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Voter Registration (2)
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21717404
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Voter Registration (2)
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Vernon C. Loen and Charles Leppert Files
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The original documents are located in Box 27, folder "Voter Registration (2)" of the Loen
and Leppert Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 27 of the Loen and Leppert Files at the Gerald R. Ford Presidential Library
Union Calendar No. 331
94TH CONGRESS
1ST SESSION
H. R. 1686
[Report No. 94-669]
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 1975
Mr. HAYS of Ohio introduced the following bill; which was referred to the
Committee on House Administration
NOVEMBER 17, 1975
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union. and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A
BILL
To establish a Voter Registration Administration within the Gen-
eral Accounting Office for the purpose of administering a
voter registration program through the Postal Service.
1
Be it enacted by the Senate and House of Representa-
2
tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Voter Registration Act".
4
DEFINITIONS
5
SEC. 2. As used in this Act
6
(1) the term "Administration" means the Voter
7
Registration Administration;
8
(2) the term "State" means each State of the
9
United States, the political subdivisions of each State,
I-0
2
3
1
the Commonwealth of Puerto Rico, the Virgin Islands,
1
(b) The President shall appoint, by and with the advice
2
Guam, and the District of Columbia;
2 and consent of the Senate, an Administrator and two Asso
3
(3) the term "Federal office" means the office of
3 ciate Administrators for terms of four years each, who may
4
the President, the Vice President, an elector for Presi-
4 continue in office until a successor is qualified. An individual
5
dent and Vice President, a Senator, a Representative, or
5 appointed to fill a vacaney shall serve the remainder of the
6
a Delegate to the Congress;
6 term to which his prodecessor was appointed. The Associate
7
(4) the term "Federal election" means any bien
7 Administrators shall not be members of the same political
8
nial or quadrennial primary or general election and any
8 party The Administrator shall be the chief executive officer
9
special election held for the purpose of nominating or
9
of the Administration.
10
electing candidates for any Federal office, including any
10
DUTIES AND POWERS
11
election held for the purpose of expressing voter pref-
11
SEC. 4. The Administration shall
12
erence for the nomination of individuals for election to
12
(1) establish and administer a voter registration
13
the office of President and any election held for the pur-
13
program in accordance with this Act for all Federal
14
pose of selecting delegates to a national political party
14
elections;
15
nominating convention or to a caucus held for the
15
(2) collect, analyze, and arrange for the publica-
16
purpose of selecting delegates to such a convention;
16
tion and sale by the Government Printing Office of
17
(5) the term "State election" means any election
17
information concerning elections in the United States
18
other than a Federal election; and
18
(but this publication shall not disclose any information
19
(6) the term "State official" means any individual
19
which permits the identification of individual voters) ;
20
who acts as an official or agent of a government of a
20
(3) provide assistance to State officials concern-
21
State or political subdivision thereof to register qualified
21
ing voter registration by mail and election problems
22
electors, or to conduct or supervise any Federal election
22
generally;
23
in a State.
23
(4) obtain facilities and supplies and appoint and
24
ESTABLISHMENT OF ADMINISTRATION
24
fix the pay of officers and employees, as may be neces
25
SEC 3. (a) There is established within the General Ac
25
sary to permit the Administration to carry out its duties
26 counting Office the Voter Registration Administration
4
5
1
and powers under this Act, and such officers and em
1
(b) Whenever a Federal election is held in any State,
2
ployees shall be in the competitive service under title 5,
2 the Administration may, upon the request of any State official,
3
United States Code;
3 furnish officers and employees and such other assistance as
4
(5) appoint and fix the pay of experts and consult
4 the dministration and the State official may agree upon to
5
ants for temporary services as authorized under section
5 assist State officials in the registration of individuals applying
6
3109 of title 5, United States Code;
6 to register in that State under the provisions of this Act.
7
(6) provide the Congress with such information as
7
REGISTRATION FORMS
8
the Congress may from time to time request, and pre
8
SEC 6. (a) The Administration shall prepare voter
9
pare and submit to the President and the Congress a
9 registration forms in accordance with the provisions of this
10
report on its activities, and on voter registration and
10 section.
11
elections generally in the United States, immediately
11
(b) Printed registration forms shall be designed to pro-
12
following each biennial general Federal election; and
12 vide a simple method of registering to vote by mail. Regis
13
(7) take such other action as it deems necessary
13 tration forms shall include matter as State law requires and-
14
and proper to carry out its duties and powers under this
14 as the Administration determines appropriate to ascertain-
15
Act.
15 the positive identification and voter qualifications of an indi-
16
QUALIFICATIONS AND PROCEDURE
16 vidual applying to register under the provisions of this Act,
17
SEC. 5. (a) An individual who fulfills the requirements
17 to provide for the return delivery of the completed registra-
18 to be a qualified voter under State law and who is registered
18 tion form to the appropriate State official, and to prevent
19 to vote under the provisions of this Act shall be entitled to
19 fraudulent registration. Registration forms shall also include
20 vote in Federal elections in that State, except that each State
20 a statement of the penalties provided by law for attempting
21 shall provide for the registration or other means of qualifica-
21 fraudulently to register to vote under the provisions of this
22 tion of all residents of such States who apply, not later than
22 Act.
23 thirty days immediately prior to any Federal election, for
23
(c) A registration notification form advising the appli
24 registration or qualification to vote in such election.
24 cant of the acceptance or rejection of his resignation shall
25 be completed and promptly mailed by the State official to
6
7
1 the applicant. If any registration notification form is undeliv
1
(e) The Postal Service shall distribute the registration
2 erable as addressed, it shall not be forwarded to another
2 forms to postal addresses and residences at least once every
3 address but shall be returned to the State official mailing the
3 two years not earlier than one hundred and twenty days or
4 form. The possession of a registration notification form indi
4 later than sixty days prior to the close of registration for
5 cating that the individual is entitled to vote in an election
5 the next Federal election in each State.
6 shall be prima facie evidence that the individual is a qualified
6
(d) The Administration is authorized to enter into
7 and registered elector entitled to vote in any such election
7 agreements with the Secretary of each Military Department
8 but presentation of the form shall not be required to cast
8 of the Armed Forces of the United States for the distribution
9 his ballot.
9 of registration forms at military installations.
10
DISTRIBUTION OF REGISTRATION FORMS
10
(e) This section shall not be construed to place any
11
SEC. 7. (a) The Administration is authorized to enter
11 time limit upon the general availability of registration forms
12 into agreements with the Postal Service, with departments
12 in post offices and appropriate Federal, State, and local
13 and agencies of the Federal Government, and with State
13 government offices pursuant to agreements made under this
14 officials for the distribution of registration forms in accord
14 section.
15 ance with the provisions of this section.
15
PREVENTION OF FRAUDULENT REGISTRATION
16
(b) Any agreement made between the Administration
16
SEC 8. (a) In addition to taking any appropriate action
17 and the Postal Service shall provide for the preparation by
17 under State law, whenever it State official has reason to be
18 the Administration of sufficient quantities of registration forms
18 lieve that individuals who are not qualified electors are
19 SO that the Postal Service can deliver a sufficient quantity of
19 attempting to register to vote under the provisions of this
20 registration forms to postal addresses and residences in the
20 Act, he shall notify the Administration and request its assist-
21 United States and for the preparation of an ample quantity
21 ance to prevent fraudulent registration. The Administration
22 of such forms for public distribution at any post office, postal
22 shall give reasonable and expeditious assistance in such cases,
23 substation, postal contract station, or on any rural or star
23 and shall issue a report on its findings.
24 route.
24
(b) (1) Whenever the Administration or a State official
25 determines that there is a pattern of fraudulent registration,
8
9
1 attempted fraudulent registration, or any activity on the part
1
(b) Any person who deprives, or attempts to deprive,
2 of any individuals or groups of individuals to register individ-
2 any other person of any right under this Act shall be fined
3 uals to vote who are not qualified electors, the Administration
3 not more than $5,000, or imprisoned not more than five
4 or a State official may request the Attorney General to bring
4 years, or both.
5 action under this section. The Attorney General is authorized
5
(c) The provisions of section 1001 of title 18, United
6 to bring a civil action in any appropriate district court of the
6 States Code, are applicable to the registration form prepared
7 United States or the United States District Court for the Dis-
7 under section 6 of this Act.
8 trict of Columbia to secure an order to enjoin fraudulent reg
8
FINANCIAL ASSISTANCE
9 istration, and any other appropriate order.
9
SEC. 10. (a) The Administration shall determine the
10
(2) The district court of the United States or the United
10 fair and reasonable cost of processing registration forms pre-
11 States District Court of the District of Columbia shall have
11 scribed under this Act, and shall pay to each appropriate
12 jurisdiction without regard to any amount in controversy of
12 State an amount equal to such cost per card multiplied by
13 proceedings instituted pursuant to this section.
13 the number of registration cards processed under this Act
14
PENALTIES
14 in that State.
15
SEC. 9. (a) Whoever knowingly or willfully gives false
15
(b) The Administration is authorized to pay any State
16 information as to his name, address, residence, age, or other
16 which adopts the registration form and system prescribed by
17 information for the purposes of establishing his eligibility to
17 this Act as a form and system of registration to be a qualified
18 register or vote under this Act, or conspires with another
18 and registered elector for State elections in that State. Pay
19 individual for the purpose of encouraging his false registration
19 ments made to a State under this subsection may not exceed
20 to vote or illegal voting, or pays or offers to pay or accepts
20
30 per centum of the amount paid that State under subsec-
21 or offers to accept payment either for registration to vote or
21 tion (a) of this section for the most recent general Federal
22 for voting, or registers to vote with the intention of voting
22 election in that State.
23 more than once or votes more than once in the same Federal
23
(e) Payments under this section may be made in in-
24 election shall be fined not more than $10,000, or imprisoned
24 stallments and in advance or by way of reimbursement, with
25 not more than five years, or both.
25 necessary adjustments on account of overpayments or under
26 payments.
H.R. 1686-2
10
11
1
REGULATIONS
1 relating to expanded opportunities of registering to vote and
2
SEC. 11. The Administration is authorized to issue rules
2 voting for electors for President and Vice President; or (2)
3 and regulations for the administration of this chapter. Such
3 the Federal Voting Assistance Act of 1955 (50 U.S.C.
4 regulations may exclude a State from the provisions of this
4 1451 et seq.)
5 chapter if that State does not require a qualified applicant
5
AMENDMENTS TO TITLE 39, UNITED STATES CODE
6 to register prior to the date of a Federal election.
6
SEC. 13. (a) Section 3202 (a) of title 39, United States
7
EFFECT ON OTHER LAWS
7 Code, is amended
8
SEC. 12. (a) Notwithstanding any other provision of
8
(1) by striking out "and" at the end of clause (4) ;
9 this Act, any State that adopts the Federal assistance post
9
(2) by striking out the period at the end of clause
10 card form recommended by the Federal Voting Assistance
10
(5) and inserting in lieu thereof and"; and
11 Act of 1955 (50 U.S.C. 1451 et seq.) with respect to any
11
(3) by adding at the end thereof:
12 category of its electors (1) shall, insofar as such electors
12
(6) mail relating to voter registration pursuant-
13 are concerned, be deemed to be in full compliance with the
13
to sections 6 and 7 of the Voter Registration Act.".
14 provisions of section 6 of this Act and (2) shall be eligible
14
(b) Section 3206 of title 39, United States Code, is
15 to receive payments of financial assistance from the Adminis-
15 amended by adding the following new subsection:
16 tration, as provided in section 10 of this Act, on account of
16
" (d) The Voter Registration Administration shall trans-
17 the simplified and greater voting opportunities thereby
17 for to the Postal Service as postal revenues out of any
18 granted to such electors.
1
18 appropriations made to the Administration for that purpose
19
(b) Nothing in this Act shall be construed to prevent
19 the equivalent amount of postage, as determined by the
20 any State from granting less restrictive registration or voting
20 Postal Service, for penalty mailings under clause (6) of
21 practices or more expanded registration of voting opportuni-
21 section 3202 (a) of this title.".
22 ties than those prescribed by this Act.
22
(e) Section 404 of title 39, United States Code, is
23
(c) Nothing in this Act shall be construed to limit or
23 amended-
24 repeal any provision of (1) section 202 of the Voting
24
(1) by striking out "and" at the end of clause (8)
25 Rights Act Amendments of 1970 (42 -U.S.C. 1973aa-H,
13
12
1
United States, the political subdivisions of each State,
1
(2) by striking out the period at the end of clause
2
the Virgin Islands, Guam, and the District of Columbia;
2
(9) and inserting in lieu thereof ; and"; and
3
(3) the term "Federal office" means the office of
3
(3) by adding at the end thereof the following new
4
the President, the Vice President, an elector for Presi-
4
clause:
5
dent and Vice President, a Senator, a Representative, or
5
"(10) to enter into arrangements with the Voter
6
a Delegate to the Congress;
6
Registration Administration of the General Accounting
7
(4) the term "Federal election" means any bien-
7
Office for the collection, delivery, and return delivery
8
nial or quadrennial primary or general election and any
8
of voter registration forms.".
9
special election held for the purpose of nominating or
9
AMENDMENT TO TITLE 5, UNITED STATES CODE
10
electing candidates for any Federal office, including any
10
SEC 14. Section 5316 of title 5, United States Code, is
11
election held for the purpose of expressing voter pref-
11 amended by adding at the end thereof the following new
12
erence for the nomination of individuals for election to
12 paragraph:
13
13
(132) Administrator and Associate Administra-
the office of President and any election held for the pur-
14
14
tors (2), Voter Registration Administration, General
pose of selecting delegates to a national political party
15
15
Accounting Office.".
nominating convention or to a caucus held for the
16
16
AUTHORIZATION OF APPROPRIATIONS
purpose of selecting delegates to such a convention;
17
17
SEC 15. There are authorized to be appropriated such
(5) the term "State election" means any election
18
18 sums, not to exceed $50,000,000, as may be necessary to
other than a Federal election; and
19
19 carry out the provisions of this Act.
(6) the term "State official" means any individual
20
20
That this Act may be cited as the "Voter Registration Act".
who acts as an official or agent of a government of a
21
21
DEFINITIONS
State or of a county, town, village, city, borough,
22
22
SEC. 2. As used in this Act-
parish, or township election board, or township voter
23
23
(1) the term "Administration" means the Voter
registration board, to register qualified electors, or to
24
24
Registration Administration;
conduct or supervise any Federal election in a State.
25
(2) the term "State" means each State of the
14
15
1
ESTABLISHMENT OF ADMINISTRATION
1
(4) obtain facilities and supplies and appoint and
2
SEC. 3. (a) There is established within the Federal
2
fix the pay for officers and employees, as may be neces-
3
Election Commission the Voter Registration Administration.
3
sary to permit the Administration to carry out its duties
4
(b) The President shall appoint, by and with the advice
4
and powers under this Act, and such officers and em-
5 and consent of the Senate and the House of Representatives,
5
ployees shall be in the competitive service under title 5,
6 an Administrator and two Associate Administrators for terms
6
United States Code;
7 of four years each, who may continue in office until a suc-
7
(5) appoint and fix the pay of experts and consult-
8 cessor is qualified. An individual appointed to fill a vacancy
8
ants for temporary services as authorized under section
9 shall serve the remainder of the term to which his predecessor
9
3109 of title 5, United States Code;
10 was appointed. The Associate Administrators shall not be
10
(6) provide the Congress with such information as
11 members of the same political party. The Administrator shall
11
the Congress may from time to time request, and pre-
12 be the chief executive officer of the Administration.
12
pare and submit to the President and the Congress a
13
DUTIES AND POWERS
13
report on its activities, and on roter registration and
14
SEC. 4. The Administration shall-
14
elections generally in the United States, immediately
15
(1) establish and administer a voter registration
15
following each biennial general Federal election; and
16
program in accordance with this Act for all Federal
16
(7) take such other action as it deems necessary
17
elections;
17
and proper to carry out its duties and powers under
18
(2) collect, analyze, and arrange for the publica-
18
this Act.
19
tion and sale by the Government Printing Office of in-
19
QUALIFICATIONS AND PROCEDURE
20
formation concerning elections in the United States (but
20
SEC. 5. (a) An individual who fulfills the requirements
21
this publication shall not disclose any information which
21 to be a qualified voter under State law and who is registered
22
permits the identification of individual roters)
22 to vote under the provisions of this Act shall be entitled to
23
(3) provide information to State officials concern-
23 vote in Federal elections in that State, except that each State
24
ing voter registration-by-mail and information relating
24 shall provide for the registration or other means of qualifica-
25
to election administration generally:
25 tion of all residents of such States who apply, not later than
16
17
1 thirty days immediately prior to any Federal election, for
1
(c) A registration notification form advising the appli-
2 registration or qualification to vote in such election.
2 cant of the acceptance or rejection of his registration shall
3
(b) Whenever a Federal election is held in any State,
3 be completed and promptly mailed by the State official to
4 the Administration may, upon the request of the State official
4 the applicant. If any registration notification form is undeliv-
5 responsible for conducting elections in such State, furnish
5 erable as addressed, it shall not be forwarded to another
6 officers and employees and such other assistance as the Admin-
6 address but shall be returned to the State official mailing the
7 istration and the State official may agree upon to assist State
7 form. The possession of a registration notification form indi-
8 officials in the registration of individuals applying to register
8 cating that the individual is entitled to vote in an election
9 in that State under the provisions of this Act.
9 shall be prima facie evidence that the individual is a qualified
10
REGISTRATION FORMS
10 and registered elector entitled to vote in any such election
11
SEC. 6. (a) The Administration shall prepare voter
11 but presentation of the form shall not be required to cast
12 registration forms in accordance with the provisions of this
12 his ballot.
13 section.
13
DISTRIBUTION OF REGISTRATION FORMS
14
(b) Printed registration forms shall be designed to pro-
14
SEC. 7. (a) The Administration is authorized to enter
15 vide a simple method of registering to vote by mail. Regis-
15 into agreements with the Postal Service, with departments
16 tration forms shall include matter as State law requires and
16 and agencies of the Federal Government, and with State
17 as the Administration determines appropriate to ascertain
17 officials for the distribution of registration forms in accord-
18 the positive identification and voter qualifications of an indi-
18 ance with the provisions of this section. The Administration
19 vidual applying to register under the provisions of this Act,
19 shall not be required to reimburse the Postal Service for any
20 to provide for the return delivery of the completed registra-
20 transmission of such registration forms made by the Postal
21 tion form to the appropriate State official, and to prevent
21 Service under sections 6 and 7 of the Voter Registration Act.
22 fraudulent registration. Registration forms shall also include
22
(b) Any agreement made between the Administration
23 a statement of the penalties provided by law for attempting
23 and the Postal Service shall provide for the preparation by
24 fraudulently to register to vote under the provisions of this
24 the Administration of sufficient quantities of registration forms
25 Act.
25 so that the Postal Service can deliver a sufficient quantity of
19
18
1
registration forms to postal addresses and residences in the
1
PREVENTION OF FRAUDULENT REGISTRATION
United States and for the preparation of an ample quantity
2
SEC. 8. (a) In addition to taking any appropriate action
2
3 under State law, whenever a State official has reason to be-
3
of such forms for public distribution at any post office, postal
4 lieve that individuals who are not qualified electors are
4 substation, postal contract station, or on any rural or star
5 attempting to register to vote under the provisions of this
5
route. Such agreements also shall provide for the preparation
6 Act, he shall notify the Administration and request its assist-
6 by the Administration, and bulk distribution by the Postal
7 ance to prevent fraudulent registration. The Administration
7 Service, of sufficient quantities of such registration forms
8 shall give reasonable and expeditious assistance in such cases,
8
to any individual, group, or organization requesting such reg-
9 and shall issue a report on its findings.
9 istration forms for the purpose of conducting or participating
10
(b)(1) Whenever the Administration or a State official
10 in a voter registration program.
11 determines that there is a pattern of fraudulent registration,
11
(c) The Postal Service shall distribute the registration
12 attempted fraudulent registration, or any activity on the part
12 forms to postal addresses and residences at least once every
13 of any individuals or groups of individuals to register indi-
13 two years and before each Federal election but not earlier
14 viduals to vote who are not qualified electors, the Adminis-
14 than one hundred and twenty days or later than sixty days
15 prior to the close of registration for the next Federal election
15 tration or a State official may request the Attorney General
16
in each State.
16 to bring action under this section. The Attorney General is
(d) The Administration is authorized to enter into
17 authorized to bring a civil action in any appropriate dis-
17
18 agreements with the Secretary of each military department
18 trict court of the United States or the United States District
19 of the Armed Forces of the United States for the distribution
19 Court for the District of Columbia to secure an order to
20
of registration forms at military installations.
20 enjoin fraudulent registration, and any other appropriate
21
(e) This section shall not be construed to place any
21 order. Any such civil action shall be brought in the district
time limit upon the general availability of registration forms
22 court of the United States within the jurisdiction of which
22
23 in post offices and appropriate Federal, State, and local
23 the fraudulent registration occurred.
24
24 government offices pursuant to agreements made under this
(2) The district courts of the United States shall have
25
section.
20
21
1 jurisdiction without regard to any amount in controversy of
1 State an amount equal to such cost per card multiplied by
proceedings instituted pursuant to this section.
2 the number of registration cards processed under this Act
2
3
PENALTIES
3 in that State.
4
SEC. 9. (a) Whoever knowingly or willingly gives false
4
(b) The Administration is authorized to pay any State
5
information as to his name, address, residence, age, or other
5 which adopts the registration form and system prescribed by
6 information for the purpose of establishing his eligibility to
6 this Act as a form and system of registration to be a qualified
7 register or vote under this Act, or conspires with another
7 and registered elector for State elections in that State. Pay-
8 individual for the purpose of encouraging his false registra-
8 ments made to a State under this subsection may not exceed
9 tion to vote or illegal voting, or pays or offers to pay or ac-
9 30 per centum of the amount paid that State under subsection
10 cepts or offers to accept payment either for registration to vote
10 (a) of this section for the most recent general Federal election
11 or for voting, or registers to vote with the intention of voting
11 in that State.
12 more than once or votes more than once in the same Federal
12
(c) Payments under this section may be made in install-
13 election shall be fined not more than $5,000, or imprisoned
13 ments and in advance or by way of reimbursement, with
14 not more than five years, or both.
14 necessary adjustments on account of overpayments or under-
15
(b) Any person who deprives, or attempts to deprive,
15 payments.
16 any other person of any right under this Act shall be fined
16
REGULATIONS
17 not more than $5,000, or imprisoned not more than five
17
SEC. 11. (a) The Administration is authorized to issue
18 years, or both.
18 rules and regulations for the administration of this Act. Such
19
(c) The provisions of section 1001 of title 18, United
19 rules and regulations may exclude a State from the provisions
20
States Code, are applicable to the registration form prepared
20 of this Act if that State does not require a qualified applicant
21 under section 6 of this Act.
21 to register prior to the date of a Federal election.
22
FINANCIAL ASSISTANCE
22
(b) (1) The Administration, before prescribing any rule
23
SEC. 10. (a) The Administration shall determine the
23 or regulation under this section, shall transmit a statement
24 fair and reasonable cost of processing registration forms pre-
24 with respect to such rule or regulation to the Congress
25 scribed under this Act, and shall pay to each appropriate
25 in accordance with the provisions of this subsection. Such
22
23
1
statement shall set forth the proposed rule or regulation and
1
provisions of section 6 of this Act; and (2) shall be eligible
2
shall contain a detailed explanation and justification of such
2
to receive payments of financial assistance from the Adminis-
3
rule or regulation.
3 tration, as provided in section 10 of this Act, on account of
4
(2) If the Congress approve, through appropriate ac-
4 the simplified and greater voting opportunities thereby
5 tion, any rule or regulation transmitted by the Administration
5 granted to such electors.
6 under paragraph (1) no later than thirty legislative days
6
(b) Nothing in this Act shall be construed to prevent
7 after receipt of such rule or regulation, then the Adminis-
7 any State from granting less restrictive registration or voting
8 tration may prescribe such rule or regulation. The Adminis-
8 practices or more expanded registration of voting opportuni-
9 tration may not prescribe any rule or regulation which is not
9 ties than those prescribed by this Act.
