“TEXT OF AMENDMENTS” published by Congressional Record on March 4, 2002

“TEXT OF AMENDMENTS” published by Congressional Record on March 4, 2002

Volume 148, No. 21 covering the 2nd Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S1424-S1427 on March 4, 2002.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2966. Mr. NICKLES submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

In the matter proposed to be inserted, insert ``, but excluding any charge for public service announcements'' after

``the 365-day period preceding the date of the use''.

____

SA 2967. Mr. KENNEDY (for himself and Mr. Leahy) submitted an amendment intended to be proposed to amendment SA 2936 submitted by Mr. Hatch and intended to be proposed to the bill (S. 565) to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the following:

SEC. ____. SENSE OF THE SENATE ON MAKING THE PROVISIONS OF

THE VOTING RIGHTS ACT OF 1965 PERMANENT.

It is the sense of the Senate that the Voting Rights Act of 1965 was one of the most significant laws enacted by Congress in the 20th century, and it has full support of the Senate today. In order to ensure the continuing constitutionality of that Act, any proposed amendments or changes, including making sections 4 and 203 permanent, warrant full review and consideration by the Judiciary Committee before being considered by the full Senate. Since the Act does not expire until 2007, the Senate, and the Judiciary Committee, should take every necessary step between now and then to develop a substantial record that will ensure that any changes or amendments to the Act will withstand constitutional scrutiny.

____

SA 2968. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. ____. MODIFICATION TO REQUIREMENTS FOR VOTERS WHO

REGISTER BY MAIL.

Section 103(b)(1)(B) is amended to read as follows:

``(B)(i) the individual has not previously voted in an election for Federal office in the State; or

``(ii) the individual has not previously voted in such an election in the jurisdiction and the jurisdiction is located in a State that does not have a computerized list that complies with the requirements of section 103(a).''.

SEC. ____. INAPPLICABILITY OF REQUIREMENTS FOR VOTERS WHO

REGISTER BY MAIL TO CERTAIN STATES.

In addition to the exceptions under paragraph (3) of section 103(b), paragraph (1) of such section shall not apply in the case of a person who votes by mail-in-ballot and who is registered to vote in a State in which in excess of 45 percent of the voting population voted by mail-in-ballot in the November 2000 elections for Federal office.

SEC. ____. REVISED EFFECTIVE DATE FOR REQUIREMENTS FOR VOTERS

WHO REGISTER BY MAIL.

Notwithstanding section 103(d)(2)--

(1) each State and locality shall be required to comply with the requirements of section 103(b) on and after January 1, 2004, and shall be prepared to receive registration materials submitted by individuals described in paragraph (2) on and after the date described in such subparagraph; and

(2) the provisions of section 103(b) shall apply to any individual who registers to vote on or after January 1, 2003.

SEC. ____. SAFE HARBOR PROVISIONS.

Notwithstanding sections 104(b), 203(c), 212(d), and 222(d), the safe harbor provisions contained in such sections shall only provide immunity from actions brought under this Act.

SEC. ____. CLARIFICATION OF PROVISIONS RELATING TO COMPLIANCE

WITH EXISTING FEDERAL LAW.

(a) State Plans.--The assurances provided by a State under section 202(a)(3) that the State will comply with existing Federal laws, including the laws described in such section, need only be provided insofar as such laws relate to the provisions of this Act.

(b) Request for Certification.--The specific and detailed demonstration provided by a State or locality under section 212(c)(1)(A) that the State or locality will comply with the laws described in such section need only be provided insofar as such laws relate to the provisions of this Act.

SEC. ____. STUDY AND REPORT ON FIRST TIME VOTERS WHO REGISTER

BY MAIL.

(a) Study.--

(1) In general.--The Election Administration Commission established under section 301 (in this section referred to as the ``Commission'') shall conduct a study of the impact of section 103(b) on voters who register by mail.

(2) Specific issues studied.--The study conducted under paragraph (1) shall include--

(A) an examination of the impact of section 103(b) on first time mail registrant voters who vote in person, including the impact of such section on voter registration;

(B) an examination of the impact of such section on the accuracy of voter rolls, including preventing ineligible names from being placed on voter rolls and ensuring that all eligible names are placed on voter rolls; and

(C) an analysis of the impact of such section on existing State practices, such as the use of signature verification or attestation procedures to verify the identity of voters in elections for Federal office, and an analysis of other changes that may be made to improve the voter registration process, such as verification or additional information on the registration card.

(b) Report.--Not later than 18 months after the date described in section 103(b)(2)(A), the Commission shall submit a report to the President and Congress on the study conducted under subsection (a)(1) together with such recommendations for administrative and legislative action as the Commission determines is appropriate.

