[House Report 107-331]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-331
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PROVIDING FOR CONSIDERATION OF H.R. 3295, HELP AMERICA VOTE ACT OF 2001
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December 11, 2001.--Referred to the House Calendar and ordered to be
printed
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Mr. Reynolds, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 311]
The Committee on Rules, having had under consideration
House Resolution 311, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration in the House of
H.R. 3295, the Help America Vote Act of 2001, under a closed
rule. The rule provides one hour of debate equally divided and
controlled by the chairman and ranking minority member of the
Committee on House Administration.
The rule waives all points of order against consideration
of the bill. This includes a waiver of clause 4(a) of rule XIII
requiring a three-day layover of the committee report.
The rule provides that the amendment recommended by the
Committee on House Administration now printed in the bill,
modified by the amendment printed in this report, shall be
considered as adopted.
Finally, the rule provides one motion to recommit with or
without instructions.
committee votes
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 61
Date: December 11, 2001.
Measure: H.R. 3295.
Motion by: Mr. Frost.
Summary of motion: To make in order the amendment in the
nature of a sunstitute offered by Mr. Menendez, which amends
section 502(2)(A) to specify that voters may only be purged
from the rolls consistent with the National Voter Registration
Act of 1993. Strikes Section 902(a). Requires provisional
voting for every voter, except in states with mail in voting.
If a voter's name does not appear on the rolls, an election
official at the polling place must notify the voter that a
provisional ballot may be cast upon written affirmation, the
ballot must be transferred to the appropriate State or local
election official for prompt verification and tabulation, and
the voter must be notified of the disposition and treatment of
the vote. Requires that all voting systems and polling places
must be accessible for disabled voters and voters with special
needs, and provides those voters with the same opportunity for
access and participation as other voters. Requires alternative
language accessibility for those with limited proficiency in
English, by 2006. Requires that a state's error rate does not
exceed the determined voting systems error rate standard by
2006. Requires the Attorney General to verify that the state
certification is accurate and to enforce the minimum standards.
Adds a new section 504, entitled Technical Specifications and
Guidelines, that specifies that accessibility requirements of
voting systems and polling places must be developed by the
Architectural and Transportation Barrier Compliance Board, in
consultation with the Election Assistance Commission and the
Office of Civil Rights of the Department of Justice, which must
develop provisional voting requirements, alternative language
accessibility requirements, correction of errors in voting
systems requirements, and voting error standards. Requires that
these specifications and guidelines must be developed no later
than one year after the enactment of this legislation. Requires
that the minimum standards must apply no later than January 1,
2006.
Results: Defeated 3 to 7.
Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea;
Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 62
Date: December 11, 2001.
Measure: H.R. 3295.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the Hastings of Florida
amendment to amend the bill's section on minimum national
standards to include full accessibility to polling places, as
well as full accessibility to technology, for people with
disabilities as a requirement for states to receive money.
States must meet voluntary minimum standards to receive any
funding.
Results: Defeated 3 to 7.
Vote by Members: Goss--Nay; Pryce--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Myrick--Nay; Reynolds--Nay; Frost--Yea;
Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.
summary of amendment to be considered as adopted
(Summaries derived from information provided by sponsors.)
Ney--Manager's Amendment. Requires jurisdictions receiving
funds under the punch card replacement program to ``consider
the use of new technology by individuals with disabilities
(including blindness).'' Specifies that the term ``physical
disabilities'' includes blindness. Clarifies the Commission
structure to demonstrate that the Election Assistance
Commission (EAC) consists of the 4 members appointed by the
President and in addition the Advisory Board and the Standards
Board. Changes the appointment to the standards board from the
chief state election official to a selected state election
official. Requires states receiving funds to report to the EAC
on how they were spent. Allows a single absentee ballot
application from a military or overseas voter to suffice as an
application for each subsequent election in the state, through
the next 2 general federal elections. Requires states procuring
new voting machines within their jurisdiction to ensure that
they allow for second chance voting. Requires overseas and
military voter participation to be separately reported. Strikes
Title 7, which allowed official election mail to be mailed at
50% of the first class rate. Inserts the term ``either'' in
section 902, to clarify that a voter can only be removed from
the registration rolls after the voter has both failed to vote
in two consecutive elections for federal office, and not
responded to a notice.
text of amendment to be considered as adopted under the rule
In section 102(a)(2), strike the semicolon and insert the
following: ``, and will consider the use of new technology by
individuals with disabilities (including blindness)''.