10 approved by the Congress under this paragraph. If any rule
10
(c) Nothing in this Act shall be construed to limit or
11 or regulation is not approved by the Congress during such
11 repeal any provision of (1) section 202 of the Voting
12 period of thirty legislative days, the Administration may
12 Rights Act Amendments of 1970 (42 U.S.C. 1973aa-1),
13 modify or amend such rule or regulation and transmit it to
13 relating to expanded opportunities of registering to vote and
14 both Houses of the Congress for consideration in accordance
14 voting for electors for President and Vice President; or (2)
15 with the provisions of this subsection.
15 the Federal Voting Assistance Act of 1955 (50 U.S.C.
16
(3) For purposes of this subsection, the term "legisla-
16 1451 et seq.).
17 tive days" does not include any calendar day on which both.
17
AMENDMENTS TO TITLE 39, UNITED STATES CODE
18 Houses of the Congress are not in session.
18
SEC. 13. (a) Section 3202(a) of title 39, United States
19
EFFECT ON OTHER LAWS
19 Code, is amended-
20
SEC. 12. (a) Notwithstanding any other provision of
20
(1) by striking out "and" at the end of clause (4);
21 this Act, any State that adopts the Federal assistance post
21
(2) by striking out the period at the end of clause
22 card form recommended by the Federal Voting Assistance
22
(5) and inserting in lieu thereof ": and"; and
23 Act of 1955 (50 U.S.C. 1451 et seq.) with respect to any
23
(3) by adding at the end thereof the following new
24 category of its electors (1) shall, insofar as such electors
24
clause:
25 are concerned, be deemed to be in full compliance with the
24
25
1
"(6) mail relating to voter registration pursuant
1
(1) by striking out "disapprove" the first place it
2
to sections 6 and 7 of the Voter Registration Act.".
2
appears therein and inserting in lieu thereof "approve";
3
(b) Section 404 of title 39, United States Code, is
3
(2) by inserting "not" immediately after "the Com-
4
amended-
4
mission may" the first place it appears therein;
5
(1) by striking out "and" at the end of clause (8);
5
(3) by striking out "both the Senate and House"
6
(2) by striking out the period at the end of clause
6
and all that follows through "such proposed rule or
7
(9) and inserting in lieu thereof "; and"; and
7
regulation" and inserting in lieu thereof ", any such
8
(3) by adding at the end thereof the following new
8
rule or regulation may not take effect unless it is ap-
9
clause:
9
proved by the Congress, through appropriate action";
10
"(10) to enter into arrangements with the Voter
10
(4) by striking out "disapproved" and inserting in
11
Registration Administration of the Federal Election
11
lieu thereof "not approved"; and
12
Commission for the collection, delivery, and return
12
(5) by adding at the end thereof the following new
13
delivery of voter registration forms.".
13
sentence: "If any rule or regulation is not approved by
14
AMENDMENT TO TITLE 5, UNITED STATES CODE
14
the Congress during the period of thirty legislative days
15
SEC. 14. Section 5316 of title 5, United States Code, is
15
specified in this paragraph, the Commission may modify
16 amended by adding at the end thereof the following new
16
or amend such rule or regulation and transmit it to the
17 paragraph:
17
Congress for consideration in accordance with the pro-
18
"(137) Administrator and Associate Administra-
18
visions of this subsection."
19
tors (2), Voter Registration Administration, Federal
19
(b) (1) The first sentence of section 9009(c)(2) of
20
Election Commission.".
20 the Internal Revenue Code of 1954 (relating to review of
21
CONGRESSIONAL APPROVAL OF REGULATIONS
21 regulations) is amended to read as follows: "If the Congress
22
SEC. 15. (a) Section 316(c)(2) of the Federal Elec-
22 approves, through appropriate action, any rule or regula-
23 tion Campaign Act of 1971 (2 U.S.C. 438(c)(2)) is
23 tion transmitted by the Commission under paragraph (1)
24 amended-
24
no later than 30 legislative days after receipt of such rule or
26
27
1
regulation, then the Commission may prescribe such rule or
1 lations) is amended by striking out "disapproved by either
2
regulation.".
2 such House" and inserting in lieu thereof "not approved by
3
(2) The second sentence of section 9009(c)(2) of the
3 the Congress".
4
Internal Revenue Code of 1954 (relating to review of reg-
4
(3) Section 9039(c)(2) of the Internal Revenue Code
5
ulations) is amended by striking out "disapproved by either
5 of 1954 (relating to review of regulations) is amended by
6
such House" and inserting in lieu thereof "not approved by
6 adding at the end thereof the following new sentence: "If any
7
the Congress".
7 rule or regulation is not approved by the Congress during
8
(3) Section 9009(c)(2) of the Internal Revenue Code
8 such period of 30 legislative days, the Commission may
9
of 1954 (relating to review of regulations) is amended by
9 modify or amend such rule or regulation and transmit it to
10 adding at the end thereof the following new sentence: "If any
10 the Congress for consideration in accordance with the pro-
11 rule or regulation is not approved by the Congress during
11 visions of this subsection."
12 such period of 30 legislative days, the Commission may
12
AUTHORIZATION OF APPROPRIATIONS
13 modify or amend such rule or regulation and transmit it to
13
SEC. 16. There are authorized to be appropriated such
14 the Congress for consideration in accordance with the provi-
14
sums, not to exceed $50,000,000, as may be necessary to
15 sions of this subsection."
15
carry out the provisions of this Act.
16
(c) (1) The first sentence of section 9039(c)(2) of the
Amend the title SO as to read: "A bill to establish a
17 Internal Revenue Code of 1954 (relating to review of regu-
Voter Registration Administration within the Federal Elec-
18 lations) is amended to read as follows: "If the Congress ap-
tion Commission for the purpose of administering a voter
registration program through the Postal Service, and for
19 proves, through appropriate action, any rule or regulation
other purposes."
20 transmitted by the Commission under paragraph (1) no
21 later than 30 legislative days after receipt of such rule or
22 regulation, then the Commission may prescribe such rule or
23 regulation.".
24
(2) The second sentence of section 9039(c)(2) of the
25 Internal Revenue Code of 1954 (relating to review of regu-
Union Calendar No. 331
94TH CONGRESS
1ST SESSION
H. R. 1686
[Report No. 94-669]
A BILL
To establish a Voter Registration Administra-
tion within the General Accounting Office
for the purpose of administering a voter reg-
istration program through the Postal
Service.
By Mr. HAYS of Ohio
JANUARY 20, 1975
Referred to the Committee on House Administration
NOVEMBER 17, 1975
Reported with amendments, committed to the Com-
mittee of the Whole House on the State of the
Union, and ordered to be printed
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-669
VOTER REGISTRATION ACT
NOVEMBER 17, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. HAYS of Ohio, from the Committee on House Administration,
submitted the following
REPORT
together with
MINORITY VIEWS, ADDITIONAL VIEWS, AND ADDI-
TIONAL VIEWS ON REGULATION APPROVAL PROCE-
DURE
[To accompany H.R. 1686]
The Committee on House Administration, to whom was referred
the bill (H.R. 1686) having considered the same, report favorably
thereon with amendments and recommend that the bill as amended do
pass.
On November 7, 1975, a quorum being present, the Committee
adopted by recorded vote of 17 ayes and 16 nays, a motion to report
H.R. 1686 as amended. The amendment strikes out all after the enact-
ing clause and inserts in lieu thereof a substitute text which appears in
italic type in the reported bill.
No special oversight findings were necessitated as a result of con-
sideration of this resolution.
No budget statement is submitted.
No estimate or comparison was received from the Director of the
Congressional Budget Office as referred to in subdivision (C) of Clause
2 (1) (3) of House Rule XI.
No findings or recommendations of the Committee on Government
Operations were received as referred to in subdivision (d) of clause
2 (1) (3) of House Rule XI.
Certain portions of H.R. 1686 that might be of interest were dis-
cussed with the Chairman and staff of the Post Office and Civil Serv-
ice Committee. The bill is to come before the House under an open rule
and the Members of Post Office and Civil Service Committee will have
a full and fair opportunity to offer such amendments or comments on
the Floor of the House as they deem appropriate. Such procedure con-
forms with Clause 5 of Rule x of the Rules of the House.
57-006
2
3
INFLATIONARY IMPACT STATEMENT
local election official. The State or local election official will be re-
sponsible for verification of the returned form, and shall promptly
The enactment of H.R. 1686 is not expected to have an inflationary
mail to the applicant a registration notification form which advises
impact on prices and costs in the operation of the national economy,
the applicant whether his registration has been accepted or rejected.
especially during the current serious recession.
Presentation of the registration notification form at the polls shall
not be required as condition to cast one's ballot. Possession of such
PURPOSE OF THE BILL
form, however, will be prima facie evidence that one is a qualified
The purpose of the bill is to encourage increased voter participation
registered elector who is entitled to vote. The provisions of this bill
in the electoral process by facilitating the mode of voter registration.
are not intended to eliminate certain State requirements of party
affiliation or declaration for obtaining primary ballots which are
WHAT THE BILL DOES
designed to prohibit cross party voting in primaries.
To help insure against abuses of this registration system, the bill
H.R. 1686 creates the Voter Registration Administration within the
provides that the Administration shall, at the request of a State
Federal Elections Commission. The Administration will be responsible
official, provide assistance to such State in preventing fraudulent
for implementing a system of post card voter registration for Federal
registration or voting within the State. It was the intention of the
elections. Additionally, the Administration will collect, correlate, and
Committee that this assistance be on a non-partisan basis. In addition
publish information concerning elections and will provide information
to the appropriate Federal criminal penalties and available actions
on a non-partisan basis to State officials concerning voter registration-
under State law, the Administration or a State official may request
by-mail and election problems generally.
the Attorney General to bring a civil action to enjoin fraudulent
Under the provisions of the bill, an individual will qualify to vote
registration, attempted fraudulent registration or voting, or the pro-
in Federal elections within a State if he fulfills the requirements of
curing of fraudulent registration or voting by any individuals or
that State for registration and applies for registration not later than
groups of individuals. The bill additionally provides for severe crim-
30 days prior to the next Federal election. In preparing the registra-
inal penalties of fines and imprisonment for the commission of various
tion forms, the Administration will include such information as is
offenses relating to fraudulent registration and voting.
necessary to qualify one as a voter under State law and other informa-
The cost of processing the required registration forms will be deter-
tion as deemed appropriate by the Administration to establish the
mined by the Administration and payments to the States will be made
positive identification and qualifications of a voter.
to cover the fair and reasonable costs of their processing registration
No Federal official participates in the registration process in the
forms for Federal elections. As an encouragement to the States to
States unless requested to do SO by an appropriate State official.
adopt this simplified mode of registration for all elections the Admin-
The Administration is authorized to enter into agreements with the
istration is authorized to pay to any State which adopts this system for
Postal Service for the distribution (by penalty mail) except that this
State elections an amount up to 30 percent of the payment such State
section shall not entitle such individuals, groups, or organizations to
receives for processing registration forms for Federal elections. It is
any free mailing privileges with respect to distribution of the regis-
the intent of the Committee that the reimbursements made under sec-
tration forms and their voter registration drives of registration forms
tion 10 of the Voter Registration Act will ultimately augment the
throughout the country to "postal addresses and residences at least
individual budgets of the local election registration offices within each
once every two years and before each Federal election" between 60 and
State actually processing voter registration forms in proportion to
120 days prior to the close of the States' registration for the next Fed-
the number of registration forms handled.
eral election, except there shall be no reimbursement to the Postal
The Administration is further authorized to promulgate regulations
Service for transmission of such registration forms. Additionally, reg-
to carry out the provisions of this bill. The regulations, however, must
istration forms will be available at any post office or postal substation
first be submitted to the Congress for its approval within 30 legisla-
or any rural or star route, as well as being available to any individual
tive days.
group or organization requesting such registration forms for the pur-
The bill further amends Section 316 (c) (2) of the Federal Election
pose of conducting a voter registration drive, except that this section
Campaign Act of 1971 (2 U.S.C. 438 (c) (2)) with regard to regula-
shall not entitle such individuals, groups, or organizations to any free
tions promulgated by the Federal Elections Commission. Present law
mailing privileges with respect to distribution of the registration
requires that the Congress must take appropriate action to disapprove
forms and their voter registration drives. The Administration may
any regulation submitted by the Elections Commission within thirty
also enter into agreements with departments and agencies of the
legislative days, the absence of which action would allow the regula-
Federal government, the Secretary of each military department of the
tion to go into effect. The proposed change in the bill would require
Armed Forces of the United States, and with State officials for the
affirmative action by the Congress to approve proposed regulations
distribution of registration forms.
within thirty legislative days. The absence of such action would re-
Upon completion of the required information by the applicant,
quire the Elections Commission to resubmit another proposed regula-
the registration form shall be returned to the appropriate State or
tion to Congress for reconsideration.
4
BACKGROUND
The major impetus for legislation in this area has resulted from the
interest in political affairs is not substantial, it serves as out-and-out
emerging concern over the steady decline in voter participation in our
disenfranchisement. H.R. 1686 is designed to introduce uniformity
national elections over a number of years. During the hearings by the
about voter registration in preparation for Federal elections.
Subcommittee on Elections of the House Administration Committee,
Much criticism has been offered by the press, civic leaders, Members
as well as in hearings before the Senate Committee on Post Office and
of Congress, and political scientists towards an electoral process in a
Civil Service during the 93rd Congress, statistics were offered by vari-
democracy which works to discourage registration by placing the
ous witnesses to the effect that voter participation in presidential elec-
burden of registration on the citizen rather than on the government.
tions has diminished from 64 percent of the voting age population in
It was noted in the hearings by numerous witnesses that in European
1960, to 62.9 percent in 1964, 61.8 percent in 1968, and most recently, to
democracies registration is "automatic" and is the responsibility of
approximately 55 percent in the 1972 presidential race.
the government, much as the income tax procedure is in this country.
Indeed, in 1972 sixty-two million voting-age Americans did not vote.
The level of participation in the electoral process of these nationals
Of the 77,466,000 total votes cast for President in-1972, the President
since World War II has averaged nearly 84 percent of the voting age
received 47 million of those votes. This means that the President was
population, which is 24 percentage points higher than that of our own
elected by roughly one-third of the voting-age population.
country for the same period.
Evidence offered by numerous witnesses who cited studies and opin-
The existing registration laws in the various States have been criti-
ions of various research organizations, civic groups, and other election
cised as unresponsive to the actual needs of a great majority of our
experts tended to establish that the major causes for the lack of voter
citizens and have been cited as the predominant reason for non-
participation in elections are the difficulties and the barriers to voter
participation by the electorate.
registration.
It is believed that a simplified, convenient, and uniform system of
As early as 1963 President Kennedy's Commission on Registration
registration will encourage greater numbers of citizens to register, and
and Voter Participation concluded that "Restrictive legal and ad-
in turn, to vote in Federal elections. The post card registration system
ministrative procedures for registration and voting are a major reason
outlined in this bill is believed to be the most efficient method, that
for low participation." This conclusion was supported by a 1969
provides the greatest safeguards with the least disruption of estab-
Gallup Poll which found that the predominant reason for nonpartici-
lished procedures, that will achieve the desired goals.
pation of the electorate was that there were many obstacles to registra-
The post card system proposed in H.R. 1686 will work within the
tion. Similarly, a 1972 study by the National League of Women
traditional framework of presently established election procedures of
Voters concluded that "Millions of American citizens fail to vote not
the various States and localities. The responsibility of the Federal
because they are disinterested but because they are disenfranchised
agency will be for the distribution of the registration form and for
by the present election system." Most recently, a poll by the public
providing backup in technical or legal assistance upon the request of
opinion research firm of Daniel Yankelovich, Inc. found that three-
State or local officials.
fourths of those who did not vote in the previous presidential election
Return of completed registration forms by an applicant will be
had stated that they would have voted had they been registered. In
made to the appropriate State or local official, not to a Federal agency.
further support of the position that additional people would vote if
The responsibility for the validation of application forms and for the
they could be registered, preliminary statistics of the Bureau of
verification of requested information with existing lists of addresses or
Census were offered to show that 87 percent of those citizens who did
signatures will remain with the traditional State or local officials.
register stated that they had voted.
Since no aspect of validation or verification of signatures or ad-
There is substantial evidence demonstrating that many state and
dresses upon registration will be eliminated by this bill, it is felt that
local registration officials at the very least do not do all they can to
the principal safeguards against fraudulent registration are provided.
encourage registration and voting. For example, some ranchers in
Furthermore, during the hearings numerous witnesses testified that
western states must travel over 100 miles in order to register to vote.
from their own experiences fraud in the election process generally
In far too many states, voter registration offices are open from 9 :30
does not occur at the registration level, but at, the voting booths and
a.m. to 5 :00 p.m. on weekdays only. Seventy-six percent have no Satur-
ballot box. It should be noted that present State or local procedures
day or evening registration in non-election months. The working man
that designate offices which are designed to limit fraudulent voting,
simply cannot get to the registration offices to register in preparation
such as poll watches and challengers, will not be affected by the bill.
for exercising his most sacred right-the right to vote.
It is believed, in fact, that the incidence of fraud in the election
Only 16 states authorize deputy registrars. Only 30 allow registra-
process will be reduced by the provisions of the bill. In addition to the
tion on weekends (and for many states that means only one weekend
present State and local controls which have not been affected by the
a year). The frustrations which result from such haphazard and un-
bill, a greater deterrent to fraud will be offered in the form of Federal
even registration laws and conditions are enough to discourage even
criminal penalties of fines of up to $5,000 or imprisonment for up to
the most interested applicant; but for citizens whose knowledge and
5 years, or both, for acts concerning fraudulent registration or voting.
These provisions will be backed up by the resources and expertise of
6
7
Federal law enforcement which will be available to the States to pro-
COST OF THE LEGISLATION
tect against the possibilities of fraud.
Recently a number of States have taken steps to implement systems
The bill calls for the appropriation of the sum of $50,000,000 to carry
of mail registration on their own. Currently, at least 15 States 1 have
out its provisions. The estimated cost for this fiscal year is $43,452,565.
established mail registration procedures with a number of others in
The estimated cost for the following five fiscal years is $128,658,700.
the process of doing SO. During the hearings before the Subcommittee
SECTION-BY-SECTION EXPLANATION OF THE BILL
on Elections in April 1975, testimony was heard from representatives
of three states which implemented mail registration in time to sample
SHORT TITLE
its effect on registration and election administration during the 1974
elections. In these three states, Maryland, Minnesota and New Jersey,
The first section of the bill provides that the bill may be cited as the
there was a general feeling of satisfaction and pride in the accomplish-
"Voter Registration Act".
ments under mail registration.
DEFINITIONS
During her testimony, Mrs. Marie Garber, Elections Administrator
from Montgomery County, Maryland cited the following accomplish-
Section 2 of the bill contains definitions of the following terms:
ments under mail registration "New registration in 1974-the first year
(1) The term "Administration" is defined to mean the Voter Regis-
of mail registration-was up 7 percent compared with 1970, the last
tration Administration.
comparable year * * * this increase was despite such negative factors
(2) The term "State" is defined to mean each State of the United
as a lower growth rate in the community because of a slowdown in
States, the political subdivisions of each State, the Virgin Islands,
housing construction and widespread alienation from all things politi-
Guam, and the District of Columbia.
cal." Mrs. Garber further went on to cite decreased costs of administer-
(3) The term "Federal office" is defined to mean the office of Presi-
ing the election registration program due to the elimination of the need
dent, Vice President, an elector for President and Vice President,
to provide large numbers of deputy field registrars at locations such
Senator, Representative, or a Delegate to the Congress.
as supermarkets, libraries, and in mobile registration vehicles. Mrs.
(4) The term "Federal election" is defined to mean any primary
Garber said, "In the last election cycle, 1972-this is only in my election
election, general election, or special election held to nominate or elect
county-we spent $33,547 for registrar compensation. In 1974 we
candidates for any Federal office, including Presidential preference
budgeted $13,000 and spent only $8,070. For the Presidential cycle in
primaries, elections to select delegates to national political party nom-
1976 we have budgeted $10,000 for this purpose." The question of
inating conventions, or caucuses held to select delegates to such
potential fraud was also rebutted by Mrs. Garber's contention that the
conventions.
mail system in Maryland, which is quite similar to H.R. 1686, pro-
(5) The term "State election" is defined to mean any election other
vided additional anti-fraud provisions which are not present in most
than a Federal election.
face-to-face registration procedures. Fraudulent registration was
(6) The term "State official" is defined to mean any official of a
simply not evident. Mrs. Garber concluded her statement by noting
government of a State or of a county, town, village, township, parish,
that the predicted administrative problems simply did not materialize
or township election board, who is responsible for the registration of
There was a minimal number of duplicate registrations and legibility
qualified electors or who conducts or supervises any Federal election
of registration forms was not a problem.
in a State.
Mr. F. Joseph Carragher, Assistant Secretary of State from the
ESTABLISHMENT OF ADMINISTRATION
State of New Jersey, cited figures. showing that with the inception
of mail registration more than 21/2 times as many people were enrolled
Subsection (a) of section 3 establishes the Administration within
to vote during the six week period immediately prior to the 1974 elec-
the Federal Election Commission.
tion, than were enrolled during a comparable period in 1970. He fur-
Subsection (b) requires the President to appoint, by and with the
ther cited the fact that for the first time in 20 years voter turnout in a
advice and consent of the Senate and the House of Representatives,
non-Presidential Federal election exceeded the turnout of the pre-
an Administrator and two Associate Administrators for terms of 4
vious year's gubernatorial election.
years each. Any person appointed by the President may continue in
The Committee feels that the post card registration system outlined
office until a successor is qualified. A person appointed to fill a vacancy
by H.R. 8053 will retain the necessary degree of local control over
may serve the remainder of the term to which his predecessor was
election procedures and will assure substantial safeguards to protect
appointed. The Associate Administrators may not be members of the
against voter fraud while providing for the greatly needed reform to
same political party, and the Administrator shall be the chief execu-
simplify registration procedures that will encourage increased voter
tive officer of the Administration.
participation in the electoral process.
DUTIES AND POWERS
1 Alaska, California. District of Columbia, Iowa, Kentucky, Maryland, Minnesota, Mon-
tana, New Jersey, New York, Oregon, Tennessee, Texas, Utah, and Wisconsin.
Section 4 requires the Administration to (1) establish and admin-
ister a voter registration program for Federal elections; (2) collect
9
8
Subsection (b) of section 7 of the bill provides that any agreement
and publish information (other than any information which permits
between the Administration and the Postal Service shall require the
the identification of individual voters) relating to elections in the
Administration to prepare a sufficient number of registration forms
United States; (3) provide information to State officials relating to
so that such forms may be delivered by the Postal Service and made
voter registration-by-mail and general information relating to election
available at any post office, postal substation, postal contract station,
administration; (4) obtain necessary facilities and supplies and ap-
or on any rural or star route. Such agreements also shall provide for
point and fix the pay of necessary officers and employees, who shall be
the distribution of such registration forms to any individual, group,
in the Federal competitive service; (5) appoint and fix the pay of ex-
or organization requesting such forms for the purpose of conducting
perts and consultants; (6) furnish required information to the Con-
or participating in the voter registration program.
gress on its activities, and generally on voter registration and elections,
Subsection (c) of section 7 of the bill requires the Postal Service
immediately after each biennial general Federal election; and (7) take
to distribute the registration forms at least once every 2 years and
other necessary actions to carry out the bill.
before each Federal election but not earlier than 120 days or later
than 60 days before the close or registration for the next Federal
QUALIFICATIONS AND PROCEDURE
election in each State.
Subsection (d) of section 7 of the bill permits the Administration
Subsection (a) of section 5 of the bill provides that any individual
to enter into agreements with the Secretary of each military depart-
who is a qualified voter under State law and who is registered to vote
ment of the Armed Forces of the United States for the distribution of
under the provisions of the bill may vote in Federal elections in the
registration forms at military installations.
State involved. Each State, however, shall provide for the registration
Subsection (e) of setcion 7 of the bill provides that there may be no
or other means of qualification of residents of the State who apply, not
time limit upon the general availability of registration forms made
later than 30 days before any Federal election, for registration or qual-
available under agreements pursuant to section 7.
ification to vote in such election.
Subsection (b) of section 4 of the bill permits the Administration to
PREVENTION OF FRAUDULENT REGISTRATION
furnish personnel and other assistance to State officials who request
such assistance.
