, 2005 H.R. 939 This is an omnibus election reform bill that seeks to address a number of election administration problems that arose in the 2004 federal elections.  Among other things, it provides for the following reforms:

Voting Systems:  The bill contains a number of provisions to increase the security of voting systems.  Its requirements are similar to those in H.R. 550, described below.

Provisional Ballots:  The bill would require states to count provisional ballots cast in the wrong polling place or cast by voters without ID.  It would also require provisional ballots to be counted in time for recounts and contest proceedings.

Allocation of Election Resources:  The bill would require each state to provide for a minimum number of voting systems, poll workers and other resources at each polling place, pursuant to a formula developed by the EAC, with the goal of ensuring equal waiting times of no longer than one hour.

Election Day Registration:  The bill would require each state to permit individuals to register and vote at their polling places on Election Day.

No Excuse Absentee Balloting:  The bill would require each state to allow citizens to vote by absentee ballot without showing a reason.

Early Voting:  The bill would require each state to provide for early voting no less than 15 days before any federal election.

Impartial Election Administration:  The bill would prohibit chief election officials and top officers at voting system manufacturers from participating in any political activities in federal campaigns.  It would also require states to publish all their laws and procedures for administering federal elections at the beginning of each election year.

Poll Worker Training:  This bill would establish minimum requirement of training for poll workers on a number of topics.

Purges:  The bill would require states to make the processes by which they purge their voter rolls more transparent and to provide notice to voters before purging their names from the rolls.

Processing Voter Registration Applications:  The bill would require states to accept and process voter registration applications regardless of technical mistakes or omissions, so long as there is no material omission or information to suggest that a registrant is ineligible to vote.

Voter ID:  The bill would allow first-time voters who registered by mail to vote regardless of whether they show ID so long as they execute an affidavit of eligibility.  It also would provide funds for states to distribute free photo IDs to those who do not have them.

Deceptive Practices:  This bill’s deceptive practices provisions are similar to those in Senator Obama’s bill, discussed below.

Past Criminal Convictions:  The bill would guarantee the right to vote of all citizens with past criminal convictions unless they are incarcerated, on probation, or on parole.

Election Day Holiday:  The bill would make Election Day a federal holiday.

S. 3560 Federal Election Administration Act of 2006 McCain June 22, 2006 H.R. 5676 This bill would establish a Federal Election Administration to implement this Act and policy related to the Presidential Election Campaign Fund Act and the Presidential Primary Matching Payment Act under chapters 95 and 96, respectively, of the Internal Revenue Code of 1986. The Administration will be composed of three members appointed by the President and staff.
H.R. 533 Voting Opportunity and Technology Enhancement Rights Act of 2005 Conyers February 2, 2005   The provisions of this election reform bill are very similar to those in S. 17 and would address many election administration problems in the same way.  The provisions that differ from those in S. 17 include:

Deceptive Practices:  This bill would prohibit unfair or deceptive practices that affect voting. It also requires the establishment of detailed procedures to document allegations of voting irregularities and responses to allegations.

Voting Systems:  Like S. 17, this bill would require the preservation of voter-verifiable paper records where “none of the means of verification […] may employ cryptography in the record” for audits. Additionally, the EAC would be required to develop standards for voting machine software and for conducting recounts.

Early Voting:  This bill would require states to permit same-day voter registration at poll sites that conduct early voting.

Impartial Election Administration:  This bill would prohibit party challengers and campaigners from interfering with election administration at poll sites. It would require the EAC to study the feasibility of nonpartisan election administration in the states and to develop standards to check for conflicts of interest.

Poll Worker Training:  This bill would require states to train election officials and poll workers.

H.R. 834 Federal Election Integrity Act of 2005 Strickland February 15, 2005 S. 391 This bill would prohibit the chief state election administration official from participating in political management or in a political campaign of a Federal office that he supervises.
H.R. 939 Count Every Vote Act of 2005 Jones February 17, 2005 S. 450 This omnibus election reform bill seeks to address a number of election administration problems that arose in the 2004 federal elections.  The provisions of this bill are similar to those in S. 450.
H.R. 3094 Secure America’s Vote Act of 2005 Hoyer June 28, 2005   Processing Voter Registration Applications:  This bill would require the EAC to revise the mail-in voter registration form to emphasize the citizenship requirement. It also prohibits states from rejecting voter registration applications due to errors that the state can correct with reasonable effort.

