Introduction of the Help America Vote Act Amendments Bill

Floor Speech

INTRODUCTION OF THE HELP AMERICA VOTE ACT AMENDMENTS BILL -- (Extensions of Remarks - May 15, 2008)

Ms. NORTON. Madam Speaker, as another presidential election fast approaches, I am pleased to introduce a bill to amend and improve the Help America Vote Act of 2002, HAVA, which was enacted after the chaos of the 2000 presidential election. The genesis of my bill is my own experience and observations from the 2004 elections here in the District of Columbia and campaigning in other parts of the country during the 2004 presidential elections.

The first provision is in response to the long lines that voters have been forced to endure throughout the country that may have deterred significant numbers of voters and would require States to permit counties or other subdivisions upon request to begin voting prior to the scheduled date of an election. During the 2004 election, some subdivisions had voting machines that were modern and plentiful, while other jurisdictions in the same State were burdened with scarce and out-of-date machines, resulting in long lines. In the pivotal state of Ohio, which determined the outcome of the close 2004 presidential election, the controversy was deepened by reports that lines were particularly long in counties where there were large minority populations compared with largely white counties. One reason for the difference is that in many States, voting machines are purchased by counties or other jurisdictions. Differences in income levels, tax bases and other issues often result in large disparities within the same State in the availability of machines. Small changes in the calendar day that voting begins can help eliminate these disparities and the lines that discourage the exercise of the right to vote, and without the often significant capital investment in new equipment.

The second provision of my bill adds a section to HAVA that responds to calls my office received regarding absentee ballots sent in that inadvertently did not include postage, or had insufficient postage. My bill would require officials to accept such absentee ballots. Postage mistakes may be made depending on the number of issues on the ballot and the resulting size and weight of the envelope containing the ballot. The cost to authorities, if any, is de minimis. The public interest in counting every ballot voters have cast outweighs the incidental, virtually immeasurable cost, if any. There should be no doubt that such ballots should be counted.

A third provision amends HAVA to eliminate the confusion that arises when voters go to the incorrect voting sites because they are first-time or infrequent voters or their usual voting site has been changed. To encourage participation, my bill would allow voters registered anywhere in the State to cast a provisional ballot and have it counted and verified. However, voters would be told the correct polling site to allow the option of going to the correct site and thereby avoiding any doubt that their ballots would be counted.

The 2000 presidential election was a calamity of such historic proportions that it cast doubt on the validity of the election of the President of the United States and led to the enactment of HAVA. The continuing problems in the 2004 elections were very serious, unacceptable, and controversial. Although that election was also razor thin close, its problems took longer to surface and there was no delay in the certification and settlement of the final result through the Supreme Court in Bush v. Gore in 2001. However, the 2004 elections were another close call that yielded bitter controversy. Beyond the recent election controversies, the voting franchise is precious enough for us to want and endeavor to protect its full expression. Congress must be willing to learn from our continuing experience to make improvements in protecting the right to vote as they are needed. My bill simply uses the experience from my own district and elsewhere to contribute to this effort.

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