Subsection (a) of section 8 of the bill provides that whenever a
REGISTRATION FORMS
State official has reason to believe that individuals who are not qual-
ified electors are attempting to register to vote under the bill, he may
Subsection (a) of section 6 of the bill requires the Administration
take any appropriate action under State law and he shall notify the
to prepare voter registration forms.
Administration to request its assistance in preventing any fraudulent
Subsection (b) of section 6 of the bill requires that printed registra-
registration. The Administration is required to give assistance in such
tion forms shall provide a simple method of registering to vote by
cases, and to issue a report with respect to its findings.
mail. Such forms shall include (1) necessary material to assure proper
Subsection (b) of section 8 of the bill provides that whenever the
identification of the individual seeking to register; (2) materials neces-
Administration or a State official finds a pattern of fraudulent regi-
sary to provide for return delivery of the registration form; and (3)
stration, or any activity designed to register individuals to vote who
information and materials necessary to prevent fraudulent registra-
are not qualified electors, the Administration or such State official may
tion, including a statement of the penalties for attempting any fraudu-
request the Attorney General of the United States to bring an action
lent registration.
under section 8. The Attorney General may bring a civil action in any
Subsection (c) of section 6 of the bill requires State officials to notify
appropriate district court of the United States or the District Court
applicants- whether their registration forms have been accepted or
for the District of Columbia to secure an injunction against the fraud-
rejected.
ulent registration involved, or to obtain any other appropriate order.
Subsection (c) also provides that the possession of a registration
Any such civil action shall be brought by the Attorney General in the
notification form which indicates that an individual is entitled to vote
district court of the United States within the jurisdiction of which the
shall be prima facie evidence that the individual is qualified and reg-
fraudulent registration occurred. The district courts of the United
istered to vote. Presentation of the form, however, shall not be re-
Sates shall have júrísdiction in such actions without regard to any
quired in order for any such individual to cast his ballot.
amount in controversy.
PENALTIES
DISTRIBUTION OF REGISTRATION FORMS
Subsection (a) of section 9 of the bill imposes a fine of not more than
Subsection (a) of section 7 of the bill provides that the Administra-
$5,000, or a prison term of not more than 5 years, or both, against any
tion may enter into agreements with the Postal Service, with depart-
person who knowingly or willfully (1) gives any false information
ments and agencies of the Federal Government, and with State offi-
to establish his eligibility to register to vote under the bill; (2) cón-
cials for the distribution of registration forms. The Administration
spires for the purpose of encouraging false registration or illegal vot-
is not required to reimburse the Postal Service for any distribution
of such registration forms.
H. Rept. 94-669-2
10
11
ing; (3) pays or accepts payment for registration or for voting; or
Federal Voting Assistance Act of 1955 with respect to any category
(4) registers to vote with the intention of voting more than once, or
of its electors, shall (1) in the case of such electors, be deemed to be in
votes more than once, in the same Federal election.
full compliance with section 6 of the bill; and (2) be eligible to
Subsection (b) of section 9 of the bill imposes a fine of not more
receive payments of financial assistance under section 10 of the bill.
than $5,000, or a prison term of not more than 5 years, or both, against
Subsection (b) of section 12 of the bill provides that nothing in the
any person who deprives, or attempts to deprive, any other person of
bill may be construed to prevent any State from granting (1) less
any right under the bill.
restrictive registration or voting practices than those prescribed by the
Subsection (c) of section 9 of the bill provides that the provisions
bill; or (2) more expanded registration or voting opportunities than
of section 1001 of title 18, United States Code, relating to fraudulent
those provided by the bill.
statements or representations, are applicable to registration forms
Subsection (c) of section 12 of the bill provides that nothing in the
prepared under section 6 of the bill.
bill may be construed to limit or repeal any provision of (1) section
202 of the Voting Rights Act Amendments of 1970, relating to ex-
FINANCIAL ASSISTANCE
panded opportunities for registering to vote and for voting for
electors for President and Vice President; or (2) the Federal Voting
Subsection (a) of section 10 of the bill requires the Administration
Assistance Act of 1955.
to (1) determine the cost of processing registration forms; and (2)
pay to each States an amount equal to such cost per card multiplied
AMENDMENTS TO TITLE 39, UNITED STATES CODE
by the number of registration cards processed in the State involved.
Subsection (b) of section 10 of the bill permits the Administration
Subsection (a) of section 13 of the bill amends section 3202 (a) of
to make payments to any State adopting the registration form and
title 39, United States Code, to permit mail relating to voter registra-
system established by the bill for State elections, in amounts not ex-
tion under sections 6 and 7 of the bill to be mailed as penalty mail.
ceeding 30 percent of the amount paid to the State under subsection
Subsection (b) of section 13 of the bill amends section 404 of title 39,
(a) of section 10 for the most recent general Federal election in such
United States Code, to permit the Postal Service to enter into arrange-
State. Subsection (c) of section 10 of the bill provides that payments
ments with the Administration for the collection, delivery, and return
under section 10 may be made in installments and in advance or by way
delivery of voter registration forms.
of reimbursement.
REGULATIONS
AMENDMENT TO TITLE 5, UNITED STATES CODE
Subsection (a) of section 11 of the bill permits the Administration
Section 14 of the bill amends section 5316 of title 5, United States
to issue rules and regulations to carry out the bill. Such rules and
Code, to provide that the Administrator and Associate Adminis-
regulations may exclude a State from the bill if such States does not
trators of the Administration shall be paid at level V of the Executive
require applicants to register before the date of any Federal election.
Schedule.
Subsection (b) of section 11 of the bill requires the Administration,
CONGRESSIONAL APPROVAL OF REGULATIONS
before prescribing any rule or regulation under section 11, to trans-
mit a statement to the Congress setting forth the proposed rule or regu-
Section 15 of the bill amends the Federal Election Campaign Act of
lation and containing a detailed explanation and justification of the
1971 and the Internal Revenue Code of 1954 to provide that rules and
rule or regulation.
regulations proposed to be prescribed by the Federal Election Com-
If the Congress approves, through appropriate action, any rule or
mission may not take effect unless such rules and regulations are ap-
regulation transmitted by the Administration no later than 30 legis-
proved by the Congress, through appropriate action, no later than 30
lative days after receiving the rule or regulation, the Administration
legislative days after being transmitted by such Commission.
may prescribe such rule or regulation. The Administration may not
The amendments also provide that if any rule or regulation is not
prescribe any rule or regulation which is not approved by the Congress,
approved by the Congress, the Commission may modify or amend such
but the Administration may resubmit any such rule or regulation, after
rule or regulation and transmit it to the Congress for reconsideration.
making modifications with respect to such rule or regulation, for fur-
Existing law provides that any proposed rule or regulation of such
ther consideration by the Congress.
Commission may take effect if it is not disapproved by the Congress,
The term "legislative days" is defined to exclude any calendar day on
through appropriate action, no later than 30 legislative days after its
which both Houses of the Congress are not in session.
transmission to the Congress.
EFFECT ON OTHER LAWS
AUTHORIZATION OF APPROPRIATIONS
Subsection (a) of section 12 of the bill provides that any State
Section 16 of the bill authorizes to be appropriated not more than
adopting the Federal assistance post card form recommended by the
$50,000,000 to carry out the provisions of the bill.
12
13
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
(E) the United States Employment Service and the sys-
In compliance with clause 3 of rule XIII of the Rules of the House
tem of employment offices operated by it in conformity with
of Representatives, changes in existing law made by the bill, as re-
the provisions of sections 49-49c, 49d, 49e-49k of title 29,
ported, are shown as follows (existing law proposed to be omitted is
and all State employment systems which receive funds ap-
enclosed in black brackets, new matter is printed in italic, existing
propriated under authority of those sections; and
law in which no change is proposed is shown in roman) :
(F) any college officer or other person connected with the
extension department of the college as the Secretary of Agri-
TITLE 39, UNITED STATES CODE
culture may designate to the Postal Service to the extent
that the official mail consists of correspondence, bulletins,
*
*
and reports for the furtherance of the purpose of sections
§ 404. Specific powers.
341-343 and 344-348 of title
Without limitation of the generality of its powers, the Postal Serv-
(2) mail relating to naturalization to be sent to the Immigra-
ice shall have the following specific powers, among others:
tion and Naturalization Service by clerks of courts addressed to
(1) To provide for the collection, handling, transportation, de-
the Department of Justice or the Immigration and Naturaliza-
livery, forwarding, returning, and holding of mail, and for the
tion Service, or any official thereof;
disposition of undeliverable mail;
(3) mail relating to a collection of statistics, survey, or census
(2) To prescribe, in accordance with this title, the amount of
authorized by title 13 and addressed to the Department of Com-
postage and the manner in which it is to be paid;
merce or a bureau or agency thereof;
(3) To determine the need for post offices, postal and training
(4) mail of State agriculture experiment stations pursuant to
facilities and equipment, and to provide such offices, facilities, and
sections 325 and 361f of title 7; [and]
equipment as it determines are needed;
(5) articles for copyright deposited with postmasters and ad-
(4) To provide and sell postage stamps and other stamped
dressed to the Register of Copyrights pursuant to section 15 of
paper, cards, and envelopes and to provide such other evidences of
title 17[] ; and
payment of postage and fees as may be necessary or desirable;
(6) mail relating to voter registration pursuant to sections 6
(5) To provide philatelic services;
my of the Voter Registration Act.
(6) To provide, establish, change, or abolish special nonpostal
*
or similar services;
(7) To investigate postal offenses and civil matters relating to
the Postal Service;
SECTION 5316 OF TITLE 5, UNITED STATES CODE
(8) To offer and pay rewards for information and services in
connection with violation of the postal laws, and, unless a different
§ 5316. Positions at level V.
disposal is expressly prescribed, to pay one-half of all penalties
*
*
and forfeitures imposed for violations of law affecting the Postal
Service, its revenues, or property, to the person informing for the
(124) Director, National Highway Safety Bureau.
same, and to pay the other one-half into the Postal Service Fund;
(125) Director, National Traffic Safety Bureau.
[and]
(126) Repealed. Pub. L. 91-644, § 7(2), Jan. 2, 1971, 84 Stat.
1887.
(9) To authorize the issuance of a substitute check for a lost,
stolen, or destroyed check of the Postal Service[.] ; and
(127) Director, Bureau of Narcotics and Dangerous Drugs,
Department of Justice.
(10) to enter into arrangements with the Voter Registration
Administration of the Federal Election Commission for the col-
(128) Auditor-General of the Agency for International Devel-
opment.
lection, delivery, and return delivery of voter registration forms.
(129) Vice Presidents, Overseas Private Investment Corpo-
*
*
ration (3).
§ 3202. Penalty mail.
(130) Deputy Administrator, Urban Mass Transportation
(a) Subject to the limitations imposed by sections 3204 and 3207
Administration, Department of Transportation.
of this title, there may be transmitted as penalty mail-
(131) Assistant Directors, Special Action Office for Drug
(1) official mail of-
Abuse Prevention (6).
(A) officials of the Government of the United States other
(132) General Counsel of the Equal Employment Opportuni-
ties Commission.
than Members of Congress;
(B) the Smithsonian Institution;
(133) Director, National Cemetery System, Veterans' Admin-
istration.
(C) the Pan American Union;
(133) Deputy Administrator for Administration of the Law
(D) the Pan American Sanitary Bureau;
Enforcement Assistance Administration.
14
15
(134) General Counsel, Energy Research and Development
INTERNAL REVENUE ACT OF 1954
Administration.
(135) Additional officers, Energy Research and Development
*
Administration (8).
(135) General Counsel, Commodity Futures Trading Com-
SUBTITLE H-FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS
mission.
*
*
*
*
(136) Additional officers, Nuclear Regulatory Commission (5).
(136) Executive Director, Commodity Futures Trading Com-
mission.
CHAPTER 95-PRESIDENTIAL ELECTION CAMPAIGN FUND
(137) Administrator and Associate Administrators (2), Voter
*
*
*
*
Registration Administration, Federal Election Commission.
§ 9009. Reports to Congress; regulations.
(a)
*
*
*
SECTION 316 OF THE FEDERAL ELECTION CAMPAIGN
*
*
*
*
*
*
ACT OF 1971
(c) REVIEW OF REGULATIONS.-
(1) The Commission, before prescribing any rule or regulation
DUTIES
under subsection (b), shall transmit a statement with respect to
SEC. 316. (a) * * *
such rule or regulation to the Senate and to the House of Repre-
*
*
*
*
*
*
*
sentatives, in accordance with the provisions of this subsection.
(c) (1) The Commission, before prescribing any rule or regulation
Such statement shall set forth the proposed rule or regulation and
under this section, shall transmit a statement with respect to such rule
shall contain a detailed explanation and justification of such rule
or regulation to the Senate or the House of Representatives, as the
or regulation.
case may be, in accordance with the provisions of this subsection.
(2) If [either such House does not, through appropriate action,
Such statement shall set forth the proposed rule or regulation and
disapprove the proposed rule or regulation set forth in such state-
shall contain a detailed explanation and justification of such rule
ment no later than 30 legislative days after receipt of such state-
or regulation.
ment,] the Congress approves, through appropriate action, any
(2) If the appropriate body of the Congress which receives a state-
rule or regulation transmitted by the Commission under para-
ment from the Commission under this subsection does not, through
graph (1) no later than 30 legislative days after receipt of such
appropriate action, [disapprove] approve the proposed rule or regu-
rule or regulation, then the Commission may prescribe such rule
lation set forth in such statement no later than 30 legislative days
or regulation. The Commission may not prescribe any rule or
after receipt of such statement, then the Commission may not pre-
regulation which is [disapproved by either such House] not ap-
scribe such rule or regulation. In the case of any rule or regulation
proved by the Congress under this paragraph. If any rule or regu-
proposed to deal with reports or statements required to be filed under
lation is not approved by the Congress during such period of 30
this title by a candidate for the office of President of the United
legislative days, the Commission may modify or amend such rule
States, and by political committees supporting such a candidate [both
or regulation and transmit it to the Congress for consideration
the Senate and the House of Representatives shall have the power to
in accordance with the provisions of this subsection.
disapprove such proposed rule or regulation. , any such rule or regu-
(3) For purposes of this subsection, the term "legislative days"
lation may not take effect unless it is approved by the Congress,
does not include any calendar day on which both Houses of the
through appropriate action. The Commission may not prescribe any
Congress are not in session.
rule or regulation which is [disapproved] not approved under this
*
*
*
*
*
*
paragraph. If any rule or regulation is not approved by the Congress
during the period of thirty legislative days specifed in this paragraph.
CHAPTER 96-PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
the Commission may modify or amend such rule or regulation and
transmit it to the Congress for consideration in accordance with the
*
*
*
*
*
*
provisions of this subsection.
§ 9039. Reports to Congress: regulations.
(a)
*
*
*
*
*
*
*
*
*
81
16
7/10
(c) REVIEW OF REGULATIONS.-
and odw no of
(1) The Commission, before prescribing any rule or regulation
no
ai
8
110
under subsection (b), shall transmit a statement with respect to
such rule or regulation to the Senate and the House of Representa-
tives, in accordance with the provisions of this subsection. Such
MINORITY VIEWS OF HON. WILLIAM L. DICKINSON,
statement shall set forth the proposed rule or regulation and shall
HON. SAMUEL L. DEVINE, HON. CHARLES E. WIGGINS,
contain a detailed explanation and justification of such rule or
HON. J. HERBERT BURKE, HON. W. HENSON MOORE,
regulation,
HON. BILL FRENZEL, HON. MARJORIE S. HOLT, AND
(2) If [either such House does not, through appropriate ac-
tion, disapprove the proposed rule or regulation set forth in such
HON. JAMES C. CLEVELAND
tement no later than 30 legislative days-after receipt of such
atement] the Congress approves, through appropriate action,
There is only one, legitimate, rationale on which to base Federal
invasion of an area traditionally left to each State, and that rationale
any rute or regulation transmitted by the Commission under para-
gruph (1) no later than 30 legislative days after receipt of such
is that posteard registration will increase citizen participation in the
rute or regultion, then the Commission may prescribe such rule or
electoral process. The facts suggest that this rationale is more in the
regulation. The Commission may not prescribe any such rule or
nature of a myth.
regulation which [disapproved by either such House] not ap-
LITTLE EVIDENCE MAIL REGISTRATION WILL INCREASE VOTER
proved by the Congress under this paragraph. If any rule or regu-
PARTICIPATION
lation is not approved by the Congress during such period of 30
legislative days, the Commission may modify or amend such rule
Proponents claim H.R. 1686 will increase the number of eligible
or regulation and transmit it to the Congress for consideration in
voters who register and who actually go to the polls on election day.
accordance with the provisions of this subsection.
However, the evidence of past elections, the results of a Census Bureau
voter registration survey, and the belief of some of the proponents of
the bill themselves confirm that this bill will have little, if any, effect
to
on increasing voter registration.
om
The following examples from the 1972 General Election offer slim
hope of improvement.
1. The State of North Dakota has no pre-registration requirement
for its voters. The voters in North Dakota register at the same time
TO VITA 7801 hoitsluger to
they vote on election day. This is the simplest form of voter registra-
tion available and yet in 1972, 30.1 per cent-nearly one-third-
of the eligible voters did not vote.
to
2. In Texas, a registration by coupon procedure is used. A voter
clips a registration coupon from his local newspaper and mails it
to his local voter registration office. Despite this simple registration
procedure 54.9 per cent-more than half-of the eligible voters did
not vote on election day.
obirloni
tan
3. In Alaska, where the voting residency requirement is 30 days,
52.5 per cent-more than half-of the eligible voters failed to east
their ballots in the election.
4. The national average of voter participation in the 1972 presiden-
tial election was only 55.6 per cent. Some 44.4 per cent of eligible
voters failed to vote despite the provisions of the 1970 Voting Rights
Act which made it easier to voté by (1) requiring residency of only
thirty days for presidential elections; and (2) allowing absentee
voting in presidential elections.
The encouragement and facilitation of maximum participation in
the electoral process is an admirable objective which, unhappily, H.R.
80
Inite
(17)
to
980
of
of
Herr
H. Rept. 94-669-3
18
19
1686 does not address in any meaningful way. The only political scien-
Bi-annual mail-outs would make more sense, and the possibility of
tist to testify on this Bill was Dr. Richard Smolka who has said
voting in more than one precinct on the basis of the same notification,
Rather than rely on a method which is wasteful on its face,
at least, would be diminished if each notification were printed with a
ineffective in operation, and which opens the door to large
series of "election numbers" to be punched on each use. Each new
scale fraud, it would seem preferable if legislation were di-
notification then start over with a new bi-annual series. This
rected to the heart of the problem, the unregistered voter.
would operate as a useful purging of the rolls with respect to people
The "unregistered voter" is well known and may be classified
who do not for any reason re-register by postcard.
into three groups, those persons who become newly eligible
Postcard registration will be an administrative nightmare for state
by reason of age, those persons who have moved to a new
and local officials, creating chaos in voter registration processes and
county or state and those persons who simply are not inter-
wreaking havoc with election day procedures. Some of the obstacles
ested in registering and voting.
are: illegibility of cards, the creation of dual registration lists for
As to the newly eligibles, a program of registration in High
state and federal elections, duplicate registrations, inadequacy of mail
Schools and Colleges would readily solve that problem.
addresses, the possibility of dirty tricks, determining where to send
As to the new address group, one Pennsylvania registrar has an
the postcard and the actual size of the postcard. With all of these po-
arrangement with the Post Office SO that he receives all address
tential Snafus, it's not surprizing that a sizeable majority of state and
changes, he then sends each registered voter a form on which they
local officials oppose postcard registration.
can update their registration. Other address change tie-ins, with such
Postcard registration may increase the potential for and offer un-
as utility companies, readily suggest themselves.
paralled opportunity for fraud. Now, as a means of fraud prevention,
As to the alienated group, Dr. Smolka has suggested a door to door
it is customary to require a person who desires to register to vote to
canvas. Such a canvas would be an ideal project for civic clubs and
appear in person before the registrar, SO they can be asked questions
thereby would significantly reduce the tax burden of registration
pertinent to their qualifications. At the very least, this establishes that
drives.
there is an actual person registering who can offer identification-not
None of these direct and obviously effective solutions are included
a fictitious name sent in by mail which cannot be checked for veracity
in H.R. 1686. In fact there is abundant evidence to suggest that post-
before the election.
card registration could reduce voter turnout.
Postcard registration will set up a new federal bureaucracy with
When postcards are mailed out before every federal election, and
almost unlimited authority to spend huge sums of the taxpayers'
at least every two years, everyone in the country will receive them.
money. Nobody can really say what the true costs of the bill will be.
In that group are 100 million already registered voters, and if the
The estimates of the annual cost of a national postcard registration
Bill works at all, the 100 million will increase. The cost of printing,
system run all the way from $15 to $500 million. Whatever the figure,
handling, sorting and double checking-to say nothing of the real
it will be more than a country with a $90 billion targeted deficit should
cost of delivery which this Bill presumes non-existent, is utterly
spend for a program in which the experts have no confidence.
redundant. irrelevent and wasteful. It is the sort of bureaucratic
Voter registration qualifications and procedures have traditionally
profligacy by which our citizens are increasingly annoyed, and right-
been left up to the states. Up to now, Congress has legislated in the field
fully SO.
of registration only when due process or equal protection were
H.R. 1686 would mandate a tremendous expansion of the staff of
involved.
the Federal Elections Commission and add non-compatible demands
No matter how you look at this bill, it's a loser ! If our intention is
on that agency at a time when it has not fully digested the Federal
to register more people, there are better ways to do it. Instead, the
Election Campaign Act and Amendments. This delegation of voter
Congress would do well to enact legislation which will implement a
registration authority would create an unnatural mix of primary re-
national mandate to register every American who wants to vote. There
sponsibilities in both the legislative and administrative areas. Al-
are two alternatives available to us which would better meet this
though all independent agencies are hybrids partaking of some char-
challenge.
acteristics of each of the three branches of government, it is customary
The first is to provide direct grants to the states with guidelines
and sound policy not to mix primary responsibilities.
for their use to assist them in their registration efforts. The second is
H.R. 1686 implores severe burdens on the States and, as amended by
to provide states with grants for a comprehensive face-to-face regis-
the Committee, denies any financial assistance in the carrying out of
tration drive. This would aid the states in two ways; i.e., increasing
mandated functions.
registration and at the same time up-dating and purging their cur-
To add both to the expense and the possibilities of fraud, this Bill
rent lists. In the long run, this would be less expensive than a national
mandates that the postcards be made available to all organizations in
postcard system but more expensive than the first alternative.
any quantity they may request for registration drives. Some provision
These alternatives are seen by most election experts and officials
to insure responsible use of the material, such as a receipt system,
as being more cost-effective as well as more likely to increase voter
would serve the voting public well to curb potential abuses.
participation than the postcard bill which, while conceptually appeal-
ing and well-intentioned, is likely to be counterproductive.
20
1. Dr. Richard G. Smolka is a professor of Government at The
American University in Washington, D.C., and has been director of
the Institute of Election Administration at the University since 1971.
He is, also editor of ELECTION News, a monthly newsletter for
elections officials at all levels of government, author of a column of
elections "the Ballot Box," which is published weekly in COUNTY
NEWS, the official publication of the National Association of Coun-
ADDITIONAL VIEWS OF HON. WILLIAM L. DICKINSON
ties, and author of "Washington Report", a monthly column published
in NEWS DIGEST, the official publication of the International Insti-
Postcard registration is "a bill to encourage and proliferate fraud
tute of Municipal Clerks.
and steal elections throughout the United States.
I cannot imagine
W. L. DICKINSON.
a proposal that provides for a more efficacious way to practice fraud
SAMUEL L. DEVINE.
and steal elections than this bill. There is not a single protection in the
CHARLES E. WIGGINS.
bill against fraudulent voting, when we get down to the final analysis".
J. HERBERT BURKE.
These harsh words were spoken on the Senate floor by the distin-
W. HENSON MOORE.
guished former Senator from North Carolina, Sam Ervin, during the
BILL FRENZEL.
92nd Congress. There are no significant differences in the Bill now
MARJORIE S. HoLT.
before us.
JAMES C. CLEVELAND.
The American Civil Liberties Union and many state and local of-
ficials also believe that postcard registration will increase the oppor-
tunities for fraud.