SEC. ____. REVISION OF RELATIONSHIP TO OTHER LAWS.

Notwithstanding section 402(a), nothing in this Act may be construed to authorize or require conduct prohibited under the following laws, or supersede, restrict, or limit any of the laws described in such section.

____

SA 2969. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. ____. MODIFICATION TO REQUIREMENTS FOR VOTERS WHO

REGISTER BY MAIL.

Section 103(b)(1)(B) is amended to read as follows:

``(B)(i) the individual has not previously voted in an election for Federal office in the State; or

``(ii) the individual has not previously voted in such an election in the jurisdiction and the jurisdiction is located in a State that does not have a computerized list that complies with the requirements of section 103(a).''.

SEC. ____. INAPPLICABILITY OF REQUIREMENTS FOR VOTERS WHO

REGISTER BY MAIL TO CERTAIN STATES.

In addition to the exceptions under paragraph (3) of section 103(b), paragraph (1) of such section shall not apply in the case of a person who votes by mail-in-ballot and who is registered to vote in a State in which in excess of 45 percent of the voting population voted by mail-in-ballot in the November 2000 elections for Federal office.

SEC. ____. CLARIFICATION WITH RESPECT TO MAIL VOTER

REGISTRATION.

Materials submitted by individuals under clauses (i) and

(ii) of section 103(b)(3)(A) shall not be considered to be a mail voter registration application form described in paragraph (1) of section 6(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(a)) or a mail voter registration form described in paragraph (2) of such section.

SEC. ____. REVISED EFFECTIVE DATE FOR REQUIREMENTS FOR VOTERS

WHO REGISTER BY MAIL.

Notwithstanding section 103(d)(2)--

(1) each State and locality shall be required to comply with the requirements of section 103(b) on and after January 1, 2004, and shall be prepared to receive registration materials submitted by individuals described in paragraph (2) on and after the date described in such subparagraph; and

(2) the provisions of section 103(b) shall apply to any individual who registers to vote on or after January 1, 2003. SEC. ____. SAFE HARBOR PROVISIONS.

Notwithstanding sections 104(b), 203(c), 212(d), and 222(d), the safe harbor provisions contained in such sections shall only provide immunity from actions brought under this Act.

SEC. ____. CLARIFICATION OF PROVISIONS RELATING TO COMPLIANCE

WITH EXISTING FEDERAL LAW.

(a) State Plans.--The assurances provided by a State under section 202(a)(3) that the State will comply with existing Federal laws, including the laws described in such section, need only be provided insofar as such laws relate to the provisions of this Act.

(b) Request for Certification.--The specific and detailed demonstration provided by a State or locality under section 212(c)(1)(A) that the State or locality will comply with the laws described in such section need only be provided insofar as such laws relate to the provisions of this Act.

SEC. ____. STUDY AND REPORT ON FIRST TIME VOTERS WHO REGISTER

BY MAIL.

(a) Study.--

(1) In general.--The Election Administration Commission established under section 301 (in this section referred to as the ``Commission'') shall conduct a study of the impact of section 103(b) on voters who register by mail.

(2) Specific issues studied.--The study conducted under paragraph (1) shall include--

(A) an examination of the impact of section 103(b) on first time mail registrant voters who vote in person, including the impact of such section on voter registration;

(B) an examination of the impact of such section on the accuracy of voter rolls, including preventing ineligible names from being placed on voter rolls and ensuring that all eligible names are placed on voter rolls; and

(C) an analysis of the impact of such section on existing State practices, such as the use of signature verification or attestation procedures to verify the identity of voters in elections for Federal office, and an analysis of other changes that may be made to improve the voter registration process, such as verification or additional information on the registration card.

(b) Report.--Not later than 18 months after the date described in section 103(b)(2)(A), the Commission shall submit a report to the President and Congress on the study conducted under subsection (a)(1) together with such recommendations for administrative and legislative action as the Commission determines is appropriate.

SEC. ____. REVISION OF RELATIONSHIP TO OTHER LAWS.

Notwithstanding section 402, the rights and remedies established by such section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by such section nor any other provision of this Act shall supersede, restrict, or limit the application, nor authorize or require conduct that is prohibited by, any of the laws described in such section.

____

SA 2970. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. . REVISION OF RELATIONSHIP TO OTHER LAWS.

Notwithstanding section 402(a), nothing in this Act may be construed to authorize or require conduct prohibited under the following laws, or supersede, restrict, or limit any of the laws described in such section.