Amend section 201 to read as follows:
SEC. 201. ESTABLISHMENT.
There is hereby established as an independent entity in the
executive branch the Election Assistance Commission (hereafter
in this title referred to as the ``Commission''), consisting of
the members appointed under this part. Additionally, there is
established the Election Assistance Commission Standards Board
(including the Executive Board of such Board) under part 2 and
the Election Assistance Commission Board of Advisors under part
2.
In section 202(2), strike the semicolon and insert the
following: ``, and providing information and training on the
management of the grants provided under such subtitle;''.
Amend section 213(a)(1)(A) to read as follows:
(A) 55 shall be State election officials
selected by the chief State election officials
of each State.
In section 213(b)(1)--
(1) in the matter preceding subparagraph (A), strike
``a State'' and insert ``the chief State election
official of the State''; and
(2) in subparagraph (A), strike ``the chief State
election official of the State'' and insert ``the
selected State election official''.
In section 213(b)(2), strike ``chief election official'' and
insert ``selected State election official''.
In section 213(c)(1)(A), strike ``chief''.
In section 221(a)(1)(D), insert ``(including blindness)''
after ``disabilities''.
In the second sentence of section 221(a)(4), insert
``(including blindness)'' after ``disabilities''.
In section 231(b)(8), insert ``(including blindness)'' after
``disabilities''.
In section 233(a)(4), insert ``(including blindness)'' after
``disabilities'' each place it appears in subparagraphs (A) and
(B).
Add at the end of part 1 of subtitle C of title II the
following new section (and conform the table of contents
accordingly):
SEC. 235. REPORTS.
Not later than the 6 months after the end of each fiscal year
for which a State received an Election Fund payment under this
part, the State shall submit a report to the Commission on the
activities conducted with the funds provided during the year,
and shall include in the report--
(1) a list of expenditures made with respect to each
category of activities described in section 231(b); and
(2) the number and type of articles of voting
equipment obtained with the funds.
In section 261(e)(4), insert ``(including blindness)'' after
``disabilities''.
In section 262(b), insert ``(including blindness)'' after
``disabilities''.
In section 502(1), strike ``a Statewide'' and insert ``an
official Statewide''.
In section 502(6), insert ``(including blindness)'' after
``disabilities''.
In the second sentence of section 502(7), strike ``replacing
all voting machines within their jurisdiction'' and insert the
following: ``procuring new voting machines within their
jurisdiction, except for States and units replacing or
supplementing existing equipment (within the same voting
system),''.
In section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act, as proposed to be amended by section
604(b) of the bill--
(1) in subsection (a), strike ``an application for''
and all that follows and insert the following: ``an
application for an absentee ballot for each subsequent
election for Federal office held in the State through
the next 2 regularly scheduled general elections for
Federal office (including any runoff elections which
may occur as a result of the outcome of such general
elections), the State shall provide an absentee ballot
for each such election.''; and
(2) in subsection (c)(1), strike ``during a year''
and insert ``for which the voter may be provided an
absentee ballot under subsection (a)''.
Amend section 605(c) to read as follows:
(c) Providing Statistical Analysis of Voter Participation for
Both Overseas Voters and Absent Uniformed Services Voters.--
Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is
amended by striking ``a general assessment'' and inserting ``a
separate statistical analysis''.
Strike title VII (and redesignate the succeeding provisions
and conform the table of contents accordingly).
In the matter proposed to be inserted in section 8(b)(2) of
the National Voter Registration Act of 1993 by section 902(a)
of the bill, strike ``has not notified'' and insert ``has not
either notified''.