PERSONAL APPEARANCE REDUCES FRAUD
It is customary to require a person who desires to register to vote to
appear in person before the registrar SO he can be asked questions per-
tinent to his qualifications. At the very least, personal appearance es-
tablishes that there is an actual person registering who can offer iden-
tification. Postcard registration would do away with this means of
fraud protection which although not infallible is certainly better than
no precautions at all. A fictitious name sent in by mail is not likely
to be checked for veracity before the election, particularly in populous
areas.
Because registration forms will be available in bulk, it will be easy
for a single individual to register numerous times with little chance of
detecton simply by making multiple applications to various election
boards. The possibility for groups to engage in election fraud is just as
great, and the results would expose the electoral process to even
greater dangers.
Under the local postcard systems presently in place, state and local
officials have found it extremely difficult to prevent underage persons
from registering. Youngsters then use the registration notification
form as proof of age for being admitted to bars and restaurants.
In Maryland, nonforwardable registration notifications containing
false or fraudulent information were distributed in a test mailing.
About 10% of these cards were not returned, indicating the definite
potential of fraud.
Some proponents claim that the bill preserves the most effective
fraud prevention device in wide use today-the ability to compare the
signature of the voter at the polling place with the signature in the
official files. However, states such as Virginia have no signature law.
In these states, there will be no signature to compare with the signa-
ture on the postcard. This will open up avenues of fraud or require
substantial changes in state laws.
(21)
22
23
BURDEN OF PROOF SHIFTED
eged. This could be easily accomplished by filling out a postcard form
which would have the effect of changing an innocent citizen's name,
Section 6(c) provides that receipt of a registration notification form
place of residence or party affiliation. It is likely that the citizen would
would be prima facia evidence that the registrant is a qualified voter.
become aware of this fact only when he went to the polls to vote, at
This effectively shifts the burden of proof, with respect to citizenship,
which point nothing could be done to re-enfranchise him.
age and residence, from the applicant to the challenger.
In personal appearance registration, the registrar has an oppor-
PIILADELPHIA STORY
tunity to raise these questions and require at least some proof; he may
even delay the registration of the applicant until sufficient proof has
The possibility of such deliberate disenfranchisement is not simply
been provided.
idle conjecture. Between 1937 and 1943, political party workers in
Under a postcard system, the registrar (has nothing before him but
Philadelphia illegally filled out postcard address change forms for
the averments of the applicant). These may be verified, of course, if
members of the opposite party, thereby disenfranchising them and in-
the volume of postcards (to be mass mailed) permits sufficient time and
suring their own party victory at the polls. This practice became so
if the corroborative information is readily available. Once the noti-
wide-spread that it was a factor in the eventual abolition of the post-
fication has been mailed, however, the election officials can no longer
card registration system.
question the voter.
By greatly increasing the potential for fraud and insuring admin-
Nor can a poll watcher challenge a voter's qualifications without
istrative chaos, postcard registration may cause many state and local
sufficient proof (to rebut the statutory presumptions). The big dif-
officials to throw up their arms in resignation and switch to a system of
ference between this and the present situation is the lack of pre-
no registartion in federal elections.
registration screening. Even though a challenged ballot may be set
WM. L. DICKINSON.
aside for later resolution, in a close election it would, in all probability,
be counted before the necessary proof has been brought in. Consider-
ing the growing number of elections won by narrow margins and the
considerable problem of illegal aliens now in this country, the possi-
bility of elections turning on illegitimately registered voters is very
real. Any registration system therefore, which increases the oppor-
tunities for fraud is inimical to sound election practice.
MULTIPLE FRAUD OPPORTUNTIES
With postcard registration, an individual could register by mail and
vote by absentee ballot. Absentee ballots are an established source of
fraud; coupled with postcard registration disturbing new opportunites
for fraud would be visited upon an already suspicious electorate.
Proponents claim that adequate fraud checks are contained in the
bill to prevent such practices; they further state that similar systems
have already been implemented in several states with no reports of
fraud. Closer analysis reveals, however, that these states conducted al-
most no serious investigations into the question of actual fraud. Even
(de minimus) fraud checks were not followed. For example, New
Jersey requires that each registration by posteard must contain a
counter-signature of a witness to that registration. State and local
officials, however, have not checked the accuracy or authenticity of
such counter signatures. Because state and local officials have not ad-
hered to the fraud safeguards provided for under existing systems,
proponents cannot claim that these systems are fraud-free. Further
investigations are needed before such an assessment can be made.
The counter signature concept, moreover, merely requires a simple
conspiracy rather than individual fraud.
What is even more alarming is the possibility that many honest,
innocent citizens could be fraudulently disenfranchised. Pranksters
or corrupt partisans could obtain stacks of these postcards and invali-
date the registration of many innocent citizens without their knowl-
ADDITIONAL VIEWS OF HON. SAMUEL L. DEVINE
ADMINISTRATIVE OBSTACLES
Proponents of postcard registration do not seem to be fully aware
of the administrative and logistical problems involved in the imple-
mentation of a national postcard registration system. The postal serv-
ice would have to mail out, and state and local officials would have to
process, the equivalent of 500 stacks of postcards each one the height
of the Washington Monument. The Voter Registration Administra-
tion would not only have to deal with 50 state agencies, but would also
need to exercise some degree of control over the more than 7,000 cities,
counties, and other units of local government, 173,000 precincts and
1,000,000 state and local election officials.
This legislation assumes a commonality of the voter registration
function among the 7,000 election and registration boards that does
not exist. Levels of sophistication between these boards vary from
the very simple and labor intensive to the extremely complicated and
computer intensive. It will be clearly impossible to adopt federal post-
card registration to these diverse registration systems.
H.R. 1686 would turn loose an army of untrained registrars capable
of causing disruption to state and local registration systems. Most of
the existing state postcard systems require registrars to be trained by
registration experts. Montgomery County, Maryland, for example, re-
quires each person interested in registering other people by postcards
to take an hour and half course. Not surprisingly, the Montgomery
County system works rather well (it has the advantage of having a
well-educated, affluent population which can easily fill out the cards
properly).
The proposed federal registration system does not contain any train-
ing requirement. The question arises if such training sessions are neces-
sary in high education level countries like Montgomery, aren't they
even more necessary in less educated areas? If training is not necessary,
why does Montgomery County continue to require it?
Election day difficulties.-Few people are aware of the intricacies
and complexities of the election administration processes. Hundreds of
small but separate tasks must be performed correctly and in sequence
in order to conduct a proper election. Each of these tasks, if neglected
or if improperly performed as scheduled, may lead to a serious election
day disorder.
Under postcard registration, if only 1% of the voters need election
day clarification, thousands of telephone calls would come into state
and local election offices. As telephone lines become tied up and officials
and voters are unable to get through to determine registration status,
the breakdown begins. Long waiting lines develop, harassed precinct
officials begin to lose their customary good nature, voters grow impa-
tient, and hundreds perhaps thousands of people are disenfranchised.
(25)
26
Election day snafus may result in contests that are not decided until
long after the election is over. The specter of five or six Wyman-Dur-
kin type elections awaiting resolution by Congress only further crys-
tallizes the arguments against postcard registration.
The attorneys fees generated in resolving such contests could add
tremendously to the hidden-social costs of H.R. 1686. For example, the
ADDITIONAL VIEWS OF JAMES C. CLEVELAND
legal fees for 1974 contests, without the impact of postcard generated
contests, ran in excess of $174,000, nd the Durkin-Wyman fees ran in
H.R. 1686 will add significantly to the already tremendous cost of
excess of $214,000.
holding elections-and will not only fail to improve that system but
At a time when the Federal Government is already deep in its own
will undermine its integrity-that basic ingredient that makes free
debt and is being pushed toward the rescue of debt ridden local govern-
elections work.
ments, it would seem unwise to embark upon a program which would
A thorough discussion of the pitfalls of this legislation is contained
carry with it such high costs and such little promise of solving the
in the foregoing Minority Views and also in Minority Views to accom-
problem at which it is aimed.
pany the report on last year's postcard voter registration bill (see
In addition to the extravagant costs of postcard registration, the
House Report 93-778).
virtually unlimited opportunities for fraud which it creates are appall-
The essence of the minority viewpoint was stated in the latter-men-
ing. It invites the registration of fictitious persons at vacant lots, and
tioned views as follows: "While the bill is both conceptually appealing
as many other frauds as the ingenious felon can invent. Perhaps a
and well-intentioned, closer analysis shows that it will raise havoc with
better title for H.R. 1686, would, in fact, be the "Tombstone Rubbings
election administration procedures, create chaos in the political process
Act of 1975."
and disenfranchise many honest, innocent citizens.
SAMUEL L. DEVINE.
Postcard registration, in addition to its potental for fraud and
confusing administrative red tape, will set up a new federal bureauc-
racy with almost unlimited authority to spend huge sums of the tax-
payers' money at a time when we should be reducing both the size and
the cost of government.
It has been costing about $200 million a year just to administer
the electoral process (this figure does not include the money spent on
campaigns).
The estimates of the annual cost of a national postcard registra-
tion system run all the way from $15 to $500 million. Most estimates
fall into the $30 and $125 million range H.R. 1686 would authorize $50
million.
Even proponents admit that it will be costly. One friendly witness
testified that it would be "scandalously wasteful" to make a mass mail-
ing of the postcards to every household. Another witness cited figures
between $320 and $500 million as the actual cost if the cards are mailed
to every household. During the mark-up, Subcommittee Chairman
Dent estimated $100 million.
GUARANTEED WASTE
It appears certain that this bill sets in motion an almost uncontrol-
lable appetite for federal money. While most people really concerned
with electoral participation will see the expense as excessive, some
honest folk will disagree. There is one extravagance in H.R. 1686,
however, that no amount of congenial argument can explain away.
That is a mandated waste of $10 million a year.
Dr. Richard Smolks zeros in on the problem in the following two
paragraphs:
Distribution of the forms. H.R. 1686 provides for mass dis-
tribution of voter registration forms to every household in
the United States at least once every two years. There are
(27)
28
more than 100 million registered voters in the United States.
Every one of these 100 million registered voters would re-
ceive a voter registration form which would be of no possible
use. This provision of the bill absolutely guarantees a waste
of approximately $20 million every two years merely for
printing, handling and postage of forms going to persons al-
read registered.
ADDITIONAL VIEWS OF CHARLES E. WIGGINS
This bill will waste more money for postage alone than is
currently being spent to register voters by all state and local
IMPACT ON THE FEDERAL SYSTEM
governments combined in any election year. But further
waste is inevitable. If only 10 percent of the 100 million vot-
Postcard registration could profoundly alter the federal structure in
ers who are already registered actually complete the form
the area of election administration by taking from the States the time-
and send it to their local registrar or call, or write the regis-
honored responsibility for voter registration and giving it to the Fed-
trar to inquire about it, personnel and processing costs of addi-
eral bureaucracy. Up to now, Congress has legislated in the registra-
tional millions will be added. This is one of the excellent
tion field only when it believed that due process of equal protection
reasons why both Maryland and New Jersey rejected any
were being denied.
attempt to mass mail voter registration forms.
There may be a need for Congress to establish statutory minimum
standards, but it should not dictate procedures, foolish or otherwise.
This mandated waste is unconscionable and particularly SO in view
Postcard registration would set up yet another federal bureaucracy
of the increasing awareness (prompted by the New York City situa-
with the customary "Big Brother" overtones. At worst the Voter Reg-
tion) that we should be making an aggressive effort to trim the federal
istration Administration could become a partisan agency, giving aid
budget and its staggering deficit,
to its political allies while refusing to give aid and advice to its
JAMES C. CLEVELAND.
enemies. More likely, however, the Administration would simply be-
come another moribund bureaucracy which would slow the registra-
tion efforts of the individual states by accident rather than by design.
Section of the bill would require that state and local officials
process the registration forms, but that the Voter Registration Admin-
istration determine the cost of the processing. What if there is dis-
agreement? What if the costs of processing exceed the administration's
estimates? Will state and local governments be forced to make up the
difference?
Section
of the bill requires that each of the approximately
three 1 hundred thousand state and local election officials as defined
by the Act may request federal intervention in the registration process
if they have reason to believe that individuals who are not qualified
electors are attempting to register. Any one of this legion of state and
local officials could use this provision to block the registration of
students, blacks, and other minorities. This provision would severely
cripple the Voting Rights Act of 1965 and the Voting Rights Act
Amendments of 1970. By the time the Voter Registration Adminis-
tration could fully. investigate and check the validity of the state and
local official's complaint, registration would probably be closed and
election day have come and gone.
REDUCING REGISTRATION
Several state and local officials and Dr. Richard Smolka, Director of
the Institute of Election Administration and a leading expert on voter
registration, have expressed the belief that a federal postcard regis-
tration system might reduce overall voter turnout.
1 Exact figure being researched.
(20)
30
There are several ways that postcard registration could reduce voter
turnout:
1. Past experience with address changes by postcard indicates that
up to one-third of the postcards may be either illegible or incomplete.
This problem is especially acute among the poor and lower middle
class voters-the main target of the proposed legislation. If the name
ADDITIONAL VIEWS OF J. HERBERT BURKE
or address is incomplete or illegible, there is often no way of finding out
who sent in the card. People who send in these illegible and incomplete
H.R. 1686, it is argued, will bring U.S. voting turnouts more in line
cards, despite warnings to the contrary, will often think they are
with other western democracies. Such a claim is based on the fallacious
registered when they are in fact not. On election day these people will
assumption that such a difference in voter interest really exists.
be ineligible to vote and further alienated from the system.
In fact, when comparable situations are analyzed, turnout in the
2. Postcard registration would be dependent on the U.S. mail system
United States is remarkably similar to that in other western de-
which has been known to be both inefficient and unreliable. Mail service
mocracies. Complex and significant differences between political sys-
is especially bad in poor and lower middle class neighborhoods, where
tems and methods of computing voter turnout account for many of
most pockets of low registration are located. With 150 million or more
the apparent disparities between the United States and other countries.
pieces of mail shuttling back and forth in the postal system, there will
Specifically, unlike the United States, some European countries ex-
be undoubtedly considerable loss and confusion. Disenfranchised will
clude those legally and mentally unable to vote from their computa-
occur because cards will be lost or arrive too late to be processed.
tions on total voting age population, thus boosting their participation
3. States may decide to separate federal from state and local elec-
percentage in relation to the United States. Also, in a few countries,
tions by scheduling the latter in odd number years as New Jersey and
voting is compulsory; and in some cases, the figures given are simply
Virginia have done. The total separation of state and local elections
inaccurate. For example, the Australian Embassy has stated that their
from federal elections will tend to reduce voter turnout in all elections.
turnout figure is significantly lower than the quoted 97 percent.
4. If the states did not adopt postcard registration for all elections,
In the British parliamentary election of 1970, 71 percent of all
voters would have to comply with two registration procedures-one
eligible voted, 11 percent more than in the United States. However,
for federal elections and another for state and local elections. Con-
turnout in Britain's poor urban areas was 45-52 percent the same as it
fusion would result when registrars and voters attempt to determine
is in the United States. Suburban London turnout was 65-75 percent,
which persons are entitled to vote in all elections, which one federal
roughly equivalent to the average U.S. suburban turnout. High turn-
elections, and which ones in state and local elections. Many people
out, which raised the total percentage, occurred in areas with unique
would assume that they are registered for all election, when in fact
political conditions uncommon in America. For example, in Cornish,
they are only registered for and can only vote in either state and local
Welsh, Scottish, and Northern Irish districts, three- and four-way
or federal elections. These registrants will be partially disenfranchised
races accounted for a higher than average turn out of 75-90 percent.
and understandably annoyed.
Likewise, top turnout of 90-92 percent was observed in Northern Irish
5. Perhaps the major cause for low turnout is voter alienation. Post-
districts where internal strife replaced politics as usual.
card registration would eliminate the only face-to-face contact many
During very recent years, turnout in both Canada and Great Britain
people have with their political system prior to election day. A study
has dropped about 5-7 percent, a figure quite similar to the drop in
published in Public Opinion Quarterly by Robert Kraut and John
the United States.
McConahay found that person-to-person contact with an eligible voter
Critics of the U.S. electoral habits are fond of saying voter turnout
prior to election day will increase the likelihood that he or she will
is abysmally low-only 55 percent in 1972, and they are equally fond
vote. Conversely, the lack of such contact will probably reduce the
of saying that postcard registration will somehow improve this.
likelihood of an eligible voter actually going to the polls. Postcard
What is wrong with the basic asertion is, of course, that the 55 per-
registration will eliminate this vital encounter.
cent figure is inaccurate. When aliens, the mentally ill, prisoners, ex-
There is no compelling reason to enact H.R. 1686, indeed if one is
felons, invalid ballots, those disqualified by residency requirements,
committed to the solution of the problem it purports to address. There
those who are ill on election day, those who do not vote for President,
are many compelling reasons not to enact this Bill.
etc. are properly accounted for, turnout is actually somewhat higher.
CHARLES E. WIGGINS.
Illegibility. Without tight control as in the case under present state
laws, there may be many illegible and incomplete postcards. Previous
experiences with postcards registration and address changes in Los
Angeles, Philadelphia, and the State of Washington, Hawaii and
Montana indicate that up to from 10 to 33 percent of the postcards
returned to state and local officials may be returned either incomplete
or illegible.
(31)
32
Experience has also shown that registration forms are not easily
filled out no matter how simple they appear to be. For example, even
where there is special training for assistants to help fill out forms
accurately and completely, there is still a significant percentage of
error.
In order to process the illegible and incomplete postcards, an inter-
ADDITIONAL VIEWS OF HON, BILL FRENZEL
change of correspondence will sometimes be necessary, a costly and
I do endorse the primary minority views signed by all the Republi-
time-consuming process. Even then, states and local officials may well
can Members of the Committee. These additional remarks are aimed
accumulate thousands of postcards that will be completely unsuitable
at specific aspects of the bill on which I believe more comment is
for processing because of illegible handwriting or insufficient infor-
mation. These applicants will be surprised, and dismayed, on election
necessary.
First, H.R. 1686, however nobly motivated, or however conceptually
day when they find they are not registered to vote.
Dual registration: Most state and local officials have stated that
appealing, simply will not do the job claimed for it. Instead it will be
federal postcard registration would result in dual registration sys-
counterproductive, and may actually reduce voter participation. Cer-
tainly it will raise havoc with existing registration systems. Surely it
tems. As a result, two sets of records would have to be maintained
or distinguishing marks would have to be made to separate the various
will foul up registration administration. It may increase voter aliena-
tion, disenfranchise otherwise qualified voters. Finally, it will be a
classes of registrants.
Presently, there are over 521,000 elected public officials in the United
scandalous waste of the taxpayers money.
States of whom 535 sit/ in Congress. Approximately 999 out of every
Poll after poll has shown conclusively that people don't vote for
thousand elected officials are state and local officials. Under a dual
reasons other than difficulty in registering. Of those who do register,
registration system, citizens who register by postcard will only be
only 75 percent vote in a Presidential election. And only the most
able to vote in federal elections.
highly motivated even bother to register.
In some instances, it would be necessary to have separate ballots and
Repeated surveys by the Census Bureau shows that the principal
separate voting machines: One set for federal elections and one set
reasons for non-voting is apathy and hostility toward politics. No
for state and local elections. There would be additional costs, addi-
postcard can change these attitudes. As a matter of fact, most people
tional clerks needed, as well as increased expertise. This would en-
won't fill out postcards.
tail an additional expense of many millions of dollars at a time when
Postcard registration, with proper controls (this bill does not have
the public is wrestling under the twin federal spending burdens of
such controls), works well in metropolitan Minneapolis or in Mont-
taxation and inflation.
gomery County. Voters there are educated and affluent. They are used
J. HERBERT BURKE.
to using the mails to conduct business. The people that this bill pur-
ports to help-the unregistered, the disadvantaged, the poor, the mi-
norities-don't regularly use the mail. Many don't even have regular
addresses. Many would have difficulty filling in the card. This group
simply will not be helped by postcards.
Four states used some form of postcards in the last election. None
of these states mailed cards to homes or postal boxes. In Texas, cou-
pons in newspapers could be mailed in. In Maryland, cards were dis-
tributed by trained personnel who helped the registrants fill them in.
In New Jersey and Minnesota, they were placed in public buildings
and distributed by untrained groups and individuals, but not mailed.
In New Jersey, they had to be countersigned.
These states had interesting experiences. Together they averaged
7.6 percent below the national average in 1974 voter turnout, while
they had averaged only 2.8 percent below in 1972, and 4.9 percent
below in 1970. Each had a substantially lower turnout then in the
previous comparable election. Altogether, they are an excellent ex-
ample of the fact that postcard registration does not improve voter
turnout.
(33)
34
One of the reasons, postcard registration reduces voter turnout is
that it diverts local resources and personnel from other more effective
registration activities. Effective programs, like face-to-face registra-
tion through mobile or branch registration offices should be encouraged
not crowded out. In other words, if the federal government forces the
states to go to postcard systems, the states will reduce registration
ADDITIONAL VIEWS OF HON. W. HENSON MOORE
efforts that really work.
The costs are staggering. With a $74 billion deficit, we have no
Numerous flaws exist in the language of H.R. 1686 as reported by
business instituting a system which we know won't work, but which
the House Administration Committee.
will cost anywhere from $50 million to $500 million. Remember, it is
Under the present provisions of the bill, the Commonwealth of
not just the costs of printing and mailing. The largest costs are in
Puerto Rico is uniquely exempted from post card voter registration
handling the cards, making call-backs on incomplete card, checking
requirements. Evidence presented to the Committee indicates that
the duplicate registrations, etc. All these costs are being federally
Puerto Rico has an above average voter turnout under its present voter
forced on the states, and onto our local governments. Surely the clerks
registration system and therefore would not "benefit" by the alleged
will have no time to do anything else like registering real, live people.
"improvements" of post card voter registration. I commend Puerto
This year's bill has two new features. Both involve the Federal
Ricans for their civic participation in the election process, but I would
Elections Commission. Instead of the Census Bureau (Senate version)
also like to suggest to my colleagues that what is sauce for the goose
or the General Accounting Office (last session's House version), this
should be sauce for the gander. North Dakota has no voter registration
year the administration of postcard registration is given to the FEC.
system whatsoever. Therefore, the suggested premise that voter reg-
The FEC did not ask for the job. It was not officially consulted. It
istration systems deter high voter turnout simply does not apply. With
is already overburdened and underfinanced. This extra burden may
this in mind, why not exclude North Dakota from post card voter
kill the FEC.
registration? Why not exempt other rural areas within certain States
The second new feature changes the Congressional veto power over
that have no pre-registration requirements?
FEC election rulings. I have commented on this nongermane amend-
The views of State officials who would be required to work with
ment elsewhere in this report.
post card registration on a day-to-day basis also merit attention. With
Because I believe that we have an obbligation to try to register
all of the potential snafus inherent in post card registration, it is not
every citizen, and to try to stimulate every citizen to vote, I have in-
surprising that a sizeable majority of state and local officials oppose
troduced H.R. 5721 as a substitue for H.R. 1686. H.R. 5721 preserves
post card registration. In a 1973 poll of the Secretaries of State. only
our federalist system. It lets state and local officials decide which is
three felt that a system of federal post and registration would be better
the best registration system for their areas.
than their current state system. Eight Secretaries felt that at a given
It recognizes the federal responsibility for registration by provid-
cost other alternatives may be better than the post card system. Thirty
ing funds, on the basis of population, to the states. But it preserves
preferred their current system to post card registration.
the states' rights to choose how to improve their systems. The fund
I also have reservations about the advice and consent problem drag-
distribution is a sort of revenue sharing plan which will work without
ged into H.R. 1686 during its mark-up. The bill stipulates that both the
a bureaucracy and without needless cost.
House and Senate have to approve the appointment of the three
If this substitute H.R. 5721, is made in order by the Rules Com-
Administrators of the Voter Registration Administration.
mittee, I shall offer it. I believe it recognizes federal responsibility,
The problem does not center upon the ability of the House to wisely
but does not force federal standards.
exercise such a power. Instead, the problem is of a constitutional
BILL FRENZEL.
nature. Article II, Section II of the U.S. Constitution vests advice
and consent authority in the Senate alone without any reference to the
House of Representatives.