____

SA 2971. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. . MODIFICATION TO REQUIREMENTS FOR VOTERS WHO REGISTER

BY MAIL.

Section 103(b)(1)(B) is amended to read as follows:

``(B)(i) the individual has not previously voted in an election for Federal office in the State; or

``(ii) the individual has not previously voted in such an election in the jurisdiction and the jurisdiction is located in a State that does not have a computerized list that complies with the requirements of section 103(a).''.

____

SA 2972. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. . INAPPLICABILITY OF REQUIREMENTS FOR VOTERS WHO

REGISTER BY MAIL TO CERTAIN STATES.

In addition to the exceptions under paragraph (3) of section 103(b), paragraph (1) of such section shall not apply in the case of a person who votes by mail-in-ballot and who is registered to vote in a State in which in excess of 45 percent of the voting population voted by mail-in-ballot in the November 2000 elections for Federal office.

____

SA 2973. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. . CLARIFICATION WITH RESPECT TO MAIL VOTER

REGISTRATION.

Materials submitted by individuals under clauses (i) and

(ii) of section 103(b)(3)(A) shall not be considered to be a mail voter registration application form described in paragraph (1) of section 6(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(a)) or a mail voter registration form described in paragraph (2) of such section.

____

SA 2974. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. . REVISED EFFECTIVE DATE FOR REQUIREMENTS FOR VOTERS

WHO REGISTER BY MAIL.

Notwithstanding section 103(d)(2)--

(1) each State and locality shall be required to comply with the requirements of section 103(b) on and after January 1, 2004, and shall be prepared to receive registration materials submitted by individuals described in paragraph (2) on and after the date described in such subparagraph; and

(2) the provisions of section 103(b) shall apply to any individual who registers to vote on or after January 1, 2003.

____

SA 2975. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. . SAFE HARBOR PROVISIONS

Notwithstanding sections 104(b), 203(c), 212(d), and 222(d), the safe harbor provisions contained in such sections shall only provide immunity from actions brought under this Act.

____

SA 2976. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. . CLARIFICATION OF PROVISIONS RELATING TO COMPLIANCE

WITH EXISTING FEDERAL LAW.

(a) State Plans.--The assurances provided by a State under section 202(a)(3) that the State will comply with existing Federal laws, including the laws described in such section, need only be provided insofar as such laws relate to the provisions of this Act.

(b) Request for Certification.--The specific and detailed demonstration provided by a State or locality under section 212(c)(1)(A) that the State or locality will comply with the laws described in such section need only be provided insofar as such laws relate to the provisions of this Act.

____

SA 2977. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. ____. STUDY AND REPORT ON FIRST TIME VOTERS WHO REGISTER

BY MAIL.

(a) Study.--

(1) In general.--The Election Administration Commission established under section 301 (in this section referred to as the ``Commission'') shall conduct a study of the impact of section 103(b) on voters who register by mail.

(2) Specific issues studied.--The study conducted under paragraph (1) shall include--

(A) an examination of the impact of section 103(b) on first time mail registrant voters who vote in person, including the impact of such section on voter registration;

(B) an examination of the impact of such section on the accuracy of voter rolls, including preventing ineligible names from being placed on voter rolls and ensuring that all eligible names are placed on voter rolls; and

(C) an analysis of the impact of such section on existing State practices, such as the use of signature verification or attestation procedures to verify the identity of voters in elections for Federal office, and an analysis of other changes that may be made to improve the voter registration process, such as verification or additional information on the registration card.

(b) Report.--Not later than 18 months after the date described in section 103(b)(2)(A), the Commission shall submit a report to the President and Congress on the study conducted under subsection (a)(1) together with such recommendations for administrative and legislative action as the Commission determines is appropriate.

____

SA 2978. Mr. DODD submitted an amendment intended to be proposed by him to the bill S. 565, to establish the Commission on Voting Rights and Procedures to study and make recommendations regarding election technology, voting, and election administration, to establish a grant program under which the Office of Justice Programs and the Civil Rights Division of the Department of Justice shall provide assistance to States and localities in improving election technology and the administration of Federal elections, to require States to meet uniform and nondiscriminatory election technology and administration requirements for the 2004 Federal elections, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add the following:

SEC. ____. REVISION OF RELATIONSHIP TO OTHER LAWS.

Notwithstanding section 402, the rights and remedies established by such section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by such section nor any other provision of this Act shall supersede, restrict, or limit the application, nor authorize or require conduct that is prohibited by, any of the laws described in such section.

____________________

SOURCE: Congressional Record Vol. 148, No. 21

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