Establishing Program to Make Grants Regarding Backup Paper Ballots

Floor Speech

ESTABLISHING PROGRAM TO MAKE GRANTS REGARDING BACKUP PAPER BALLOTS

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Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time as I may consume.

I introduced H.R. 5803 at the request of election advocates and elected officials as a simple solution to deal with some of the problems jurisdictions may face this election day.

The bill provides reimbursements through grants to jurisdictions that choose to provide backup paper ballots in the event of voting machine failure or some other emergency situation for this November's election. The language in the legislation has been crafted, at the request of State and local governments, to allow them to decide what constitutes an emergency situation. That could mean anything from machine failure to long lines to problems with polling place staffing. It is fully up to the jurisdiction to determine what justifies the use of backup paper ballots and how to distribute them.

As mentioned, this is 100 percent optional. If States already use paper, including electronic machines with a voter verifiable paper audit trail, it's unlikely they would apply for a grant.

Of the 14 States that use electronic voting machines without paper trails, only 5 have no paper requirements at all and 9 States and the District of Columbia only use these machines in some jurisdictions. All this legislation provides is an additional method of instilling voter confidence. The grants provided in this bill allow jurisdictions to have a contingency plan, backup paper ballots, in case there are mistakes by poll workers or another cause and to determine when and how to implement that plan. Another provision included in the legislation allows the jurisdiction to determine when and how the backup paper ballots are distributed to voters.

The bill has been drafted in full cooperation with and is supported by the National Council of State Legislators, the National Association of County Officials, and the National Association of

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Secretaries of State. All those organizations have submitted letters of support, as has Ohio Secretary of State Brunner, who calls it ``meaningful and respectful of State authority in election administration matters.''

In addition to the support of State and local governments, the bill is supported by election integrity groups, including People for the American Way, the Brennan Center, the Lawyers Committee For Civil Rights Under the Law, Common Cause, Verified Vote, Counted as Cast, and just today the NAACP Legal Defense Education Fund. Additional input was provided by disability rights groups who have told us that the bill has no adverse impact on their community and that they approve the language.

As we have seen, broad support for election-related legislation is not easy to accomplish. Backup paper ballots are a unifying factor between election officials and election advocates. It's 100 percent optional, and the responsibility and mechanisms for implementation is left to the State and local officials. The bill is a measured and proactive step towards improving the system of election administration for this November.

Voter turnout in the 2008 presidential primaries was at 28 percent of the country's estimated eligible voters. That's a record one in four eligible voters, actually slightly more. The turnout rate has not been that high since 1972, when the voting age was lowered to 18. Given this record primary turnout, providing State and local jurisdictions the option to have backup paper ballots could mitigate any challenges they may face on Election Day in November. This bill helps ensure election integrity and national electoral confidence and respects State and local jurisdictions' responsibility to administer elections.

I would also note that given the fiscal situation of most States and most counties, providing some assistance in this paper ballot measure is extremely important. I know, for example, in my own State of California there is a tremendous multibillion-dollar budget deficit that is mimicked in counties throughout the State. We have received a report from CRS that outlines various things that could concern us, including long lines in jurisdictions that have DREs. The paper ballot backup measure could help mitigate against that problem.

And, finally, I would note that the cost of this measure, this authorization, is really the price we pay every day for an afternoon in Iraq. Surely we can spend the equivalent of an afternoon in Iraq to preserve, protect, and defend our own electoral system in one of the most important elections our Nation will see this November.

With that, I would urge the passage of the bill.

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Ms. ZOE LOFGREN of California. Mr. Speaker, I would just note before recognizing Representative Gonzalez that this is an authorization measure but there is money that has already been appropriated and allocated to States under HAVA that if we pass this would then become available for the backup paper ballots.

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Ms. ZOE LOFGREN of California. Mr. Speaker, I would urge that we approve this very modest measure. As has been noted by the White House in their statement today, there is $1 billion that has been appropriated and remains unspent by States to prepare and conduct the 2008 elections. Most of those funds are allocated to the purchase of DREs that have been so troublesome, and this authorization would allow for a very modest portion of a maximum of $75 million of that appropriated funds to be used for backup paper ballots.

In my own county of Santa Clara, we ran out of ballots this election year, and people were scrambling. That was before the massive budget cuts that the county is facing. And I will just say this. Having been on the board of supervisors for longer than I have been in the United States House of Representatives, I understand how tough it is to balance those budgets. At local government, there is no deficit spending. What you have got is what you can spend. So county boards of supervisors all over the country are trying to figure out how to run an election with local funds and also keep the county hospital open and also fund the sheriff's department and also keep the parks open and keep the streets paved.

I fear that backup paper ballots in November are not going to compete with some of the more pressing needs and so this bill is enormously important. We can pass it today and have a more orderly election so that no American is denied their right to vote. I urge Members to put partisanship aside, to support this very modest measure that is supported by election officials all over the United States.

Mr. Speaker, I yield back the balance of my time.

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