During the hearings on H.R. 1686, Wade Martin, Jr., the Secretary
of State of Louisiana and Chairman of the Regular and Special Elec-
tion Committees of the National Association of Secretaries of State
made excellent points, several of which follow below:
To facilitate maintenance of registration lists, and to pre-
vent fraud, Louisiana, like many other states, in cooperation
with various citizen's groups, adopted a simple permanent
registraiton procedure. And experience has proved to us that
more individuals register and remain elegible to vote under
(35)
36
37
permanent registration. This system calls for change only if
the person fails to vote in a certain number of elections, or
outside the custody of the law. In New Jersey, persons ob-
changes his voting residence.
tained voter registration cards made out in the name of social
But H.R. 1686 would in effect scrap all such modern and
security recipients in order to cash stolen checks.
undesirable systems, and necessitate cumbersome, inconveni-
Although officials in Maryland and New Jersey as well as
ent and expensive re-registration.
other states have attempted to prevent the use of the voter
Since, as I have said, the voters of our state favor simpli-
registration card as personal identification, the fact that it is
fied voting and registration procedures, it is only realistic
frequently issued by the county government, and in many
to expect that many of them will fail to re-register as would
states by the same county official who authenticates birth cer-
be required by this act. They may be absent from their homes
tificates, deeds, and other legal documents, makes the voter
when the blank arrives, or may not Visit a post office; many
identification card a convincing document for most purposes.
of them may suffer as a result of the present increasing in-
efficiency of mail deliveries; or delay filling in the form. And
In light of expert testimony exposing the onerous features of
still others will simply conclude that filling out a registra-
H.R. 1686 by voting-procedures professionals and the only academi-
tion card, and delivering or mailing it to the registration offi-
cian to testify before the Committee, there is a noticeable absence of
cials, every two years or more often is just too much trouble.
evidence to support passage of H.R. 1686.
For whichever of the reasons above, or any other reason,
W. HENSON MOORE.
they fail to meet the post card registration requirement, mul-
titudes of our citizens who now regularly cast their votes
would be disenfranchised as a direct result of H.R. 1686.
One last problem is not election oriented but arises out of the fraudu-
lent use of the Notification of Registration Forms as a means of identi-
fication. Nationally prominent political scientist Richard Smolka
addressed this particular problem in an incisive manner:
There is also one non-election related potential effect of
H.R. 1686 which I would like to bring to the attention of this
committee. The voter identification card which is issued by
many states and which would be required under this legisla-
tion has increasingly been used fraudulently. Misuse of this
identification to establish citizenship, age or residence has
become SO frequent that the New York State Board of Elec-
tions has called the attention of the County Election Commis-
sioners to the situation. Dr. Rossotti and I found misuse of the
card in both Maryland and New Jersey where mail registra-
tion made it easy to obtain. Misuse has also been reported in
Florida and in other states which do not have registration by
mail.
Although the misuse does not effect elections, when aliens
illegally in this country use a voter registration card to obtain
"instant citizenship" and thereby take employment away from
American citizens and taxpavers, there may be widespread if
unintended. consequences. Election officials have no control
over the misuse especially if the cardholder never comes to
the polls. Other less important uses include proof of age by
minors to obtain alcholic beverages, and proof of residence by
persons who wish to avoid out-of-state fees.
In Dade County, Florida. officials report that persons ac-
cused of misdemeanors are released upon posting of a $1 bond
and their voter registration card. Prostitutes, it is alleged, reg-
ister repeatedly with various names and addresses to remain
ADDITIONAL VIEWS OF HON. MARJORIE S. HOLT
H.R. 1686 is a pathetic bill, unneeded by the general public, unwant-
ed by the taxpayer, a bill supported by many groups in whose inter-
est it might be to control the system of voter registration within the
United States. I will raise a few procedural questions as a former ad-
ministrator of elections for Anne Arundel County, Maryland. I do SO
because federal post card registration would be a tacticians nightmare.
Distribution of completed and blank registration cards.-As H.R.
1686 is now written, the Voter Registration Administration will be
required to determine where postcards must be returned. In states
with centralized registration systems, which is the exception to the
rule, this would be relatively simple. But most states enjoy local au-
tonomy in registration. In such cases, determination would be vir-
tually impossible. The Administration would have to print with differ-
ent return addresses, postcards for every local registration jurisdic-
tion. In itself, this is an enormous expense, but the Administration
must additionally print forms for every jurisdiction in several differ-
ent languages, increasing the distribution problem and the costs.
The problem which will face the Federal Government in sending
out the cards will be more than just an accurate return address, it will
also add a burden to the Postal Service because the return address will
be accurate only if delivered to the correct postal patron. I under-
stand, for example, that Madison County, Alabama contains 14 county
and five state offices which have defined duties in connection with fed-
eral elections. Which of these is the proper authority to which post-
cards should be returned and how will the postman know which card
to deliver to whom?
Size of the card.-Although it is generally assumed that the post-
card application will be the size of a standard postal card, the amount
of information necessary to determine voter qualification, written leg-
ibly, may require a form of extraordinary size. Each card must con-
tain an explanation of basic election information including: (1) A
statement of the penalties for fraudulent registration, (2) a note that
failure to designate party preference may, in some states, disenfran-
chise the voter in nominating elections, (3) a notice that those who are
already registered need not register again, (4) instructions telling the
citizen that his registration is not valid until confirmation is received
by mail, etc.
Duplicate registration.-Large numbers of citizens will be inclined
to register several times. If registration postcards are distributed to
every holsehold, persons already holding a valid registration will re-
register, requiring a crash program of checking thousands of prob-
ably illegible registrations to purge duplicates.
Duplicate registrations are already becoming a problem in many
states with liberal registration laws. These systems, however, are in-
(39)
40
compatable with the proposed federal system. Under state systems
with postcards, the cards are not distributed to every household and
those who are already registered would be less likely to register a sec-
ond or third time. Some of these systems are based on the use of trained
registrars who will check to see if a person is already registered. With
ADDITIONAL VIEWS ON REGULATION APPROVAL PRO-
an army of untrained registrars, as under the federal system), many
CEDURES OF HON. BILL FRENZEL AND HON. W. HEN-
people will register again because they will not be queried and will not
SON MOORE
know whether they are already registered and will fear disenfran-
chisement if they do not re-register.
HR.. 1686 contains another especially bad provision in Section
Duplicate registrations are already a problem in many states lack-
15 (c) (3). This amendment provides that the House Administration
ing a centralized system. With an uncontrolled system of distribu-
Committee, by its inaction can disapprove the Federal Election
tion, duplicates would become a major problem.
Commission's rules and regulations.
Bookkeeping problems.-People do not always follow instructions.
The amendment is surely not germane because it seeks to funda-
Sometimes they sign their names in full, sometimes they use their
mentally alter the procedure of approval of regulations of the Fed-
commonly-called names, and other times they use only initials. What
eral Election Commission within a bill that is designed to deal with
will happen when an individual registered in a precinct as Robert J.
a very limited aspect of the election process.
Smith has to be matched with postcards from the same address from
This provision provides a method by which the FEC's regulations
R. J. Smith, R. James Smith, and Bob Smith.
can be rejected not by a vote of the entire House but by Committee
If two similar names turn up at the same address, it is impossible
action or by inaction. This shifts the responsibility of the whole
to know if they are father and son; relatives, or the same person. State
House to a single Committee, which already has rejected one single
and local officials must check every apparent duplication. MOST
regulation to come before it.
DO NOT HAVE THE BUDGETS AND MANPOWER TO DO
We support the existing veto process under which either House
SO.
of Congress is able to veto any and every regulation of the FEC by
Inadequacy of mail addresses.-In some areas, there will be no way
a majority vote. The present process has proved workable, and it
to identify by post office address of the registrant in which precinct
gives every Member a chance to vote when a regulation is rejected
he lives. In many states, a zip code or even a city address might
rather than restricting that decision to a single committee.
include several towns and certainly will include a number of pre-
It has been difficult for Congress to get used to handling the exist-
cincts. Rural delivery routes also include a large number of precincts.
ing veto process. So far Congress has vetoed the first two regulations
Registration by postcard would provide no method of determining the
proposed by the theoretically independent Elections Commission.
precinct of these people.
We believe that allowing Congress to veto by inaction, or negative
Sabotage.-Under post card registration, individuals wishing to
vote within a single committee, is bad administrative practice and
befoul the system of postcards and raise havoc not already im-
is contrary to the traditional practice of letting the whole House work
plicitly created by this law may fill out many postcards with fraud-
its will on such questions. In addition, the amendment gives the
ulent names and addresses. This is particularly true because of ex-
appearance that Congress is reneging on a promise made to the people
treme laxity in the method of distribution. Once again, Clerks would
in 1974 when we created the "Independent" FEC.
be forced to spend excessive time, non-existent budgets, and hire more
H.R. 1686 is bad enough without carrying the additional burden
people to sort genuine applications from the fakes. Until now, even
of this nongermane and ill-advised amendment.
states with postcard registration have not had this problem, because
BILL FRENZEL.
their method of distribution is much more controlled.
W. HENSON MOORE.
H.R. 1686 features bad amendments such as its inclusion in the
(41)
Federal Elections Commission and the Puerto Rico exemption from
the law. States presently, and their localities, are doing a good job
in registration. Where they fail, corrections can and must be made
at the state level.
Passage of H.R. 1686, in my view, would be the coup de grace in
undermining the faith, or what little is left of it, of the American
people that elections can be fairly and efficiently administered.
MARJORIE S. HOLT.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-669
VOTER REGISTRATION ACT
NOVEMBER 17, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. HAYS of Ohio, from the Committee on House Administration,
submitted the following
REPORT
together with
MINORITY VIEWS, ADDITIONAL VIEWS, AND ADDI-
TIONAL VIEWS ON REGULATION APPROVAL PROCE-
DURE
[To accompany H.R. 1686]
The Committee on House Administration, to whom was referred
the bill (H.R. 1686) having considered the same, report favorably
thereon with amendments and recommend that the bill as amended do
pass.
On November 7, 1975, a quorum being present, the Committee
adopted by recorded vote of 17 ayes and 16 nays, a motion to report
H.R. 1686 as amended. The amendment strikes out all after the enact-
ing clause and inserts in lieu thereof a substitute text which appears in
italic type in the reported bill.
No special oversight findings were necessitated as a result of con-
sideration of this resolution.
No budget statement is submitted.
No estimate or comparison was received from the Director of the
Congressional Budget Office as referred to in subdivision (C) of Clause
2 (1) (3) of House Rule XI.
No findings or recommendations of the Committee on Government
Operations were received as referred to in subdivision (d) of clause
2 (1) (3) of House Rule XI.
Certain portions of H.R. 1686 that might be of interest were dis-
cussed with the Chairman and staff of the Post Office and Civil Serv-
ice Committee. The bill is to come before the House under an open rule
and the Members of Post Office and Civil Service Committee will have
a full and fair opportunity to offer such amendments or comments on
the Floor of the House as they deem appropriate. Such procedure con-
forms with Clause 5 of Rule X of the Rules of the House.
57-006
2
3
INFLATIONARY IMPACT STATEMENT
local election official. The State or local election official will be re-
sponsible for verification of the returned form, and shall promptly
The enactment of H.R. 1686 is not expected to have an inflationary
mail to the applicant a registration notification form which advises
impact on prices and costs in the operation of the national economy,
the applicant whether his registration has been accepted or rejected.
especially during the current serious recession.
Presentátion of the registration notification form at the polls shall
not be required as condition to cast one's ballot. Possession of such
PURPOSE OF THE BILL
form, however, will be prima facie evidence that one is a qualified
registered elector who is entitled to vote. The provisions of this bill
The purpose of the bill is to encourage increased voter participation
are not intended tó eliminate certain State requirements of party
in the electoral process by facilitating the mode of voter registration.
affiliation or declarátion for obtaining primary ballots which are
designed to prohibit cross party voting in primaries.
WHAT THE BILL DOES
To help insure against abuses of this registration system, the bill
H.R. 1686 creates the Voter Registration Administration within the
provides that the Administration shall, at the request of a State
Federal Elections Commission. The Administration will be responsible
official, provide assistance to such State in preventing fraudulent
for implementing a system of post card voter registration for Federal
registration or voting within the State. It was the intention of the
elections. Additionally, the Administration will collect, correlate, and
Committee that this assistance be on a mon-partisan basis. In addition
publish information concerning elections and will provide information
to the appropriaté Federal criminal penalties and available actions
on a non-partisan basis to State officials concerning voter registration-
under State law, the Administration or a State official may request
by-mail and election problems generally.
the Attorney General to bring a civil action to enjoin fraudulent
Under the provisions of the bill, an individual will qualify to vote
registration, attempted fraudulent registration or voting, or the pros
in Federal elections within a State if he fulfills the requirements of
curing of fraudulent registration or voting by any individuals or
that State for registration and applies for registration not later than
groups of individuals. The bill additionally provides for severe crim
30 days prior to the next Federal election. In preparing the registra-
inal penalties of fines and imprisonment for the commission of various
tion' forms, the Administration will include such information as is
offenses relating to fraudulent registration and voting.
necessary to qualify one as a voter under State law and other informa-
The cost of processing the required registration forms will be deter-
tion as deemed appropriate by the Administration to establish the
mined by the Administration and payments to the States will be made
positive identification and qualifications of a voter.
to cover the fair and reasonable costs of their processing registration
No Federal official participates in the registration process in the
forms for Federal elections. As an encouragement to the States to
States unless requested to do so by an appropriate State official.
adopt this simplified mode of registration for all elections the Admin-
The Administration is authorized to enter into agreements with the
istration is authorized to pay to any State which adopts this system for
Postal Service for the distribution (by penalty mail) except that this
State elections an amount up to 30 percent of the payment such State
section shall not entitle such individuals, groups, or organizations to
receives for processing registration forms for Federal elections. It is
any free mailing privileges with respect to distribution of the regis-
the intent of the Committee that the reimbursements made under sec-
tration forms and their voter registration drives of registration forms
tion 10 of the Voter Registration Act will ultimately augment the
throughout the country to "postal addresses and residences at least
individual budgets of the local election registration offices within each
once every two-years and before each Federal election" between 60 and
State actually processing voter registration forms in proportion to
120 days prior to the close of the States' registration for the next Fed-
the number of registration forms handled.
eral election, except there shall be no reimbursement to the Postal
The Administration is further authorized to promulgate regulations
Service for transmission of such registration forms. Additionally, reg-
to carry out the provisions of this bill. The regulations, however, must
istration forms will be available at any post office or postal substation
first be submitted to the Congress for its approval within 30 legisla-
or any rural or star route, as well as being available to any individual
tive days.
group or organization requesting such registration forms for the pur-
The bill further amends Section 316 (2) of the Federal Election
pose of conducting a voter registration drive, except that this section
Campaign Act of 1971 (2 U.S.C. 438 (c) (2)): with regard to regula-
shall not entitle such individuals, groups, or organizations to any free
tions promulgated by the Federal Elections Commission. Present law
mailing privileges with respect to distribution of the registration
requires that the Congress must take appropriate action to disapprove
forms and their voter registration drives. The Administration may
any regulation submitted by the Elections Commission within thirty
also enter into agreements with departments and agencies of the
legislative days, the absence of which action would allow the regula-
Federal government, the Secretary of each military department of the
tion to go into effect. The proposed change in the bill would require
Armed Forces of the United States, and with State officials for the
affirmative action by the Congress to approve proposed regulations
distribution of registration forms.
within thirty legislative days. The absence of such action would re-
Upon completion of the required information by the applicant,
quire the Elections Commission to resubmit another proposed regula-
the registration form shall be returned to the appropriate State or
tion to Congress for reconsideration.
4
BACKGROUND
5
The major impetus for legislation in this area has resulted from the
interest in political affairs is not substantial, it serves as out-and-out
emerging concern over the steady decline in voter participation in our
disenfranchisement. H.R. 1686 is designed to introduce uniformity
national elections over a number of years. During the hearings by the
about voter registration in preparation for Federal elections.
Subcommittee on Elections of the House Administration Committee,
Much criticism has been offered by the press, civic leaders, Members
as well as in hearings before the Senate Committee on Post Office and
of Congress, and political scientists towards an electoral process in a
Civil Service during the 93rd Congress, statistics were offered by vari-
democracy which works to discourage registration by placing the
ous witnesses to the effect that voter participation in presidential elec-
burden of registration on the citizen rather than on the government.
tions has diminished from 64 percent of the voting age population in
It was noted in the hearings by numerous witnesses that in European
1960, to 62.9 percent in 1964, 61.8 percent in 1968, and most recently, to
democracies registration is "automatic" and is the responsibility of
approximately 55 percent in the 1972 presidential race.
the government, much as the income tax procedure is in this country.
Indeed, in 1972 sixty-two million voting-age Americans did not vote.
The level of participation in the electoral process of these nationals
Of the 77,466,000 total votes cast for President in 1972, the President
since World War II has averaged nearly 84 percent of the voting age
received 47 million of those votes. This means that the President was
population, which is 24 percentage points higher than that of our own
elected by roughly one-third of the voting-age population.
country for the same period.
Evidence offered by numerous witnesses who cited studies and opin-
The existing registration laws in the various States have been criti-
ions of various research organizations, civic groups, and other election
cised as unresponsive to the actual needs of a great majority of our
experts tended to establish that the major causes for the lack of voter
citizens and have been cited as the predominant reason for non-
participation in elections are the difficulties and the barriers to voter
participation by the electorate.
registration.
It is believed that a simplified, convenient, and uniform system of
As early as-1963 President Kennedy's Commission on Registration
registration will encourage greater numbers ofeitizens to register, and
and Voter Participation concluded that "Restrictive legal and ad-
in turn, to vote in Federal elections. The post card registration system
ministrative procedures for registration and voting are a major reason
outlined in this bill is believed to be the most efficient method, that
for low participation." This conclusion was supported by a 1969
provides the greatest safeguards with the least disruption of estab-
Gallup Poll which found that the predominant reason for nonpartici-
lished procedures, that will achieve the desired goals.
pation of the electorate was that there were many obstacles to registra-
The post card system proposed in H.R. 1686 will work within the
tion. Similarly, a 1972 study by the National League of Women
traditional framework of presently established election procedures of
Voters concluded that "Millions of American citizens fail to vote not
the various States and localities. The responsibility of the Federal
because they are disinterested but because they are disenfranchised
agency will be for the distribution of the registration form and for
by the present election system." Most recently, a poll by the public
providing backup in technical or legal assistance upon the request of
opinion research firm of Daniel Yankelovich, Inc. found that three-
State or local officials.
fourths of those who did not vote in the previous presidential election
Return of completed registration forms by an applicant will be
had stated that they would have voted had they been registered. In
made to the appropriate State or local official, not to a Federal agency.
further support of the position that additional people would vote if
The responsibility for the validation of application forms and for the
they could be registered, preliminary statistics of the Bureau of
verification of requested information with existing lists of addresses or
Census were offered to show that 87 percent of those citizens who did
signatures will remain with the traditional State or local officials.
register stated that they had voted.
Since no aspect of validation or verification of signatures or ad-
There is substantial evidence demonstrating that many state and
dresses upon registration will be eliminated by this bill, it is felt that
local registration officials at the very least do not do all they can to
the principal safeguards against fraudulent registration are provided.
encourage registration and voting. For example, some ranchers in
Furthermore, during the hearings numerous witnesses testified that
western states must travel over 100 miles in order to register to vote.
from their own experiences fraud in the election process generally
In far too many states, voter registration offices are open from 9:30
does not occur at the registration level, but at the voting booths and
a.m, to 5:00 p.m. on weekdays only. Seventy-six percent have no Satur-
ballot box. It should be noted that present State or local procedures
day or evening registration in non-election months. The working man
that designate offices which are designed to limit fraudulent voting,
simply cannot get to the registration offices to register in preparation
such as poll watches and challengers, will not be affected by the bill.
for exercising his most sacred right-the right to vote.
It is believed, in fact, that the incidence of fraud in the election
Only 16 states authorize deputy registrars. Only 30 allow registra-
process will be reduced by the provisions of the bill. In addition to the
tion on weekends (and for many states that means only one weekend
present State and local controls which have not been affected by the
a year). The frustrations which result from such haphazard and un-
bill, a greater deterrent to fraud will be offered in the form of Federal
even registration laws and conditions are enough to discourage even
criminal penalties of fines of up to $5,000 or imprisonment for up to
the most interested applicant; but for citizens whose knowledge and
5 years, or both, for acts concerning fraudulent registration or voting.
These provisions will be backed up by the resources and expertise of
7
6
Federal law enforcement which will be available to the States to pro-
COST OF THE LEGISLATION
tect against the possibilities of fraud.
The bill calls for the appropriation of the sum of $50,000,000 to carry
Recently a number of States have taken steps to implement systems
out its provisions. The estimated cost for this fiscal year is $43,452,565.
of mail registration on their own. Currently, at least 15 States have
The estimated cost for the following five fiscal years is $128,658,700.
established mail registration procedures with a number of others in
the process of doing SO. During the hearings before the Subcommittee
SECTION-BY-SECTION EXPLANATION OF THE BILL
on Elections in April 1975, testimony was heard from representatives
of three states which implemented mail registration in time to sample
SHORT TITLE
its effect on registration and election administration during the 1974
elections. In these three states, Maryland, Minnesota and New Jersey,
The first section of the bill provides that the bill may be cited as the
there was a general feeling of satisfaction and pride in the accomplish-
"Voter Registration Act".
ments under mail registration.
DEFINITIONS
During her testimony, Mrs. Marie Garber, Elections Administrator
from Montgomery County, Maryland cited the following accomplish-
Section 2 of the bill contains definitions of the following terms:
ments under mail registration "New registration in 1974-the first year
(1) The term "Administration" is defined to mean the Voter Regis-
of mail registration-was up 7 percent compared with 1970, the last
tration Administration.
comparable year * * * this increase was despite such negative factors
(2) The term "State" is defined to mean each State of the United
as a lower growth rate in the community because of a slowdown in
States, the political subdivisions of each State, the Virgin Islands,
housing construction and widespread alienation from all things politi-
Guam, and the District of Columbia.
cal." Mrs. Garber further went on to cite decreased costs of administer-
(3) The term "Federal office" is defined to mean the office of Presi-
ing the election registration program due to the elimination of the need
dent, Vice President, an elector for President and Vice President,
to provide large numbers of deputy field registrars at locations such
Senator, Representative, or a Delegate to the Congress.
as supermarkets, libraries, and in mobile registration vehicles. Mrs.
(4) The term "Federal election" is defined to mean any primary
Garber said, "In the last election cycle, 1972-this is only in my election
election, general election, or special election held to nominate or elect
county-we spent $33,547 for registrar compensation. In 1974 we
candidates for any Federal office, including Presidential preference
budgeted $13,000 and spent only $8,070. For the Presidential cycle in
primaries, elections to select delegates to national political party nom-
1976 we have budgeted $10,000 for this purpose." The question of
inating conventions, or caucuses held to select delegates to such
potential fraud was also rebutted by Mrs. Garber's contention that the
conventions.
mail system in Maryland, which is quite similar to H.R. 1686, pro-
(5) The term "State election" is defined to mean any election other
vided additional anti-fraud provisions which are not present in most
than a Federal election.
face-to-face registration procedures. Fraudulent registration was
(6) The term "State official" is defined to mean any official of a
simply not evident. Mrs. Garber concluded her statement by noting
government of a State or of a county, town, village, township, parish,
that the predicted administrative problems simply did not materialize
or township election board, who is responsible for the registration of
There was a minimal number of duplicate registrations and legibility
qualified electors or who conducts or supervises any Federal election
of registration forms was not a problem.
in a State.
Mr. F. Joseph Carragher, Assistant Secretary of State from the
ESTABLISHMENT OF ADMINISTRATION
State of New Jersey, cited figures showing that with the inception
of mail registration more than 21/2 times as many people were enrolled
Subsection (a) of section 3 establishes the Administration within
to vote during the six week period immediately prior to the 1974 elec-
the Federal Election Commission.
tion, than were enrolled during a comparable period in 1970. He fur-
Subsection (b) requires the President to appoint, by and with the
ther cited the fact that for the first time in 20 years voter turnout in a
advice and consent of the Senate and the House of Representatives,
non-Presidential Federal election exceeded the turnout of the pre-
an Administrator and two Associate Administrators for terms of 4
vious year's gubernatorial election.
years each. Any person appointed by the President may continue in
The Committee feels that the post card registration system outlined
office until a successor is qualified. A person appointed to fill a vacancy
by H.R. 8053 will retain the necessary degree of local control over
may serve the remainder of the term to which his predecessor was
election procedures and will assure substantial safeguards to protect
appointed. The Associate Administrators may not be members of the
against voter fraud while providing for the greatly needed reform to
same political party, and the Administrator shall be the chief execu-
simplify registration procedures that will encourage increased voter
tive officer of the Administration.
participation in the electoral process.
