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106th CONGRESS
2d Session
H. R. 5631
To establish a commission to study and make recommendations with
respect to the Federal electoral process.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2000
Mr. DeFazio (for himself and Mr. Leach) introduced the following bill;
which was referred to the Committee on House Administration
_______________________________________________________________________
A BILL
To establish a commission to study and make recommendations with
respect to the Federal electoral process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Elections Review Commission
Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION; MEMBERSHIP.
(a) Establishment.--There is established a commission to be known
as the Federal Elections Review Commission (hereafter in this Act
referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission shall be to study the
nature and consequences of the Federal electoral process and make
recommendations to ensure the integrity of, and public confidence in,
Federal elections.
(c) Membership.--The Commission shall be composed of 12 members,
who shall be appointed as follows:
(1) Three members shall be appointed by the President pro
tempore of the Senate based on recommendations by the majority
leader of the Senate.
(2) Three members shall be appointed by the President pro
tempore of the Senate based on recommendations of the minority
leader of the Senate.
(3) Three members shall be appointed by the Speaker of the
House of Representatives.
(4) Three members shall be appointed by the minority leader
of the House of Representatives.
(d) Qualifications of Members.--Members shall be appointed to the
Commission from among individuals who--
(1) have expertise in Federal election laws, the United
States Constitution, and the history of the United States, or
other pertinent qualifications or experience; and
(2) are not officers or employees of the United States.
(e) Other Considerations.--In appointing members of the Commission,
every effort shall be made to ensure that the members--
(1) represent a broad cross section of regional and
political perspectives in the United States; and
(2) provide fresh insights to analyzing the Federal
electoral process in order to maintain the integrity of, and
public confidence in, such process.
(f) Period of Appointment; Vacancies.--(1) Members of the
Commission shall be appointed not later than 60 days after the date of
enactment of this Act. Appointments shall be for the life of the
Commission.
(2) Any vacancy in the Commission shall not affect the powers of
the Commission, and shall be filled in the same manner as the original
appointment.
(g) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(h) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(i) Additional Meetings.--The Commission shall meet at the call of
the chairperson.
(j) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(k) Voting.--A vote of a member of the Commission with respect to
the duties of the Commission shall have the same weight as the vote of
any other member of the Commission.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall examine the nature and
consequences of the Federal electoral process and make recommendations
to ensure the integrity of, and public confidence in, Federal
elections.
(b) Specific Issues To Be Addressed.--The Commission shall examine
and report to the President, the Congress, and the Federal Election
Commission on, at a minimum, the following:
(1) The historic rationale for the electoral college, its
impact on Presidential elections, and the advisability of its
abolition or other options for reform, including the
possibility of proportional allocation of electors within
States.
(2) Voter registration issues, including same-day
registration, universal registration, the impact of motor voter
registration, and the accuracy of voter registration rolls.
(3) Ballot access issues, including the role of mail-in
balloting in Federal elections, and the distinction between
mail-in and absentee balloting, and the uniformity or lack
thereof of the deadlines for the receipt of ballots.
(4) The feasibility and advisability of voting through the
Internet.
(5) The impact of polling place closing times, the number
and accessibility of polling places, and training of poll
workers.
(6) The impact of the physical ballot design, including the
technology used to cast and count votes and the uniformity of
such technology, consideration of a uniform design standard,
and the impact of the language used on ballots, simplicity of
language, and the use of foreign language ballots.
(7) The adequacy of options available to voters and
candidates to seek redress for electoral irregularities.
(8) The precedent for holding elections on a Tuesday in
November and the feasibility and advisability of changing to
multiple day elections, weekend elections, or expanding early
voting options, with a particular focus on the impact on voter
turnout.
(9) The history of Presidential debates, the role of the
Federal Election Commission on Presidential debates, including
the criteria established for participation in such debates, and
options for reform.
(10) The impact of winner-take-all voting, and the
feasibility and advisability of election reforms such as
instant runoff voting, proportional representation, candidates
appearing on multiple ballot lines, and cumulative voting, with
a particular focus on the impact on voter turnout and expanding
political dialog.
(11) The feasibility and advisability of limiting
campaigns, including advertising and fundraising, to a set
period of time.
(12) The feasibility and advisability of uniform national
poll closing times in Presidential elections.
(13) The Presidential primary process and options for
reform.
SEC. 4. FINAL REPORT.
(a) In General.--Not later than 12 months after the date of the
initial meeting of the Commission, the Commission shall submit to the
President and the Congress a final report including--
(1) the findings and conclusions of the Commission; and
(2) recommendations for addressing the problems identified
as part of the Commission's analysis.
(b) Separate Views.--Any member of the Commission may submit
additional findings and recommendations as part of the final report.
SEC. 5. POWERS.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times places, take such testimony, and receive such evidence as
the Commission may find advisable to fulfill the requirements of this
Act. The Commission shall hold at least one hearing in the District of
Columbia, and at least four hearings in other regions of the United
States.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--Each member of the Commission shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission.
(b) Staff.--(1) The chairperson of the Commission may appoint staff
of the Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code.
(2) The employment of an executive director of the Commission shall
be subject to the approval of the Commission.
(3) The rate of pay for the executive director and other personnel
of the Commission may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
SEC. 7. SUPPORT SERVICES.
The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the date that is 30
days after the date the Commission submits its final report under
section 4.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for the
Commission to carry out this Act.
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