Law and Criminal Justice

NCSL Works Closely with House Administration Committee on Election Reform

The House Administration Commitee held a full committee markup on April 2nd, 2008 on several issues including election reform. H.R. 281 and H.R. 5036 both passed by voice vote.

NCSL wrote to the committee on each of these bills and each letter was introduced for the record.

To view NCSL's letters please click below:

NCSL Letter - H.R. 281

Download PDF Version, NCSL Letter - H. R. 281. To view PDF files, you must install Adobe Acrobat Reader.

NCSL Letter - H.R. 5036

Download PDF Version, NCSL Letter H.R. 5036. To view PDF files, you must install Adobe Acrobat Reader.

Summaries provided by NASS

H.R. 281 (Universal Right to Vote by Mail Act) – Passed by Voice Vote

Rep. Davis(D-CA) introduced this bill and said that she had been working with her Republican colleagues from CA on some provisions that she agreed to incorporate into the bill. She said that any eligible voter should have the option to vote absentee and that the patchwork of state laws that require notarizations, doctors notes, relinquishing privacy about when a voter will be out of town was unfair to the voters in those states that have them while voters in other states can request an absentee ballot without additional conditions. She said that she had agreed to two amendments introduced by the minority – one was to extend the deadline to 2010 and the other was to agree to signature verification requirements. Amendment language has not been made available electronically yet. Ranking Member Ehler’s said he is concerned that appropriate safeguards be in place by election administrators to ensure the integrity of the process. He also introduced a letter for the record from NCSL citing their “grave concerns” about H.R. 281 and the fact that it would preempt state legislation in nearly half the states. His amendment (#1) to extend implementation to 2010 instead of November 2008 was accepted by Rep. Davis as a friendly amendment. He also introduced an amendment (#2)that would have required the states to add additional language to an absentee request and ballot that would say that the request and the casting of the ballot was voluntary and not coerced in any way – and that this would be added to the section that voters would sign – this would not require an additional signature. Rep. Capuano (D-MA) suggested that “under penalty of perjury” be removed because the voter , if coerced, is a victim. Mr. Ehlers agreed to continue to work with Rep. Davis and others on improving this language and agreed to table this amendment. Mr. Ehlers introduced final amendment that said that states could still require eligibility components for requesting an absentee ballot if they did so prior to this legislation (a grandfathering amendment). He said that the committee could then continue to work with the states not implementing to show them that universal absentee is a better way. Rep. Davis stated that this in effect would “gut” her bill. There was a roll call vote on this amendment and it was defeated. Majority – 4 nays, Minority 3-yeas.

Rep. McCarthy (R-CA) introduced his amendment to require signature verification by a state-selected method. Rep. Davis accepted his amendment as a friendly amendment. Rep. McCarthy then discussed his next amendment which would be to strip some language from the existing bill which he said could have unintended consequences. He said he didn’t think it was Rep. Davis’ intent for the language to be as broad as he was concerned it might be interpreted by the courts. He said he was concerned that the language in the bill might strip states of the ability to determine a voter’s eligibility. She said the legislation is silent on that and it was her intent that the states should still determine eligibility. After a lengthy discussion, Rep. McCarthy didn’t ask for a vote on his amendment stating that the collequiy for the record and Rep. Davis declaring the intent of the bill, he was satisfied that his issue was addressed. Rep. Lundgren (R-CA) said in his statement that he thinks to say that we have a right to an absentee ballot is an overstatement.

H.R. 5036 (Emergency Assistance for Secure Election Act of 2008) – Passed by Voice Vote

Chairman Brady (D-PA) introduced the legislation and stated that it was an opt-in and voluntary bill and that Subcommittee Chair Lofgren (D-CA) was introducing a managers amendment. The language she introduced was the bill that I email out to everyone last Friday and summarized and distributed on Monday. Ranking Member Ehlers restating that he was pleased that states were not required to participate. He also said he was pleased that the majority had agreed to many of his amendments already. An amendment (#1) clarifying that the election officials must secure the ballots at the polling place or in local election official office (absentee ballots) and that 8 hours after the polls close the initial hand count should be conducted. An amendment (#2) that changes language on page 12 line 13 in the audit section to say they final unofficial vote count announced by the state “or jurisdiction involved.” An amendment (#4) to amend page 19 (relating to hand counts) that rather than 2 and 2 – it would be an equal number of people representing the political parties whose candidates received the greatest number of votes and the second greatest number of votes in November 2006. All amendments were voted on and passed unanimously. The final amendment he had also dealt with handcounting and it said that if the state chose to it could run the ballots through a tabulating machines for verification of the hand count tally. The use of the tabulating machine or scanner shall be solely to verify the tally determined by the hand count and not to substitute another tally of the ballots. This amendment, after some discussion was also adopted. Rep. Capuano (D-MA) then made a comment that he has serious concerns about this bill but that he thinks it is better than what we had before. He thinks it goes to far in telling local officials how to do things they already are well versed on doing. Mr. Ehlers also introduced a letter from NCSL and a letter from Secretary of State Robin Carnahan for the record. The committee then voted on the bill and it passed by a unanimous voice vote.

Updated April 4, 2008

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