DUTIES AND POWERS
1 Alaska, California. District of Columbia, Iowa, Kentucky, Maryland. Minnesota, Mon-
tana, New Jersey, New York, Oregon, Tennessee, Texas, Utah, and Wisconsin.
Section 4 requires the Administration to (1) establish and admin-
ister a voter registration program for Federal elections; (2) collect
9
8
Subsection (b) of section 7 of the bill provides that any agreement
and publish information (other than any information which permits
between the Administration and the Postal Service shall require the
the identification of individual voters) relating to elections in the
Administration to prepare a sufficient number of registration forms
United States; (3) provide information to State officials relating to
SO that such forms may be delivered by the Postal Service and máde
voter registration-by-mail and general information relating to election
available at any post office, postal substation, postal contract station,
administration; (4) obtain necessary facilities and supplies and ap-
or on any rural or star route. Such agreements also shall provide for
point and fix the pay of necessary officers and employees, who shall be
the distribution of such registration forms to any individual, group,
in the Federal competitive service; (5) appoint and fix the pay of ex-
or organization requesting such forms for the purpose of conducting
perts and consultants; (6) furnish required information to the Con-
or participating in the voter registration program.
gress on its activities, and generally on voter registration and elections,
Subsection (c) of section 7 of the bill requires the Postal Service
immediately after each biennial general Federal election; and (7) take
to distribute the registration forms at least once every 2 years and
other necessary actions to carry out the bill.
before each Federal election but not earlier than 120 days or later
than 60 days before the close or registration for the next Federal
QUALIFICATIONS AND PROCEDURE
election in each State.
Subsection (d) of section 7 of the bill permits the Administration
Subsection (a) of section 5 of the bill provides that any individual
to enter into agreements with the Secretary of each military depart-
who is a qualified voter under State law and who is registered to vote
ment of the Armed Forces of the United States for the distribution of
under the provisions of the bill may vote in Federal elections in the
registration forms at military installations.
State involved. Each State, however, shall provide for the registration
Subsection (e) of setcion 7 of the bill provides that there may be no
or other means of qualification of residents of the State who apply, not
time limit upon the general availability of registration forms made
later than 30 days before any Federal election, for registration or qual-
available under agreements pursuant to section 7.
ification to vote in such election.
Subsection (b) of section 4 of the bill permits the Administration to
PREVENTION OF FRAUDULENT REGISTRATION
furnish personnel and other assistance to State officials who request
such assistance.
Subsection (a) of section 8 of the bill provides that whenever a
REGISTRATION FORMS
State official has reason to believe that individuals who are not qual-
ified electors are attempting to register to vote under the bill, he may
Subsection (a) of section 6 of the bill requires the Administration
take any appropriate action under State law and he shall notify the
to prepare voter registration forms.
Administration to request its assistance in preventing any fraudulent
Subsection (b) of section 6 of the bill requires that printed registra-
registration. The Administration is required to give assistance in such
tion forms shall provide a simple method of registering to vote by
cases, and to issue a report with respect to its findings.
mail. Such forms shall include (1) necessary material to assure proper
Subsection (b) of section 8 of the bill provides that whenever the
identification of the individual seeking to register; (2) materials neces-
Administration or a State official finds a pattern of fraudulent regi-
sary to provide for return delivery of the registration form; and (3)
stration, or any activity designed to register individuals to vote who
information and materials necessary to prevent fraudulent registra-
are not qualified electors, the Administration or such State official may
tion, including a statement of the penalties for attempting any fraudu-
request the Attorney General of the United States to bring an action
lent registration.
under section 8. The Attorney General may bring a civil action in any
Subsection (c) of section 6 of the bill requires State officials to notify
appropriate district court of the United States or the District Court
applicants whether their registration forms have been accepted or
for the District of Columbia to secure an injunction against the fraud-
rejected.
ulent registration involved, or to obtain any other appropriate order.
Subsection (c) also provides that the possession of a registration
Any such civil action shall be brought by the Attorney General in the
notification form which indicates that an individual is entitled to vote
district court of the United States within the jurisdiction of which the
shall be prima facie evidence that the individual is qualified and reg-
fraudulent registration occurred. The district courts of the United
istered to vote. Presentation of the form, however, shall not be re-
Sates shall have jurisdiction in such actions without regard to any
quired in order for any such individual to cast his ballot.
amount in controversy.
PENALTIES
DISTRIBUTION OF REGISTRATION FORMS
Subsection (a) of section 7 of the bill provides that the Administra-
Subsection (a) of section 9 of the imposes a fine of not more than
$5,000, or a prison term of not more than 5 years, or both, against any
tion may enter into agreements with the Postal Service, with depart-
ments and agencies of the Federal Government, and with State offi-
person who knowingly or willfully (1) gives any false information
to establish his eligibility to register to vote under the bill; (2) con-
cials for the distribution of registration forms. The Administration
is not required to reimburse the Postal Service for any distribution
spires for the purpose of encouraging false registration or illegal vot-
of such registration forms.
H. Rept. 94-669-2
10
11
ing; (3) pays or accepts payment for registration or for voting; or
Federal Voting Assistance Act of 1955 with respect to any category
(4) registers to vote with the intention of voting more than once, or
of its electors, shall (1) in the case of such electors; be deemed to be in
votes more than once, in the same Federal election.
full compliance with section 6 of the bill; and (2) be eligible to
Subsection (b) of section 9 of the bill imposes a fine of not more
receive payments of financial assistance under section 10 of the bill.
than $5,000, or a prison term of not more than 5 years, or both, against
Subsection (b) of section 12 of the bill provides that nothing in the
any person who deprives, or attempts to deprive, any other person of
bill may be construed to prevent any State from granting (1) less
any right under the bill.
restrictive registration or voting practices than those prescribed by the
Subsection (c) of section 9 of the bill provides that the provisions
bill; or (2) more expanded registration or voting opportunities than
of section 1001 of title 18, United States Code, relating to fraudulent
those provided by the bill.
statements or representations, are applicable to registration forms
Subsection (c) of section 12 of the bill provides that nothing in the
prepared under section 6 of the bill.
bill may be construed to limit or repeal any provision of (1) section
202 of the Voting Rights Act Amendments of 1970, relating to ex-
FINANCIAL ASSISTANCE
panded opportunities for registering to vote and for voting for
electors for President and Vice President; or (2) the Federal Voting
Subsection (a) of section 10 of the bill requires the Administration
Assistance Act of 1955.
to (1) determine the cost of processing registration forms; and (2)
pay to each States an amount equal to such cost per card multiplied
AMENDMENTS TO TITLE 39, UNITED STATES CODE
by the number of registration cards processed in the State involved.
Subsection (b) of section 10 of the bill permits the Administration
Subsection (a) of section 13 of the bill amends section 3202(a) of
to make payments to any State adopting the registration form and
title 39, United States Code, to permit mail relating to voter registra-
system established by the bill for State elections, in amounts not ex-
tion under sections 6 and 7:of the bill to be mailed as penalty mail.
ceeding 30 percent of the amount paid to the State under subsection
Subsection (b) of section 13 of the bill amends section 404 of title 39,
(a) of section 10 for the most recent general Federal election in such
United States Code, to permit the Postal Service to enter into arrange-
State. Subsection (c) of section 10 of the bill provides that payments
ments with the Administration for the collection, delivery, and return
under section 10 may be made in installments and in advance or by way
delivery of voter registration forms.
of reimbursement.
REGULATIONS
AMENDMENT TO TITLE 5, UNITED STATES CODE
Subsection (a) of section 11 of the bill permits the Administration
Section 14 of the bill amends section 5316 of title 5, United States
to issue rules and regulations to carry out the bill. Such rules and
Code, to provide that the Administrator and Associate Adminis-
regulations may exclude a State from the bill if such States does not
trators of the Administration shall be paid at level V of the Executive
require applicants to register before the date of any Federal election.
Schedule.
Subsection (b) of section 11 of the bill requires the Administration,
CONGRESSIONAL APPROVAL OF REGULATIONS
before prescribing any rule or regulation under section 11, to trans-
mit a statement to the Congress setting forth the proposed rule or regu-
Section 15 of the bill amends the Federal Election Campaign Act of
lation and containing a detailed explanation and justification of the
1971 and the Internal Revenue Code of 1954 to provide that rules and
rule or regulation.
regulations proposed to be prescribed by the Federal Election Com-
If the Congress approves, through appropriate action, any rule or
mission may not take effect unless such rules and regulations are ap-
regulation transmitted by the Administration no later than 30 legis-
proved by the Congress, through appropriate action, no later than 30
lative days after receiving the rule or regulation, the Administration
legislative days after being transmitted by such Commission.
may prescribe such rule or regulation. The Administration may not
The amendments also provide that if any rule or regulation is not
prescribe any rule or regulation which is not approved by the Congress,
approved by the Congress, the Commission may modify or amend such
but the Administration may resubmit any such rule or regulation, after
rule or regulation and transmit it to the Congress for reconsideration.
making modifications with respect to such rule or regulation, for fur-
Existing law provides that any proposed rule or regulation of such
ther consideration by the Congress.
Commission may take effect if it is not disapproved by the Congress,
The term "legislative days" is defined to exclude any calendar day on
through appropriate action, no later than 30 legislative days after its
which both Houses of the Congress are not in session.
transmission to the Congress.
EFFECT ON OTHER LAWS
AUTHORIZATION OF APPROPRIATIONS
Subsection (a) of section 12 of the bill provides that any State
Section 16 of the bill authorizes to be appropriated not more than
adopting the Federal assistance post card form recommended by the
$50,000,000 to carry out the provisions of the bill.
12
13
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
(E) the United States Employment Service and the sys-
tem of employment offices operated by it in conformity with
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
the provisions of sections 49-49c, 49d, 49e 49k of title 29,
and all State employment systems which receive funds ap-
ported, are shown as follows (existing law proposed to be omitted is
propriated under authority of those sections; and
enclosed in black brackets, new matter is printed in italic, existing
(F) any college officer or other person connected with the
law in which no change is proposed is shown in roman)
extension department of the college as the Secretary of Agri-
culture may designate to the Postal Service to the extent
TITLE 39, UNITED STATES CODE
that the official mail consists of correspondence, bulletins,
and reports for the furtherance of the purpose of sections
341-343 and 344-348 of title 7;
§ 404. Specific powers.
(2) mail relating to naturalization to be sent to the Immigra-
Without limitation of the generality of its powers, the Postal Serv-
tion and Naturalization Service by clerks of courts addressed to
ice shall have the following specific powers, among others:
the Department of Justice or the Immigration and Naturaliza-
(1) To provide for the collection, handling, transportation, de-
tion Service, or any official thereof:
livery, forwarding, returning, and holding of mail, and for the
(3) mail relating to a collection of statistics, survey, or census
disposition of undeliverable mail;
authorized by title 13 and addressed to the Department of Com-
(2) To prescribe, in accordance with this title, the amount of
merce or a bureau or agency thereof;
postage and the manner in which it is to be paid;
(4) mail of State agriculture experiment stations pursuant to
(3) To determine the need for post offices, postal and training
sections 325 and 361f of title 7; [and]
facilities and equipment, and to provide such offices, facilities, and
(5) articles for copyright deposited with postmasters and ad-
equipment as it determines are needed;
dressed to the Register of Copyrights pursuant to section 15 of
(4) To provide and sell postage stamps and other stamped
title 17[] st and
paper, cards, and Invelopes and to provide such other evidences of
(6) mail relating Do voter registration pursuant to sections 6
payment of postage and fees as may be necessary or desirable;
7 of the Voter Registration Act.
(5) To provide philatelic services;
(6) To provide, establish, change, or abolish special nonpostal
or similar services;
(7) To investigate postal offenses and civil matters relating to
the Postal Service;
SECTION 5316 OF TITLE 5, UNITED STATES CODE
(8) To offer and pay rewards for information and services in
connection with violation of the postal laws, and, unless a different
§ 5316. Positions at level V.
disposal is expressly prescribed, to pay one-half of all penalties
and forfeitures imposed for violations of law affecting the Postal
(124) Director, National Highway Safety Bureau.
Service, its revenues, or property, to the person informing for the
(125) Directory National Traffic Safety Bureau.
same, and to pay the other one-half into the Postal Service Fund;
(126) Repealed. Pub. L. 9d-644, § (2), Jan. 2, 1971, 84 Stat.
[and]
1887.
(9) To authorize the issuance of 8 substitute check for a lost,
(127)) Direction, Bureau of Narcotics and Dangerous Drugs,
stolen, or destroyed check of the Postal Service : and
Department of Justice
(10) to enter into arrangements with the Voter Registration
(128) Auditor-General of the Agency for International Devel-
Administration of the Federal Election Commission for the col-
opment,
lection, delivery, and return delivery of voter registration forms.
(129) Vice Presidents, Overseas Private Investment Corpo-
**
ration (3)
(130) Deputy Administrator, Urban Mass Transportation
§ 3202. Penalty mail.
Administration, Department of Transportation.
(a) Subject to the limitations imposed by sections 3204 and 3207
(131) Assistant Directors, Special Action Office for Drug
of this title, there may be transmitted as penalty mail-
Abuse Prevention (6).
(1) official mail of
(132) General Counsel of the Equal Employment Opportuni-
(A) officials of the Government of the United States other
ties Commission.
than Members of Congress;
(133) Director, National Cemetery System, Veterans' Admin-
(B) the Smithsonian Institution;
istration.
(C) the Pan American Union;
(133) Deputy Administrator for Administration of the Law
(D) the Pan American Sanitary Bureau;
Enforcement Assistance Administration.
14
15
Administration. (134) General Counsel, Energy Research and Development
INTERNAL REVENUE ACT OF 1954
(135) Additional officers, Energy Research and Development
*
*
*
Administration (8).
mission. (135) General Counsel, Commodity Futures Trading Com-
SUBTITLE H-FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS
(136) Additional officers, Nuclear Regulatory Commission (5).
*
mission. (136) Executive Director, Commodity Futures Trading Com-
CHAPTER 95-PRESIDENTIAL ELECTION CAMPAIGN FUND
(137) Administrator and Associate Administrators (2), Voter
*
*
*
Registration Administration, Federal Election Commission.
§ 9009. Reports to Congress; regulations.
(a)
*
*
*
SECTION 316 OF THE FEDERAL ELECTION CAMPAIGN
ACT OF 1971
(c) REVIEW OF REGULATIONS.-
(1) The Commission, before prescribing any rule or regulation
DUTIES
SEC. 316. (a)
****
under subsection (b), shall transmit a statement with respect to
such rule or regulation to the Senate and to the House of Repre-
*
*
sentatives, in accordance with the provisions of this subsection.
(c) (1) The Commission, before prescribing any rule or regulation
Such statement shall set. forth the proposed rule or regulation and
under this section, shall transmit a statement with respect to such rule
shall contain a detailed explanation and justification of such rule
or regulation to the Senate or the House of Representatives, as the
or regulation.
case may be, in accordance with the provisions of this subsection.
(2) If [either such House does not, through appropriate action,
Such statement shall set forth the proposed rule or regulation and
disapprove the proposed rule or regulation set forth in such state-
shall contain a detailed explanation and justification of such rule
ment no later than 30 legislative days after receipt of such state-
or regulation.
ment,] the Congress approves, through appropriate action, any
(2) If the appropriate body of the Congress which receives a state-
rule or regulation transmitted by the Commission under para-
ment from the Commission under this subsection does not, through
graph (1) no later than 30 legislative days after receipt of such
appropriate action, [disapprove] approve the proposed rule or regu-
rule or regulation, then the Commission may prescribe such rule
lation set forth in such statement no later than 30 legislative days
or regulation. The Commission may not prescribe any rule or
after receipt of such statement, then the Commission may not pre-
regulation which is [disapproved by either such House] not ap-
scribe such rule or regulation. In the case of any rule or regulation
proved by the Congress under this paragraph. If any rule or regu-
proposed to deal with reports or statements required to be filed under
lation is not approved by the Congress during such period of 30
this title by a candidate for the office of President of the United
legislative days, the Commission may modify or amend such rule
States, and by political committees supporting such a candidate [both
or regulation and transmit it to the Congress for consideration
the Senate and the House of Representatives shall have the power to
in accordance with the provisions of this subsection.
disapprove such proposed rule or regulation.] , any such rule or regu-
(3) For purposes of this subsection, the term "legislative days"
lation may not take effect unless it is approved by the Congress,
does not include any calendar day on which both Houses of the
through appropriate action. The Commission may not prescribe any
Congress are not in session.
rule or regulation which is [disapproved] not approved under this
*
*
*
*
paragraph. If any rule or regulation is not approved by the Congress
during the period of thirty legislative days specified in this paragraph,
the Commission may modify or amend such rube or regulation and
CHAPTER 96-PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
transmit it to the Congress for consideration in accordance with the
*
provisions of this subsection.
§ 9039. Reports to Congress: regulations.
(a)
*
*
*
*
*
*
*
*
*
81
16
(c) REVIEW OF REGULATIONS.-
(1) The Commission, before prescribing any rule or regulation
under subsection (b), shall transmit a statement with respect to
such rule or regulation to the Senate and the House of Representa-
tives, in accordance with the provisions of this subsection. Such
MINORITY VIEWS OF HON. WILLIAM L. DICKINSON,
statement shall set forth the proposed rule or regulation and shall
contain a detailed explanation and justification of such rule or
HON. SAMUEL L DEVINE, HON. CHARLES E. WIGGINS,
regulation.
HON. J. HERBERT BURKE, HON. W. HENSON MOORE,
(2) If [either such House does not, through appropriate ac-
HON. BILL FRENZEL, HON. MARJORIE S. HOLT, AND
tion, disapprove the proposed rule or regulation set forth in such
HON. JAMES C. CLEVELAND
statement no later than 30 legislative days after receipt of such
stement] the Congreso approves, through approgriate action.
There is only one, legitimate, rationale on which to base Federal
any rule or regulation transmitted by the Commission under para-
invasion of an area traditionally left to each State, and that rationale
graph (1) no later than 30 legislative days after receipt of such
is that postcard registration will increase citizen participation in the
rule or regultion, then the Commission may prescribe such rule or
electoral process. The facts suggest that this rationale is more in the
regulation. The Commission may not prescribe any such rule or
nature of a myth.
regulation which [disapproved by either such House] not ap-
proved by the Gongress under this paragraph, If any rule or regu-
LITTLE EVIDENCE MAIL REGISTRATION WILL INCREASE VOTER
lation 28 not approved, by the Congress during such period of 30
PARTICIPATION
legislative days, the Commission may modify or amend such rule
orregulation and transmit it to the Congress for consideration in
Proponents claim H.R. 1686 will increase the number of eligible
accordance with the provisions of this subsection,
voters who register and who actually go to the polls on election day.
However, the evidence of past elections, the results of a Census Bureau
voter registration survey, and the belief of some of the proponents of
the bill themselves confirm that this bill will have little, if any, effect
10
on increasing voter registration.
The following examples from the 1972 General Election offer slim
hope of improvement,
to
1. The State of North Dakota has no pre-registration requirement
(1)
for its voters. The voters in North Dakota register at the same time
they vote on election day. This is the simplest form of voter registra-
71 with
tion available and yet in 1972, 30.1 per cent-nearly one-third-
Virb
of the eligible voters did not vote.
2. In Texas, a registration by coupon procedure is used. A voter
clips a registration coupon from his local newspaper and mails it
to his local voter registration office. Despite this simple registration
and
procedure 54.9 per cent-more than half-of the eligible voters did
not vote on election day.
to
3. In Alaska, where the voting residency requirement is 30 days,
52.5 per cent-more than half-of the eligible voters failed to cast
their ballots in the election.
4. The national average of voter participation in the 1972 presiden-
tial election was only 55.6 per cent. Some 44.4 per cent of eligible
voters failed to vote despite the provisions of the 1970 Voting Rights
Act which made it easier to vote by (1) requiring residency of only
thirty days for presidential elections; and (2) allowing absentee
voting in presidential elections.
The encouragement and facilitation of maximum participation in
the electoral process is an admirable objective which, unhappily, H.R.
(17)
H. Rept. 94-669-3
18
19
1686 does not address in any meaningful way. The only political scien-
tist to testify on this Bill was Dr. Richard Smolka who has said
Bi-annual mail-outs would make more sense, and the possibility of
Rather than rely on a method which is wasteful on its face,
voting in more than one precinct on the basis of the same notification,
ineffective in operation, and which opens the door to large
at least, would be diminished if each notification were printed with a
series of "election numbers" to be punched on each use. Each new
scale fraud, it would seem preferable if legislation were di-
notification would then start over with a new bi-annual series. This
rected to the heart of the problem, the unregistered voter.
The "unregistered voter" is well known and may be classified
would operate as a useful purging of the rolls with respect to people
who do not for any réason re-register by postcard.
into three groups, those persons who become newly eligible
by reason of age, those persons who have moved to a new
Postcard registration will be an administrative nightmare for state
county or state and those persons who simply are not inter-
and local officials, creating chaos in voter registration processes and
wreaking havoc with election day procedures. Some of the obstacles
ested in registering and voting.
are: illegibility of cards, the creation of dual registration lists for
As to the newly eligibles, a program of registration in High
state and federal elections, duplicate registrations, inadequacy of mail
Schools and Colleges would readily solve that problem.
addresses, the possibility of dirty tricks, determining where to send
As to the new address group, one Pennsylvania registrar has an
the postcard and the actual size of the postcard. With all of these po-
arrangement with the Post Office SO that he receives all address
tential Snafus, it's not surprizing that a sizeable majority of state and
changes, he then sends each registered voter a form on which they
local officials oppose postcard registration.
can update their registration. Other address change tie-ins, with such
Postcard registration may increase the potential for and offer un-
as utility companies, readily suggest themselves.
paralled opportunity for fraud. Now, as a means of fraud prevention,
As to the alienated group, Dr. Smolka has suggested a door to door
it is customary to require a person who desires to register to vote to
canvas. Such a canvas would be an ideal project for civic clubs and
appear in person before the registrar, SO they can be asked questions
thereby would significantly reduce the tax burden of registration
pertinent to their qualifications. At the very least, this establishes that
drives.
there is an actual person registering who can offer identification-not
None of these direct and obviously effective solutions are included
a fictitious name sent in by mail which cannot be checked for veracity
in H.R. 1686. In fact there is abundant evidence to suggest that post-
before the election.
card registration could reduce voter turnout.
Postcard registration will set up a new federal bureaucracy with
When postcards are mailed out before every federal election, and
almost unlimited authority to spend huge sums of the taxpayers'
at least every two years, everyone in the country will receive them.
money. Nobody can really say what the true costs of the bill will be.
In that group are 100 million already registered voters, and if the
The estimates of the annual cost of a national postcard registration
Bill works at all, the 100 million will increase. The cost of printing,
system run all the way from $15 to $500 million. Whatever the figure,
handling, sorting and double checking-to say nothing of the real
it will be more than a country with a $90 billion targeted deficit should
cost of delivery which this Bill presumes non-existent, is utterly
spend for a program in which the experts have no confidence.
redundant. irrelevent and wasteful. It is the sort of bureaucratic
Voter registration qualifications and procedures have traditionálly
profligacy by which our citizens are increasingly annoyed, and right-
been left up to the states. Up to now, Congress has legislated in the field
fully SO.
H.R. 1686 would mandate a tremendous expansion of the staff of
involved. of registration only when due process or equal protection were
the Federal Elections Commission and add non-compatible demands
No matter how you look at this bill, it's a loser ! If our intention is
on that agency at a time when it has not fully digested the Federal
to register more people, there are better ways to do it. Instead, the
Election Campaign Act and Amendments. This delegation of voter
Congress would do well to enact legislation which will implement a
registration authority would create an unnatural mix of primary re-
national mandate to register every American who wants to vote. There
sponsibilities in both the legislative and administrative areas. Al-
are two alternatives available to us which would better meet this
though all independent agencies are hybrids partaking of some char-
challenge.
acteristics of each of the three branches of government, it is customary
The first is to provide direct grants to the states with guidelines
and sound policy not to mix primary responsibilities.
for their use to assist them in their registration efforts. The second is
H.R. 1686 implores severe burdens on the States and, as amended by
to provide states with grants for a comprehensive face-to-face regis-
the Committee, denies any financial assistance in the carrying out of
tration drive. This would aid the states in two ways; i.e., increasing
mandated functions.
registration and at the same time up-dating and purging their cur-
To add both to the expense and the possibilities of fraud, this Bill
rent lists. In the long run, this would be less expensive than a national
mandates that the postcards be made available to all organizations in
postcard system but more expensive than the first alternative.
any quantity they may request for registration drives. Some provision
These alternatives are seen by most election experts and officials
to insure responsible use of the material, such as a receipt system,
as being more cost-effective as well as more likely to increase voter
would serve the voting public well to curb potential abuses.
participation than the postcard bill which, while conceptually appeal-
ing and well-intentioned, is likely to be counterproductive.