Purges:  This bill would require the National Institute of Standards and Technology to establish accuracy standards for states to meet to purge names from the voter rolls for reasons of felony status or death. States must post public notices listing purged names, the reasons for purging, and information about appealing a removal.

Provisional Ballots:  This bill would require states to count provisional ballots cast by eligible voters at the wrong poll site.

Voting Systems:  This bill would ban wireless, power-line, and concealed communication devices in voting systems and require that all technological information such as voting system software’s source code is available for inspection.

Impartial Election Administration:  This bill would require states to publish and update information about state election law on the internet. Additionally, states would be required to post a list of the names of all the registered voters within a jurisdiction as well as their poll site assignments at polling places.

Deceptive Practices:  This bill would prohibit anyone from providing false information regarding an individual’s eligibility to vote.

H.R. 3910 Verifying the Outcome of Tomorrow’s Elections Act of 2005 Feeney September 27, 2005   Voter ID:  This bill would require voters to present current, valid, state-issued photo ID for voting. Acceptable ID must have: (1) the person’s full legal name; (2) the person’s date of birth; (3) the person’s gender; (4) the person’s number for the form of ID; (5) digital photograph of the person; (6) the person’s address of principle residence; and (7) the person’s signature.

In order to obtain the photo ID described above, a person must present: (1) a photo ID or non-photo ID that shows the person’s full legal name and date of birth; (2) documentation showing the person’s date of birth; (3) a Social Security number or verification that the person is not eligible for an SSN; and (4) documentation of name and principal residential address. No foreign documents other than an official passport can satisfy these requirements.

Voting Systems:  This bill would require regular testing of voting systems, as well as the production of a voter-verifiable paper record.

Limitation on Who Can Become Poll Workers:  This bill would prohibit people with certain criminal convictions from being poll workers.

Voter Registration Drives:  This bill would prohibit per form payment to anyone who distributes or collects voter registration forms.

H.R. 4989 Electoral Fairness Act of 2006 Holt March 16, 2006   Provisional Ballots:  This bill would require a provisional ballot cast by an eligible individual at the wrong poll site to count as a vote in an election without the provision of additional ID on or after an election. States would be required to establish procedures for an individual to challenge a determination that a provisional ballot would not count in an election.

Allocation of Election Resources:  This bill would require states to establish standards and procedures to ensure adequate and equitable allocation of election resources so that a voter would not wait more than one hour to vote.

Election Administration:  This bill would require states to post voter lists online and in each polling place that indicate voters’ poll site assignments.

Poll Worker Training:  This bill would require states to establish and operate training and compensation standards for poll workers.

Early Voting: This bill would permit states to conduct early voting in polling places.

Voter ID:  This bill would require states to issue durable voter registration cards that include the voter’s name and address at no charge to voters that will serve as proof of registration at poll sites even if the individual’s name does not appear in the poll books. The EAC may provide grants to eligible states to cover the costs of providing the voter IDs.

Purges:  This bill would amend NVRA to require states to notify registrants if their names may be purged from the voter rolls for reasons other than death or change of address. States must notify registrants by “forwardable mail” at least 30 days before an election describing the reason for removal from the voter rolls and an opportunity to challenge the intended purge.

Processing Voter Registration Applications:  This bill would require states to “act under the presumption that applicants should be registered.” It would require states to accept voter registration applications so long as they contain all of the information required on the national mail-in voter registration form or other State-developed voter registration form.

H.R. 5676 Federal Election Administration Act of 2006 Shays June 22, 2006 S. 3560 This bill would establish a Federal Election Administration to implement this Act and policy related to the Presidential Election Campaign Fund Act and the Presidential Primary Matching Payment Act under chapters 95 and 96, respectively, of the Internal Revenue Code of 1986. The administration would be composed of three members appointed by the President and staff.
H.R. 5777 Fair Voter Education Act of 2006 Pearce July 12, 2006   This bill would prohibit states from using HAVA funding to disseminate any communication that promotes or opposes a candidate for public office or a political party.