House-Senate Agreement

THE NEY-DODD-HOYER-MCCONNELL HELP AMERICA VOTE ACT OF 2002
(H.R. 3295)

SUMMARY OF HOUSE-SENATE AGREEMENT

I. TITLE I-ANTIQUATED MACHINE BUY-OUT

• $325 million for buying out punch-card and lever voting machines.

• $325 million in automatic payments to states to improve election administration.

• Each state is guaranteed to receive at least $5 million under this title.

II. TITLE II-ELECTION ASSISTANCE COMMISSION

• A federal commission is established, consisting of 2 Republican appointees and 2 Democratic appointees.

• The Commission has no rulemaking authority but, under prescribed procedures, will issue voluntary guidelines for voting systems and the requirements.

• The Commission carries out the grant programs, provides for the certification and testing of voting systems, and studies election issues.

  Requirements Payments

  $3 billion for meeting the requirements, training poll workers, providing voter education, and improving the administration of federal elections.

  Payments are allocated by formula upon the submission of a state plan, developed in an open manner and subject to public notice and comment, and certain self-certifications.

  Access Grants

  $100 million for increasing polling place access for disabled voters.

  Research Grants

  $20 million for research and development to improve voting technology.

  Pilot Program Grants

  $10 million for pilot programs to test new voting systems and equipment.

  Protection and Advocacy Systems Payments

  $40 million for state protection and advocacy systems.

  National Student and Parent Mock Election

  $200,000 to the National Student and Parent Mock Election to promote voter participation.

   

III. TITLE III-REQUIREMENTS

Each state must:

• Provide voters an opportunity to check for and correct ballot errors in a private and independent manner.

• Have a voting system with a manual audit capacity.

• Provide at least 1 voting machine per precinct that is accessible to the disabled.

• Provide alternative language accessibility pursuant to the Voting Rights Act.

• Have a voting system whose error rate does not exceed the existing rate established by the FEC Office of Election Administration.

• Define what constitutes a legal vote for each type of voting machine used in the state.

• Provide provisional ballots to ensure no individual is turned away at the polls.

• Implement a uniform, centralized computerized statewide voter registration database to ensure accurate lists.

System Integrity

• When registering to vote, individuals must provide a driver's license number or, if the voter does not have a driver's license, the last 4 digits of the Social Security number. If an individual does not have either number, he or she will be assigned a unique identifier.

• First-time voters who register by mail are required to provide identification when they cast their ballots.

• States are obligated to maintain clean and accurate voter registration lists.

• Voters who cast their ballots after the designated poll-closing time as a result of a court order will have their ballots segregated and counted separately.

IV. TITLE IV-ENFORCEMENT

• DOJ may seek injunctive or declaratory relief for violations of the Act.

• Each state receiving funds under the Act must establish an administrative grievance procedure for hearing complaints. States not accepting funds under the Act must either establish a grievance procedure or submit a compliance plan with DOJ.

V. TITLE V-HELP AMERICA VOTE COLLEGE PROGRAM

• $5 million to encourage college students to participate in the political process by volunteering as poll workers.

VI. TITLE VI-HELP AMERICA VOTE FOUNDATION

• $5 million to encourage high school students to participate in the political process by volunteering as poll workers.

VII. TITLE VII-MILITARY

• Provisions to improve ballot access for military and overseas voters.

VIII. TITLE VIII-TRANSITION PROVISIONS

• Transition provisions from House- and Senate-passed bills.

IX. TITLE IX-MISCELLANEOUS

• The Commission is authorized to conduct audits, including special audits.

• Criminal penalties for conspiracy to deprive voters of a fair election and providing false information in registering and voting.