20
1. Dr. Richard G. Smolka is a professor of Government at The
American University in Washington, D.C., and has been director of
the Institute of Election Administration at the University since 1971.
He is, also editor of ELECTION News, a monthly newsletter for
elections officials at all levels of government, author of a column of
elections "the Ballot Box," which is published weekly in COUNTY
NEWS, the official publication of the National Association of Coun-
ADDITIONAL VIEWS OF HON. WILLIAM L. DICKINSON
ties, and author of "Washington Report", a monthly column published
in NEWS DIGEST, the official publication of the International Insti-
Postcard registration is "a bill to encourage and proliferate fraud
tute of Municipal Clerks.
and steal elections throughout the United States
I cannot imagine
W. L. DICKINSON.
a proposal that provides for a more efficacious way to practice fraud
SAMUEL L. DEVINE.
and steal elections than this bill. There is not a single protection in the
CHARLES E. WIGGINS.
bill against fraudulent voting, when we get down to the final analysis".
J. HERBERT BURKE.
These harsh words were spoken on the Senate floor by the distin-
W. HENSON MOORE.
guished former Senator from North Carolina, Sam Ervin, during the
BILL FRENZEL.
92nd Congress. There are no significant differences in the Bill now
MARJORIE S. HOLT.
before us.
JAMES C. CLEVELAND.
The American Civil Liberties Union and many state and local of-
ficials also believe that postcard registration will increase the oppor-
tunities for fraud.
PERSONAL APPEARANCE REDUCES FRAUD
It is customary to require a person who desires to register to vote to
appear in person before the registrar SO he can be asked questions per-
tinent to his qualifications. At the very least, personal appearance es-
tablishes that there is an actual person registering who can offer iden-
tification. Postcard registration would do away with this means of
fraud protection which although not infallible is certainly better than
no precautions at all. A fictitious name sent in by mail is not likely
to be checked for veracity before the election, particularly in populous
areas.
Because registration forms will be available in bulk, it will be easy
for a single individual to register numerous times with little chance of
detecton simply by making multiple applications to various election
boards. The possibility for groups to engage in election fraud is just as
great, and the results would expose the electoral process to even
greater dangers.
Under the local postcard systems presently in place, state and local
officials have found it extremely difficult to prevent underage persons
from registering. Youngsters then use the registration notification
form as proof of age for being admitted to bars and restaurants.
In Maryland, nonforwardable registration notifications containing
false or fraudulent information were distributed in a test mailing.
About 10% of these cards were not returned, indicating the definite
potential of fraud.
Some proponents claim that the bill preserves the most effective
fraud prevention device in wide use today-the ability to compare the
signature of the voter at the polling place with the signature in the
official files. However, states such as Virginia have no signature law.
In these states, there will be no signature to compare with the signa-
ture on the postcard. This will open up avenues of fraud or require
substantial changes in state laws.
(21)
22
23
BURDEN OF PROOF SHIFTED
eged. This could be easily accomplished by filling out a postcard form
which would have the effect of changing an innocent citizen's name,
Section 6 (c) provides that receipt of a registration notification form
place of residence or party affiliation. It is likely that the citizen would
would be prima facia evidence that the registrant is a qualified voter.
become aware of this fact only when he went to the polls to vote, at
This effectively shifts the burden of proof, with respect to citizenship,
which point nothing could be done to re-enfranchise him.
age and residence, from'the applicant to the challenger.
In personal appearance registration, the registrar has an oppor-
PHILADELPHIA STORY
tunity to raise these questions and require at least some proof; he may
even delay the registration of the applicant until sufficient proof has
The possibility of such deliberate disenfranchisement is not simply
been provided.
idle conjecture. Between 1937 and 1943, political party workers in
Under a postcard system, the registrar (has nothing before him but
Philadelphia illegally filled out postcard address change forms for
the averments of the applicant). These may be verified, of course, if
members of the opposite party, thereby disenfranchising them and in-
the volume of postcards (to be mass mailed) permits sufficient time and
suring their own party victory at the polls. This practice became SO
if the corroborative information is readily available. Once the noti-
wide-spread that it was a factor in the eventual abolition of the post-
fication has been mailed, however, the election officials can no longer
card registration system.
question the voter.
By greatly increasing the potential for fraud and insuring admin-
Nor can a poll watcher challenge a voter's qualifications without
istrative chaos, postcard registration may cause many state and local
sufficient proof (to rebut the statutory presumptions). The big dif-
officials to throw up their arms in resignation and switch to a system of
ference between this and the present situation is the lack of pre-
no registartion in federal elections.
registration screening. Even though a challenged ballot may be set
WM. L. DICKINSON.
aside for later resolution, in a close election it would, in all probability,
be counted before the necessary proof has been brought in. Consider-
ing the growing number of elections won by narrow margins and the
considerable problem of illegal aliens now in this country, the possi-
bility of elections turning on illegitimately registered voters is very
real. Any registration system therefore,' which increases the oppor-
tunities for fraud is inimical to sound election practice.
MULTIPLE FRAUD OPPORTUNTIES
With postcard registration, an individual could register by mail and
vote by absentee ballot. Absentee ballots are an established source of
fraud; coupled with postcard registration disturbing new opportunites
for fraud would be visited upon an already suspicious electorate.
Proponents claim that adequate fraud checks are contained in the
bill to prevent such practices; they further state that similar systems
have already been implemented in several states with no réports of
fraud. Closer analysis reveals, however, that these.states conducted al-
most no serious investigations into the question of actual fraud. Even
(de minimus) fraud checks were not followed. For example, New
Jersey requires that each registration by posteard must contain a
counter-signature of a witness to that registration. State and local
officials, however, have not checked the accuracy or authenticity of
such counter signatures. Because state and local officials havernot ad-
hered to the fraud safeguards provided for under existing systems,
proponents cannot claim that these systems are fraud-free. Further
investigations are needed before such an assessment can be made.
The counter signature concept, moreover, merely requires a simple
conspiracy rather than individual fraud.
What is even more alarming is the possibility that many honest,
innocent citizens could be fraudulently disenfranchised. Pranksters
or corrupt partisans could obtain stacks of these postcards and invali-
date the registration of many innocent citizens without their knowl-
ADDITIONAL VIEWS OF HON. SAMUEL L. DEVINE
ADMINISTRATIVE OBSTACLES
Proponents of postcard registration do not seem to be fully aware
of the administrative and logistical problems involved in the imple-
mentation of a national postcard registration system. The postal serv-
ice would have to mail out, and state and local officials would have to
process, the equivalent of 500 stacks of postcards each one the height
of the Washington Monument. The Voter Registration Administra-
tion would not only have to deal with 50 state agencies, but would also
need to exercise some degree of control over the more than 7,000 cities,
counties, and other units of local government, 173,000 precincts and
1,000,000 state and local election officials.
This legislation assumes a commonality of the voter registration
function among the 7,000 election and registration boards that does
not exist. Levels of sophistication between these boards vary from
the very simple and labor intensive to the extremely complicated and
computer intensive. It will be clearly impossible to adopt federal post-
card registration to these diverse registration systems.
H.R. 1686 would turn loose an army of untrained registrars capable
of causing disruption to state and local registration systems. Most of
the existing state postcard systems require registrars to be trained by
registration experts. Montgomery County, Maryland, for example, re-
quires each person interested in registering other people by postcards
to take an hour and half course. Not surprisingly, the Montgomery
County system works rather well (it has the advantage of having a
well-educated, affluent population which can easily fill out the cards
properly).
The proposed federal registration system does not contain any train-
ing requirement. The question arises if such training sessions are neces-
sary in high education level countries like Montgomery, aren't they
even more necessary in less educated areas? If training is not necessary,
why does Montgomery County continue to require it?
Election day difficulties.-Few people are aware of the intricacies
and complexities of the election administration processes. Hundreds of
small but separate tasks must be performed correctly and in sequence
in order to conduct a proper election. Each of these tasks, if neglected
or if improperly performed as scheduled, may lead to a serious election
day disorder.
Under postcard registration, if only 1% of the voters need election
day clarification, thousands of telephone calls would come into state
and local election offices. As telephone lines become tied up and officials
and voters are unable to get through to determine registration status,
the breakdown begins. Long waiting lines develop, harassed precinct
officials begin to lose their customary good nature, voters grow impa-
tient, and hundreds perhaps thousands of people are disenfranchised.
(25)
26
Election day snafus may result in contests that are not decided until
long after the election is over. The specter of five or six Wyman-Dur-
kin type elections awaiting resolution by Congress only further crys-
tallizes the arguments against postcard registration.
The attorneys fees generated in resolving such contests could add
tremendously to the hidden social costs of H.R. 1686. For example, the
ADDITIONAL VIEWS OF JAMES C. CLEVELAND
legal fees for 1974 contests, without the impact of postcard generated
contests, ran in excess of $174,000, nd the Durkin-Wyman fees ran in
H.R. 1686 will add significantly to the already tremendous cost of
excess of $214,000.
holding elections-and will not only fail to improve that system but
At a time when the Federal Government is already deep in its own
will undermine its integrity-that basic ingredient that makes free
debt and is being pushed toward the rescue of debt ridden local govern-
elections work.
ments, it would seem unwise to embark upon a program which would
A thorough discussion of the pitfalls of this legislation is contained
carry with it such high costs and such little promise of solving the
in the foregoing Minority Views and also in Minority Views to accom-
problem at which it is aimed.
pany the report on last year's postcard voter registration bill (see
In addition to the extravagant costs of postcard registration, the
House Report 93-778).
virtually unlimited opportunities for fraud which it creates are appall-
The essence of the minority viewpoint was stated in the latter-men-
ing. It invites the registration of fictitious persons at vacant lots, and
tioned views as follows: "While the bill is both conceptually appealing
as many other frauds as the ingenious felon can invent. Perhaps a
and well-intentioned, closer analysis shows that it will raise havoc with
better title for H.R. 1686, would, in fact, be the "Tombstone Rubbings
election administration procedures, create chaos in the political process
Act of 1975."
and disenfranchise many honest, innocent citizens.
SAMUEL L. DEVINE.
Postcard registration, in addition to its potental for fraud and
confusing administrative red tape, will set up a new federal bureauc-
racy with almost unlimited authority to spend huge sums of the tax-
payers' money at a time when we should be reducing both the size and
the cost of government.
It has been costing about $200 million a year just to administer
the electoral process (this figure does not include the money spent on
campaigns).
The estimates of the annual cost of a national postcard registra-
tion system run all the way from $15 to $500 million. Most estimates
fall into the $30 and $125 million range H.R. 1686 would authorize $50
million.
Even proponents admit that it will be costly. One friendly witness
testified that it would be "scandalously wasteful" to make a mass mail-
ing of the postcards to every household. Another witness cited figures
between $320 and $500 million as the actual cost if the cards are mailed
to every household. During the mark-up, Subcommittee Chairman
Dent estimated $100 million.
GUARANTEED WASTE
It appears certain that this bill sets in motion an almost uncontrol-
lable appetite for federal money. While most people really concerned
with electoral participation will see the expense as excessive, some
honest folk will disagree. There is one extravagance in H.R. 1686,
however, that no amount of congenial argument can explain away.
That is a mandated waste of $10 million a year.
Dr. Richard Smolks zeros in on the problem in the following two
paragraphs:
Distribution of the forms. H.R. 1686 provides for mass dis-
tribution of voter registration forms to every household in
the United States at least once every two years. There are
(27)
28
more than 100 million registered voters in the United States.
Every one of these 100 million registered voters would re-
ceive a voter registration form which would be of no possible
use. This provision of the bill absolutely guarantees a waste
of approximately $20 million every two years merely for
printing, handling and postage of forms going to persons al-
ADDITIONAL VIEWS OF CHARLES E. WIGGINS
read registered.
This bill will waste more money for postage alone than is
IMPACT ON THE FEDERAL SYSTEM
currently being spent to register voters by all state and local
governments combined in any election year. But further
Postcard registration could profoundly alter the federal structure in
waste is inevitable. If only 10 percent of the 100 million vot-
the area of election administration by taking from the States the time-
ers who are already registered actually complete the form
honored responsibility for voter registration and giving it to the Fed-
and send it to their local registrar or call, or write the regis-
eral bureaucracy. Up to now, Congress has legislated in the registra-
trar to inquire about it, personnel and processing costs of addi-
tion field only when it believed that due process of equal protection
tional millions will be added. This is one of the excellent
were being denied.
reasons why both Maryland and New Jersey rejected any
There may be a need for Congress to establish statutory minimum
attempt to mass mail voter registration forms.
standards, but it should not dictate procedures, foolish or otherwise.
This mandated waste is unconscionable and particularly SO in view
Postcard registration would set up yet another federal bureaucracy
of the increasing awareness (prompted by the New York City situa-
with the customary "Big Brother" overtones. At worst the Voter Reg-
tion) that we should be making an aggressive effort to trim the federal
istration Administration could become a partisan agency, giving aid
budget and its staggering deficit.
to its political allies while refusing to give aid and advice to its
JAMES C. CLEVELAND.
enemies. More likely, however, the Administration would simply be-
come another moribund bureaucracy which would slow the registra-
tion efforts of the individual states by accident rather than by design.
Section
of the bill would require that state and local officials
process the registration forms, but that the Voter Registration Admin-
istration determine the cost of the processing. What if there is dis-
agreement ? What if the costs of processing exceed the administration's
estimates Will state and local governments be forced to make up the
difference!
Section of the bill requires that each of the approximately
three 1 hundred thousand state and local election officials as defined
by the Act may request federal intervention in the registration process
if they have reason to believe that individuals who are not qualified
electors are attempting to register. Any one of this legion of state and
local officials could use this provision to block the registration of
students, blacks, and other minorities: This provision would severely
cripple the Voting Rights Act of 1965 and the Voting Rights Act
Amendments of 1970. By the time the Voter Registration Adminis-
tration could fully investigate and check the validity of the state and
local official's complaint, registration would probably be closed and
election day have come and gone.
REDUCING REGISTRATION
Several state and local officials and Dr. Richard Smolka, Director of
the Institute of Election Administration and a leading expert on voter
registration, have expressed the belief that a federal postcard regis-
tration system might reduce overall voter turnout.
1 Exact figure being researched.
(20)
30
There are several ways that postcard registration could reduce voter
turnout:
1. Past experience with address changes by postcard indicates that
up to one-third of the postcards may be either illegible or incomplete.
This problem is especially acute among the poor and lower middle
class voters-the main target of the proposed legislation. If the name
ADDITIONAL VIEWS OF J. HERBERT BURKE
or address is incomplete or illegible, there is often no way of finding out
who sent in the card. People who send in these illegible and incomplete
H.R. 1686, it is argued, will bring U.S. voting turnouts more in line
cards, despite warnings to the contrary, will often think they are
with other western democracies. Such a claim is based on the fallacious
registered when they are in fact not. On election day these people will
assumption that such a difference in voter interest really exists.
be ineligible to vote and further alienated from the system.
In fact, when comparable situations are analyzed, turnout in the
2. Postcard registration would be dependent on the U.S. mail system
United States is remarkably similar to that in other western de-
which has been known to be both inefficient and unreliable. Mail service
mocracies. Complex and significant differences between political sys-
is especially bad in poor and lower middle class neighborhoods, where
tems and methods of computing voter turnout account for many of
most pockets of low registration are located. With 150 million or more
the apparent disparities between the United States and other countries.
pieces of mail shuttling back and forth in the postal system, there will
Specifically, unlike the United States, some European countries ex-
be undoubtedly considerable loss and confusion. Disenfranchised will
clude those legally and mentally unable to vote from their computa-
occur because cards will be lost or arrive too late to be processed.
tions on total voting age population, thus boosting their participation
3. States may decide to separate federal from state and local elec-
percentage in relation to the United States. Also, in a few countries,
tions by scheduling the latter in odd number years as New Jersey and
voting is compulsory; and in some cases, the figures given are simply
Virginia have done. The total separation of state and local elections
inaccurate. For example, the Australian Embassy has stated that their
from federal elections will tend to reduce voter turnout in all elections.
turnout figure is significantly lower than the quoted 97 percent.
4. If the states did not adopt postcard registration for all elections,
In the British parliamentary election of 1970, 71 percent of all
voters would have to comply with two registration procedures-one
eligible voted, 11 percent more than in the United States. However,
for federal elections and another for state and local elections. Con-
turnout in Britain's poor urban areas was 45-52 percent the same as it
fusion would result when registrars and voters attempt to determine
is in the United States. Suburban London turnout was 65-75 percent,
which persons are entitled to vote in all elections, which one federal
roughly equivalent to the average U.S. suburban turnout. High turn-
elections, and which ones in state and local elections. Many people
out, which raised the total percentage, occurred in areas with unique
would assume that they are registered for all election, when in fact
political conditions uncommon in America. For example, in Cornish,
they are only registered for and can only vote in either state and local
Welsh, Scottish, and Northern Irish districts, three- and four-way
or federal elections. These registrants will be partially disenfranchised
races accounted for a higher than average turn out of 75-90 percent.
and understandably annoyed.
Likewise, top turnout of 90-92 percent was observed in Northern Irish
5. Perhaps the major cause for low turnout is voter alienation. Post-
districts where internal strife replaced politics as usual.
card registration would eliminate the only face-to-face contact many
During very recent years, turnout in both Canada and Great Britain
people have with their political system prior to election day. A study
has dropped about 5-7 percent, a figure quite similar to the drop in
published in Public Opinion Quarterly by Robert Kraut and John
the United States.
McConahay found that person-to-person contact with an eligible voter
Critics of the U.S. electoral habits are fond of saying voter turnout
prior to election day will increase the likelihood that he or she will
is abysmally low-only 55 percent in 1972, and they are equally fond
vote. Conversely, the lack of such contact will probably reduce the
of saying that postcard registration will somehow improve this.
likelihood of an eligible voter actually going to the polls. Postcard
What is wrong with the basic asertion is, of course, that the 55 per-
registration will eliminate this vital encounter.
cent figure is inaccurate. When aliens, the mentally ill, prisoners, ex-
There is no compelling reason to enact H.R. 1686, indeed if one is
felons, invalid ballots, those disqualified by residency requirements,
committed to the solution of the problem it purports to address. There
those who are ill on election day, those who do not vote for President,
are many compelling reasons not to enact this Bill.
etc. are properly accounted for, turnout is actually somewhat higher.
CHARLES E. WIGGINS.
Illegibility. Without tight control as in the case under present state
laws, there may be many illegible and incomplete postcards. Previous
experiences with postcards registration and address changes in Los
Angeles, Philadelphia, and the State of Washington, Hawaii and
Montana indicate that up to from 10 to 33 percent of the postcards
returned to state and local officials may be returned either incomplete
or illegible.
(31)
32
Experience has also shown that registration forms are not easily
filled out no matter how simple they appear to be. For example, even
where there is special training for assistants to help fill out forms
accurately and completely, there is still a significant percentage of
error.
In order to process the illegible and incomplete postcards, an inter-
ADDITIONAL VIEWS OF HON. BILL FRENZEL
change of correspondence will sometimes be necessary, a costly and
time-consuming process. Even then, states and local officials may well
I do endorse the primary minority views signed by all the Republi-
can Members of the Committee. These additional remarks are aimed
accumulate thousands of postcards that will be completely unsuitable
for processing because of illegible handwriting or insufficient infor-
at specific aspects of the bill on which I believe more comment is
mation. These applicants will be surprised, and dismayed, on election
necessary.
day when they find they are not registered to vote.
First, H.R. 1686, however nobly motivated, or however conceptually
Dual registration: Most state and local officials have stated that
appealing, simply will not do the job claimed for it. Instead it will be
federal postcard registration would result in dual registration sys-
counterproductive, and may actually reduce voter participation. Cer-
tems. As a result, two sets of records would have to be maintained
tainly it will raise havoc with existing registration systems. Surely it
or distinguishing marks would have to be made to separate the various
will foul up registration administration. It may increase voter aliena-
classes of registrants.
tion, disenfranchise otherwise qualified voters. Finally, it will be a
Presently, there are over 521,000 elected public officials in the United
scandalous waste of the taxpayers money.
States of whom 535 sit in Congress. Approximately 999 out of every
Poll after poll has shown conclusively that people don't vote for
thousand elected officials are state and local officials. Under a dual
reasons other than difficulty in registering. Of those who do register,
registration system, citizens who register by postcard will only be
only 75 percent vote in a Presidential election. And only the most
able to vote in federal elections.
highly motivated even bother to register.
In some instances, it would be necessary to have separate ballots and
Repeated surveys by the Census Bureau shows that the principal
separate voting machines: One set for federal elections and one set
reasons for non-voting is apathy and hostility toward politics. No
for state and local elections. There would be additional costs, addi-
postcard can change these attitudes. As a matter of fact, most people
tional clerks needed, as well as increased expertise. This would en-
won't fill out postcards.
tail an additional expense of many millions of dollars at a time when
Postcard registration, with proper controls (this bill does not have
the public is wrestling under the twin federal spending burdens of
such controls), works well in metropolitan Minneapolis or in Mont-
taxation and inflation.
gomery County. Voters there are educated and affluent. They are used
J. HERBERT BURKE.
to using the mails to conduct business. The people that this bill pur-
ports to help-the unregistered, the disadvantaged, the poor, the mi-
morities-don't regularly use the mail. Many don't even have regular
addresses. Many would have difficulty filling in the card. This group
simply will not be helped by postcards.
Four states used some form of postcards in the last election. None
of these states mailed cards to homes or postal boxes. In Texas, cou-
pons in newspapers could be mailed in. In Maryland, cards were dis-
tributed by trained personnel who helped the registrants fill them in.
In New Jersey and Minnesota, they were placed in public buildings
and distributed by untrained groups and individuals, but not mailed.
In New Jersey, they had to be countersigned.
These states had interesting experiences. Together they averaged
7.6 percent below the national average in 1974 voter turnout, while
they had averaged only 2.8 percent below in 1972, and 4.9 percent
below in 1970. Each had a substantially lower turnout then in the
previous comparable election. Altogether, they are an excellent ex-
ample of the fact that postcard registration does not improve voter
turnout.
(33)
34
One of the reasons, postcard registration reduces voter turnout is
that it diverts local resources and personnel from other more effective
registration activities. Effective programs, like face-to-face registra-
tion through mobile or branch registration offices should be encouraged
not crowded out. In other words, if the federal government forces the
states to go to postcard systems, the states will reduce registration
ADDITIONAL VIEWS OF HON. W. HENSON MOORE
efforts that really work.
The costs are staggering. With a $74 billion deficit, we have no
Numerous flaws exist in the language of H.R. 1686 as reported by
business instituting a system which we know won't work, but which
the House Administration Committee.
will cost anywhere from $50 million to $500 million. Remember, it is
Under the present provisions of the bill, the Commonwealth of
not just the costs of printing and mailing. The largest costs are in
Puerto Rico is uniquely exempted from post card voter registration
handling the cards, making call-backs on incomplete card, checking
requirements. Evidence presented to the Committee indicates that
the duplicate registrations, etc. All these costs are being federally
Puerto Rico has an above average voter turnout under its present voter
forced on the states, and onto our local governments. Surely the clerks
registration system and therefore would not "benefit" by the alleged
will have no time to do anything else like registering real, live people.
