II
110th CONGRESS
1st Session
S. 737
IN THE SENATE OF THE UNITED STATES
March 1, 2007
Mr. Obama introduced the following bill; which was read twice and referred to the Committee on Rules and Administration
A BILL
To amend the Help America Vote Act of 2002 in order to measure, compare, and improve the quality of voter access to polls and voter services in the administration of Federal elections in the States.
Short title
This Act may be cited as
the Voter Advocate and Democracy Index
Act of 2007
.
Office of the Voter Advocate and state requirement to report voter data
Office of the Voter Advocate
In general
Subtitle A of title II of the Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part:
Office of the voter advocate
Office of the voter advocate
In general
There is established within the Commission an Office of
the Voter Advocate (in this section referred to as the
Office
).
Duties
The Office shall develop and administer a program to—
collect the voter data described in subsection (c) from States with respect to each election for Federal office;
develop, refine, and publish a Democracy Index (as described in subsection (f));
make grants to eligible entities under section 224; and
provide recommendations to States to improve their performance in the administration of Federal elections (as determined based on a State-by-State comparison of the voter data collected under paragraph (1)).
Voter data described
The voter data described in this subsection includes any data the Office determines appropriate for developing or refining the Democracy Index published under subsection (b), which may include the following:
The amount of time spent by voters waiting in line.
The number of voters who appeared at, or were incorrectly directed to, the wrong polling place.
The rate of voter ballots discarded or not counted, and the reasons those voter ballots were discarded or not counted.
Provisional voting rates, including the percentage of provisional ballots that were cast and not counted and the reasons those provisional ballots were not counted.
The number and a description of registration and election day complaints, including any problems faced by individual voters in becoming involved and effectively participating in the process and the reasons given for such problems.
The rate of voting system malfunctions and the time required on average to put malfunctioning voting systems back online or otherwise correct the malfunction, or to replace them.
Consultation
In general
In developing and refining the Democracy Index published under subsection (b), the Office shall consult an independent Board of Advisors (as described in paragraph (2)).
Independent Board of Advisors
The Independent Board of Advisors consulted under paragraph (1) shall be composed of 20 members, selected by the Office from—
the academic, nonprofit, and election administration communities; and
Citizen Advisors nominated by the chief State election official of each State.
Coordination with States
The Office may, in coordination with a State, select precincts within the State on a sample basis from which to draw the information described in subsection (c) in order to form statistical conclusions. In forming such statistical conclusions, the Office may append the information collected from the samples to other information provided by the State that was collected with respect to elections for Federal office in that State.
Democracy Index
The Democracy Index published under subsection (b) shall include the information described in subsection (c) with respect to each election for Federal office, presented on a State-by-State basis that allows for—
comparisons and rankings between States along each category of voter data collected under this section; and
an aggregate ranking of each State across all categories of such voter data.
Report
The Office shall submit an annual report to Congress and to chief State elections officials of each State that includes the voter data collected under subsection (b), together with any recommendations for—
improving the types of voter data that are collected and included in the Democracy Index published under such subsection; and
taking into consideration the voter data collected under such subsection, legislation or administrative action to improve State performance in the administration of Federal elections (as determined based on a State-by-State comparison of such voter data).
Democracy index pilot program
Establishment
In general
The Office shall establish a Democracy Index Pilot
Program (in this section referred to as the pilot program
) for
calendar year 2008 to make grants to eligible entities for the purpose of
creating a Democracy Index (consistent with the requirements of section
223).
Eligible entity
In this section, the term eligible entity
means—
a State;
a nonprofit voting rights organization; and
any other organization the Office determines appropriate for the purpose of carrying out this section.
Duration
The pilot program shall be conducted with respect to the general election for Federal office held in 2008.
Use of funds
A grant awarded under subsection (a) shall be used for the following purposes:
For the collection of voter data described in section 223(c) through survey research.
The development and implementation of innovative proposals for adding—
to the types of voter data collected under such section; and
efficient mechanisms for collecting such voter data.
The development and use of methodologies to check such voter data for accuracy and uniformity.
Publication of program scope and measures
Not later than 6 months before the general election held in 2008, the Commission shall publish a description of the scope of the program, including—
the voter data that will be included in the Democracy Index (consistent with the requirements of section 223); and
which States will receive a grant and participate in the pilot program under this section.
Report
Not later than 6 months after the regularly scheduled general election for Federal office held in 2008, the Office shall submit a report to Congress and each chief State election officials on the pilot program conducted under this section, together with recommendations for such legislation and administrative action as the Secretary determines appropriate.
Funding
There are authorized to be appropriated such sums as are necessary to carry out this part.
.
Conforming amendment
The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 222 the following:
PART 4—Office of the Voter Advocate
Sec. 223. Office of the Voter Advocate.
Sec. 224. Democracy Index Pilot Program.
Sec. 225. Funding.
.
State requirement
In general
Title III of the Help America Vote Act of 2002 is amended—
by redesignating sections 304 and 305 as sections 305 and 306, respectively; and
by inserting after section 303 the following new section:
Reporting of State voter data
In general
Each State shall submit to the Office of the Voter Advocate the voter data described in section 223(c) with respect to each election for Federal office. Such voter data shall be submitted at the time and place, and in the manner, requested by the Office of the Voter Advocate.
Effective date
This section shall apply with respect to general elections for Federal office held after 2008.
.
Enforcement
Section
401 of the Help America Vote Act of 2002 is amended by striking and
303
and inserting 303, and 304
.
Conforming amendment
The table of contents of the Help America Vote Act of 2002 is amended—
by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and
by inserting after the item relating to section 303 the following:
.