Election Reform Legislation: Comparison of House and Senate Versions of H.R. 3295 (CRS Report for Congress)
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| Release Date |
May 15, 2002 |
| Report Number |
RL31417 |
| Report Type |
Report |
| Authors |
Eric A. Fischer, Resources, Science and Industry Division; and Kevin J. Coleman, Government and Finance Division |
| Source Agency |
Congressional Research Service |
Summary:
In the wake of the November 2000 presidential election, Congress, the states, and various
commissions have examined election procedures, the reliability and costs of different voting
technologies, whether national standards are necessary, and the federal role in the election process.
More than 80 bills addressing various aspects of federal election reform have been introduced in the
107th Congress. One bill, H.R. 3295 , has passed the House and Senate in different
forms and is awaiting conference. The Help America Vote Act (Ney-Hoyer), passed the House on
December 12, 2001. The Martin Luther King, Jr. Equal Protection of Voting Rights Act of 2002
(Dodd-McConnell), passed the Senate on April 11, 2002.
Both bills establish a new federal commission to replace the Office of Election Administration
(OEA) of the Federal Election Commission and also to perform new functions as described in the
bills. The House version also establishes two boards, with broad-based membership, under the new
commission to address aspects of voting system standards. The Senate version establishes a
temporary committee to study Internet voting and related topics.
Both bills provide grants to state and local governments for replacing and improving
registration and voting systems and for improvements in election administration. Ney-Hoyer
provides $2.25 billion total through FY2004 in formula matching grants to replace or improve
punchcard voting systems and for state election funds for general voting improvements.
Dodd-McConnell provides $3.5 billion total through FY2006 in categorical grants to help states and
localities meet the requirements described in the bill, to improve election systems, and to make
polling places accessible, with the last two programs requiring matching funds.
Both bills establish federal standards or requirements, but differ in what those standards address
and how they are applied. They both require that provisional ballots be made available and that
states using voter registration have statewide systems that are accurately maintained.
Dodd-McConnell includes requirements for voter identification. With respect to voting systems and
technology, both address error correction by voters, accessibility for disabled persons, and
auditability. Dodd-McConnell also addresses machine error rate and alternative languages.
Ney-Hoyer provides a statutory basis for the voluntary federal voting system standards and for
certification of voting systems. It addresses performance benchmarks for state voting systems. It
also requires states to develop standards for what constitutes a vote and to implement safeguards for
voting by uniformed and overseas voters. Dodd-McConnell requires the federal government to
promulgate implementation guidelines for its registration, provisional ballot, and voting system
requirements Ney-Hoyer leaves the specific methods of implementing its standards to the discretion
of the states. Both bills would create programs to recruit students to work at the polls on election
day and would make several changes in current law relating to military and overseas voters.