"improvements" of post card voter registration. I commend Puerto
This year's bill has two new features. Both involve the Federal
Ricans for their civic participation in the election process, but I would
Elections Commission. Instead of the Census Bureau (Senate version)
also like to suggest to my colleagues that what is sauce for the goose
or the General Accounting Office (last session's House version), this
should be sauce for the gander. North Dakota has no voter registration
year the administration of postcard registration is given to the FEC.
system whatsoever. Therefore, the suggested premise that voter reg-
The FEC did not ask for the job. It was not officially consulted. It
istration systems deter high voter turnout simply does not apply. With
is already overburdened and underfinanced. This extra burden may
this in mind, why not exclude North Dakota from post card voter
kill the FEC.
registration? Why not exempt other rural areas within certain States
The second new feature changes the Congressional veto power over
that have no pre-registration requirements?
FEC election rulings. I have commented on this nongermane amend-
The views of State officials who would be required to work with
ment elsewhere in this report.
post card registration on a day-to-day basis also merit attention. With
Because I believe that we have an obbligation to try to register
all of the potential snafus inherent in post card registration, it is not
every citizen, and to try to stimulate every citizen to vote, I have in-
surprising that a sizeable majority of state and local officials oppose
troduced H.R. 5721 as a substitue for H.R. 1686. H.R. 5721 preserves
post card registration. In a 1973 poll of the Secretaries of State, only
our federalist system. It lets state and local officials decide which is
three felt that a system of federal post and registration would be better
the best registration system for their areas.
than their current state system. Eight Secretaries felt that at a given
It recognizes the federal responsibility for registration by provid-
cost other alternatives may be better than the post card system. Thirty
ing funds, on the basis of population, to the states. But it preserves
preferred their current system to post card registration.
the states' rights to choose how to improve their systems. The fund
I also have reservations about the advice and consent problem drag-
distribution is a sort of revenue sharing plan which will work without
ged into H.R. 1686 during its mark-up. The bill stipulates that both the
a bureaucracy and without needless cost.
House and Senate have to approve the appointment of the three
If this substitute H.R. 5721, is made in order by the Rules Com-
Administrators of the Voter Registration Administration.
mittee, I shall offer it. I believe it recognizes federal responsibility,
The problem does not center upon the ability of the House to wisely
but does not force federal standards.
exercise such a power. Instead, the problem is of a constitutional
BILL FRENZEL.
nature. Article II, Section II of the U.S. Constitution vests advice
and authority in the Senate alone without any reference to the
House of Representatives.
During the hearings on H.R. 1686, Wade Martin, Jr., the Secretary
of State of Louisiana and Chairman of the Regular and Special Elec-
tion Committees of the National Association of Secretaries of State
made excellent points, several of which follow below:
To facilitate maintenance of registration lists, and to pre-
vent fraud, Louisiana, like many other states, in cooperation
with various citizen's groups, adopted a simple permanent
registraiton procedure. And experience has proved to us that
more individuals register and remain elegible to vote under
(35)
36
37
permanent registration. This system calls for change only if
the person fails to vote in a certain number of elections, or
outside the custody of the law. In New Jersey, persons ob-
changes his voting residence.
tained voter registration cards made out in the name of social
But H.R. 1686 would in effect scrap all such modern and
security recipients in order to cash stolen checks.
undesirable systems, and necessitate cumbersome, inconveni-
Although officials in Maryland and New Jersey as well as
ent and expensive re-registration.
other states have attempted to prevent the use of the voter
Since, as I have said, the voters of our state favor simpli-
registration card as personal identification, the fact that it is
fied voting and registration procedures, it is only realistic
frequently issued by the county government, and in many
to expect that many of them will fail to re-register as would
states by the same county official who authenticates birth cer-
be required by this act. They may be absent from their homes
tificates, deeds, and other legal documents, makes the voter
when the blank arrives, or may not visit a post office; many
identification card a convincing document for most purposes.
of them may suffer as a result of the present increasing in-
efficiency of mail deliveries; or delay filling in the form. And
In light of expert testimony exposing the onerous features of
still others will simply conclude that filling out a registra-
H.R. 1686 by voting-procedures professionals and the only academi-
tion card, and delivering or mailing it to the registration offi-
cian to testify before the Committee, there is a noticeable absence of
cials, every two years or more often is just too much trouble.
evidence to support passage of H.R. 1686.
For whichever of the reasons above, or any other reason,
W. HENSON MOORE.
they fail to meet the post card registration requirement, mul-
titudes of our citizens who now regularly cast their votes
would be disenfranchised as a direct result of H.R. 1686.
One last problem is not election oriented but arises out of the fraudu-
lent use of the Notification of Registration Forms as a means of identi-
fication. Nationally prominent political scientist Richard Smolka
addressed this particular problem in an incisive manner:
There is also one non-election related potential effect of
H.R. 1686 which I would like to bring to the attention of this
committee. The voter identification card which is issued by
many states and which would be required under this legisla-
tion has increasingly been used fraudulently. Misuse of this
identification to establish citizenship, age or residence. has
become SO frequent that the New York State Board of Elec-
tions has called the attention of the County Election Commis-
sioners to the situation. Dr. Rossotti and I found misuse of the
card in both Maryland and New Jersey where mail registra-
tion made it easy to obtain. Misuse has also been reported in
Florida and in other states which do not have registration by
mail.
Although the misuse does not effect elections, when aliens
illegally in this country use a voter registration card to obtain
"instant citizenship" and thereby take employment away from
American citizens and taxpavers, there may be widespread if
unintended. consequences. Election officials have no control
over the misuse especially if the cardholder never comes to
the polls. Other less important uses include proof of age by
minors to obtain alcholic beverages, and proof of residence by
persons who wish to avoid out-of-state fees.
In Dade County, Florida, officials report that persons ac-
cused of misdemeanors are released upon posting of a $1 bond
and their voter registration card. Prostitutes, it is alleged, reg-
ister repeatedly with various names and addresses to remain
ADDITIONAL VIEWS OF HON. MARJORIE S. HOLT
H.R. 1686 is a pathetic bill, unneeded by the general public, unwant-
ed by the taxpayer, a bill supported by many groups in whose inter-
est it might be to control the system of voter registration within the
United States. I will raise a few procedural questions as a former ad-
ministrator of elections for Anne Arundel County, Maryland. I do SO
because federal post card registration would be a tacticians nightmare.
Distribution of completed and blank registration cards.-As H.R.
1686 is now written, the Voter Registration Administration will be
required to determine where postcards must be returned. In states
with centralized registration systems, which is the exception to the
rule, this would be relatively simple. But most states enjoy local au-
tonomy in registration. In such cases, determination would be vir-
tually impossible. The Administration would have to print with differ-
ent return addresses, postcards for every local registration jurisdic-
tion. In itself, this is an enormous expense, but the Administration
must additionally print forms for every jurisdiction in several differ-
ent languages, increasing the distribution problem and the costs.
The problem which will face the Federal Government in sending
out the cards will be more than just an accurate return address, it will
also add a burden to the Postal Service because the return address will
be accurate only if delivered to the correct postal patron. I under-
stand, for example, that Madison County, Alabama contains 14 county
and five state offices which have defined duties in connection with fed-
eral elections. Which of these is the proper authority to which post-
cards should be returned and how will the postman know which card
to deliver to whom?
Size of the card.-Although it is generally assumed that the post-
card application will be the size of a standard postal card, the amount
of information necessary to determine voter qualification, written leg-
ibly, may require a form of extraordinary size. Each card must con-
tain an explanation of basic election information including: (1) A
statement of the penalties for fraudulent registration, (2) a note that
failure to designate party preference may, in some states, disenfran-
chise the voter in nominating elections, (3) a notice that those who are
already registered need not register again, (4) instructions telling the
citizen that his registration is not valid until confirmation is received
by mail, etc.
Duplicate registration.-Large numbers of citizens will be inclined
to register several times. If registration postcards are distributed to
every holsehold, persons already holding a valid registration will re-
register, requiring a crash program of checking thousands of prob-
ably illegible registrations to purge duplicates.
Duplicate registrations are already becoming a problem in many
states with liberal registration laws. These systems, however, are in-
(39)
40
compatable with the proposed federal system. Under state systems
with postcards, the cards are not distributed to every household and
those who are already registered would be less likely to register a sec-
ond or third time. Some of these systems are based on the use of trained
registrars who will check to see if a person is already registered. With
ADDITIONAL VIEWS ON REGULATION APPROVAL PRO-
an army of untrained registrars, as under the federal system), many
CEDURES OF HON. BILL FRENZEL AND HON. W. HEN-
people will register again because they will not be queried and will not
SON MOORE
know whether they are already registered and will fear disenfran-
chisement if they do not re-register.
HR.. 1686 contains another especially bad provision in Section
Duplicate registrations are already a problem in many states lack-
15 (c) (3). This amendment provides that the House Administration
ing a centralized system. With an uncontrolled system of distribu-
Committee, by its inaction can disapprove the Federal Election
tion, duplicates would become a major problem.
Commission's rules and regulations.
Bookkeeping problems.-People do not always follow instructions.
The amendment is surely not germane because it seeks to funda-
Sometimes they sign their names in full, sometimes they use their
mentally alter the procedure of approval of regulations of the Fed-
commonly-called names, and other times they use only initials. What
eral Election Commission within a bill that is designed to deal with
will happen when an individual registered in a precinct as Robert J.
a very limited aspect of the election process.
Smith has to be matched with postcards from the same address from
This provision provides a method by which the FEC's regulations
R. J. Smith, R. James Smith, and Bob Smith.
can be rejected not by a vote of the entire House but by Committee
If two similar names turn up at the same address, it is impossible
action or by inaction. This shifts the responsibility of the whole
to know if they are father and son, relatives, or the same person. State
House to a single Committee, which already has rejected one single
and local officials must check every apparent duplication. MOST
regulation to come before it.
DO NOT HAVE THE BUDGETS AND MANPOWER TO DO
We support the existing veto process under which either House
SO.
of Congress is able to veto any and every regulation of the FEC by
Inadequacy of mail addresses.-In some areas, there will be no way
a majority vote. The present process has proved workable, and it
to identify by post office address of the registrant in which precinct
gives every Member a chance to vote when a regulation is rejected
he lives. In many states, a zip code or even a city address might
rather than restricting that decision to a single committee.
include several towns and certainly will include a number of pre-
It has been difficult for Congress to get used to handling the exist-
cincts. Rural delivery routes also include a large number of precincts.
ing veto process. So far Congress has vetoed the first two regulations
Registration by postcard would provide no method of determining the
proposed by the theoretically independent Elections Commission.
precinct of these people.
We believe that allowing Congress to veto by inaction, or negative
Sabotage.-Under post card registration, individuals wishing to
vote within a single committee, is bad administrative practice and
befoul the system of postcards and raise havoc not already im-
is contrary to the traditional practice of letting the whole House work
plicitly created by this law may fill out many postcards with fraud-
its will on such questions. In addition, the amendment gives the
ulent names and addresses. This is particularly true because of ex-
appearance that Congress is reneging on a promise made to the people
treme laxity in the method of distribution. Once again, Clerks would
in 1974 when we created the "Independent" FEC.
be forced to spend excessive time, non-existent budgets, and hire more
H.R. 1686 is bad enough without carrying the additional burden
people to sort genuine applications from the fakes. Until now, even
of this nongermane and ill-advised amendment.
states with postcard registration have not had this problem, because
BILL FRENZEL.
their method of distribution is much more controlled.
W. HENSON MOORE.
H.R. 1686 features bad amendments such as its inclusion in the
(41)
Federal Elections Commission and the Puerto Rico exemption from
the law. States presently, and their localities, are doing a good job
in registration. Where they fail, corrections can and must be made
at the state level.
Passage of H.R. 1686, in my view, would be the coup de grace in
undermining the faith, or what little is left of it, of the American
people that elections can be fairly and efficiently administered.
MARJORIE S. HOLT.
November 19, 1975
MEMORANDUM FOR:
JACK MARSH
THRU:
MAX L. FRIEDERSDORF
VERN LOEN
FROM:
CHARLES LEPPERT, JR.
SUBJECT:
H.R. 1686, Post Card Voter Registration
Attached per your request are copies of the bill and Committee report
as reported by the Committee on House Administration on this subject.
Basically, the bill provides for the creation of a Voter Registration
Administration within the Federal Elections Commission to implement
a system of post card voter registration for federal elections. Page 7
of the Committee Report begins a section by section analysis of the
bill as reported by the Committee and the costs of the legislation.
FORD
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
DATE:
December 1, 1975
WASHINGTON, D.C. 20503
REPLY TO
ATTN OF:
Frey (LRD)
SUBJECT:
Administration's position on S. 85, Overseas Voters
Registration Act
can
Alan Kranowitz
Fvenzel
This is in reply to your note of November 28.
Justice (Mary C. Lawton, Deputy Assistant Attorney General)
testified on March 11, 1975, before the House Administration
Committee's Subcommittee on Elections on H.R. 3211, a bill
substantially identical to S. 95. In that testimony, she
set forth Justice's "serious reservations" as to the
constitutionality of section 4 (section 3 of S. 95 as
reported by the House Committee) of the bill. Representa-
tive Frenzel's November 26, 1975, letter to the President
evidently is in error in stating that Justice has not
testified before the House Administration Committee during
his five-year tenure on it.
The Committee's report on S. 95 (No. 94-649, November 11,
1975) sets forth arguments in favor of its constitutionality
However, Representatives Wiggins, Devine, Holt, and Moore
in their minority views consider the bill to be unconsti-
tutional for essentially the same reasons as Justice.
In view of Justice's position, it does not seem appropriate
for OMB to express a different position for the Floor Schedule.
If Buchen, in response to Friedersdorf's November 26 memoran-
dum to him, should have a different view on the constitu-
tionality of the bill and obtains Justice's reconsideration,
then a different position could be expressed.
Short of that, the only alternative I can offer you is to
state the current Justice position in a somewhat more favor-
able tone:
"The Administration favors the objective of facili-
tating registration for and voting in Federal
elections by citizens living outside the United
States, but points out that the Justice Department
It also noted the fact of Lawton's testimony.
2
has serious reservations about the constitu-
tionality of certain provisions of S. 95.
These constitutional reservations are also
set forth in minority views contained in the
report of the House Administration Committee
on the bill. However, if S. 95 were limited
to adopting uniform procedures for voting by
overseas citizens, the Administration would
favor the bill."
James Trey M. Frey
Assistant Director
for Legislative Reference
CC: Mr. O'Neill
Union Calendar No. 393
94TH CONGRESS
2D SESSION
H. R. 11552
[Report No. 94-798]
IN THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1976
Mr. HAYS of Ohio introduced the following bill; which was referred to the
Committee on House Administration
JANUARY 29, 1976
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
A
BILL
To establish a Voter Registration Administration within the
Federal Election Commission for the purpose of administering
a voter registration program through the Postal Service, and
for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Voter Registration Act".
4
DEFINITIONS
5
SEC. 2. As used in this Act-
6
(1) the term "Administration" means the Voter
7
Registration Administration;
8
(2) the term "State" means each State of the
I-0
2
3
1
United States, the political subdivisions of each State,
1
ESTABLISHMENT OF ADMINISTRATION
2
the Virgin Islands, Guam, and the District of Columbia;
2
SEC. 3. (a) There is established within the Federal
3
(3) the term "Federal office" means the office of
3 Election Commission the Voter Registration Administration.
4
the President, the Vice President, an elector for Presi-
4
(b) The President shall appoint, by and with the advice
5
dent and Vice President, a Senator, a Representative, or
5 and consent of the Senate and the House of Representatives,
6
a Delegate to the Congress;
6 an Administrator and two Associate Administrators for
7
(4) the term "Federal election" means any bien-
7 terms of four years each, who may continue in office until a
8
nial or quadrennial primary or general election and any
8 successor is qualified. The President shall submit his first
9
special election held for the purpose of nominating or
9 nominations under this subsection to the Senate and to the
10
electing candidates for any Federal office, including any
10 House of Representatives no later than thirty days after the
11
election held for the purpose of expressing voter pref-
11 date of enactment of this Act. An individual appointed to
12
erence for the nomination of individuals for election to
12 fill a vacancy shall serve the remainder of the term to which
13
the office of President and any election held for the pur-
13 his predecessor was appointed. The Associate Administra-
14
pose of selecting delegates to a national political party
14 tors shall not be members of the same political party. The
15
nominating convention or to a caucus held for the pur-
15 Administrator shall be the chief executive officer of the
16
pose of selecting delegates to such a convention;
16 Administration.
17
(5) the term "State election" means any election
17
DUTIES AND POWERS
18
other than a Federal election; and
18
SEC. 4. The Administration shall-
19
(6) the term "State official" means any individual
19
(1) establish and administer a voter registration
20
who acts as an official or agent of a government of a
20
program in accordance with this Act for all Federal
21
State or of a county, town, village, city, borough,
21
elections;
22
parish, or township election board, or township voter
22
(2) collect, analyze, and arrange for the publica-
23
registration board, to register qualified electors, or to
23
tion and sale by the Government Printing Office of in-
24
conduct or supervise any Federal election in a State.
24
formation concerning elections in the United States (but
4
5
1
this publication shall not disclose any information which
1
QUALIFICATIONS AND PROCEDURE
2
permits the identification of individual voters) ;
2
SEC. 5. (a) An individual who fulfills the requirements
3
(3) provide information to State officials concern-
3
to be a qualified voter under State law and who is registered
4
ing voter registration by mail and information relating
4
to vote under the provisions of this Act shall be entitled to
5
to election administration generally;
5
vote in Federal elections in that State, except that each State
6
(4) obtain facilities and supplies and appoint and
6 shall provide for the registration or other means of qualifica-
7
fix the pay for officers and employees, as may be neces-
7 tion of all residents of such States who apply, not later than
8
sary to permit the Administration to carry out its duties
8 thirty days immediately prior to any Federal election, for
9
and powers under this Act, and such officers and em-
9 registration or qualification to vote in such election.
10
ployees shall be in the competitive service under title 5,
10
(b) Whenever a Federal election is held in any State,
11
United States Code;
11 the Administration may, upon the request of the State official
12
(5) appoint and fix the pay of experts and consult-
12 responsible for conducting elections in such State, furnish
13
ants for temporary services as authorized under section
13 officers and employees and such other assistance as the Ad-
14
3109 of title 5, United States Code;
14 ministration and the State official may agree upon to assist
15
(6) provide the Congress with such information as
15 State officials in the registration of individuals applying to
16
the Congress may from time to time request, and pre-
16 register in that State under the provisions of this Act.
17
pare and submit to the President and the Congress a
17
REGISTRATION FORMS
18
report on its activities, and on voter registration and
18
SEC. 6. (a) The Administration shall prepare voter
19
elections generally in the United States, immediately
19
registration forms in accordance with the provisions of this
20
following each biennial general Federal election; and
20
section.
21
(7) take such other action as it deems necessary
21
(b) Printed registration forms shall be designed to pro-
22
and proper to carry out its duties and powers under
22
vide a simple method of registering to vote by mail. Regis-
23
this Act.
6
7
1 tration forms shall include matter as State law requires and
1 and agencies of the Federal Government, and with State
2 as the Administration determines appropriate to ascertain
2 officials for the distribution of registration forms in accord-
3 the positive identification and voter qualifications of an indi-
3 ance with the provisions of this section. The Notwithstanding
4 vidual applying to register under the provisions of this Act,
4
any other provision of law, the Administration shall not be
5 to provide for the return delivery of the completed registra-
5 required to reimburse the Postal Service for any transmission
6 tion form to the appropriate State official, and to prevent
6 of such registration forms made by the Postal Service under
7 fraudulent registration. Registration forms shall also include
7 sections 6 and 7 of the Voter Registration Act.
8 a statement of the penalties provided by law for attempting
8
(b) Any agreement made between the Administration
9 fraudulently to register to vote under the provisions of this
9 and the Postal Service shall provide for the preparation by
10 Act.
10 the Administration of sufficient quantities of registration forms
11
(c) A registration notification form advising the appli-
11 SO that the Postal Service can deliver a sufficient quantity of
12 cant of the acceptance or rejection of his registration shall
12 registration forms to postal addresses and residences in the
13 be completed and promptly mailed by the State official to
13 United States and for the preparation of an ample quantity
14 the applicant. If any registration notification form is undeliv-
14 of such forms for public distribution at any post office, postal
15 erable as addressed, it shall not be forwarded to another
15 substation, postal contract station, or on any rural or star
16 address but shall be returned to the State official mailing the
16 route. Such agreements also shall provide for the prepara-
17 form. The possession of a registration notification form indi-
17 tion by the Administration, and bulk distribution by the
18 cating that the individual is entitled to vote in an election
18 Postal Service, of sufficient quantities of such registration
19 shall be prima facie evidence that the individual is a qualified
19 forms to any individual, group, or organization requesting
20 and registered elector entitled to vote in any such election
20 such registration forms for the purpose of conducting or
21 but presentation of the form shall not be required to cast
21 participating in a voter registration program.
22 his ballot.
22
(c) The Postal Service shall distribute the registration
23
DISTRIBUTION OF REGISTRATION FORMS
23 forms to postal addresses and residences at least once every
24
SEC. 7. (a) The Administration is authorized to enter
24 two years and before each Federal election but not earlier
25 into agreements with the Postal Service, with departments
25 than one hundred and twenty days or later than sixty days
8
9
1 prior to the close of registration for the next Federal election
1 tration or a State official may request the Attorney General
2 in each State.
2 to bring action under this section. The Attorney General is
3
(d) The Administration is authorized to enter into
3 authorized to bring a civil action in any appropriate dis-
4 agreements with the Secretary of each military department
4 trict court of the United States or the United States District
5 of the Armed Forces of the United States for the distribu-
5 Court for the District of Columbia to secure an order to
6 tion of registration forms at military installations.
6 enjoin fraudulent registration, and any other appropriate
7
(e) This section shall not be construed to place any
7 order. Any such civil action shall be brought in the district
8 time limit upon the general availability of registration forms
8 court of the United States within the jurisdiction of which
9 in post offices and appropriate Federal, State, and local
9 the fraudulent registration occurred.
10 government offices pursuant to agreements made under this
10
(2) The district courts of the United States shall have
11 section.
11 jurisdiction without regard to any amount in controversy of
12
PREVENTION OF FRAUDULENT REGISTRATION
12 proceedings instituted pursuant to this section.
13
SEC. 8. (a) In addition to taking any appropriate action
13
PENALTIES
14 under State law, whenever a State official has reason to be-
14
SEC. 9. (a) Whoever knowingly or willingly gives false
15 lieve that individuals who are not qualified electors are
15 information as to his name, address, residence, age, or other
16 attempting to register to vote under the provisions of this
16 information for the purpose of establishing his eligibility to
17 Act, he shall notify the Administration and request its assist-
17 register or vote under this Act, or conspires with another
18 ance to prevent fraudulent registration. The Administration
18 individual for the purpose of encouraging his false registra-
19 shall give reasonable and expeditious assistance in such cases,
19 tion to vote or illegal voting, or pays or offers to pay or ac-
20 and shall issue a report on its findings.
20 cepts or offers to accept payment either for registration to vote
21
(b) (1) Whenever the Administration or a State official
21 or for voting, or registers to vote with the intention of voting
22 determines that there is a pattern of fraudulent registration,
22 more than once or votes more than once in the same Federal
23 attempted fraudulent registration, or any activity on the part
23 election shall be fined not more than $5,000, or imprisoned
24 of any individuals or groups of individuals to register indi-
24 not more than five years, or both.
25 viduals to vote who are not qualified electors, the Adminis-
25
(b) Any person who deprives, or attempts to deprive,
10
11
1 any other person of any right under this Act shall be fined
1
REGULATIONS
2 not more than $5,000, or imprisoned not more than five
2
SEC. 11. (a) The Administration is authorized to issue
3 years, or both.
3 rules and regulations for the administration of this Act. Such
4
(c) The provisions of section 1001 of title 18, United
4 rules and regulations may exclude a State from the provisions
5 States Code, are applicable to the registration form prepared
5 of this Act if that State does not require a qualified applicant
6 under section 6 of this Act.
6 to register prior to the date of a Federal election.
7
FINANCIAL ASSISTANCE
7
(b) (1) The Administration, before prescribing any rule
8
SEC. 10. (a) The Administration shall determine the
8 or regulation under this section, shall transmit a statement
9 fair and reasonable cost of processing registration forms pre-
9 with respect to such rule or regulation to the Congress
10 scribed under this Act, and shall pay to each appropriate
10 in accordance with the provisions of this subsection. Such
11 State an amount equal to such cost per card multiplied by
11 statement shall set forth the proposed rule or regulation and
12 the number of registration cards processed under this Act
12 shall contain a detailed explanation and justification of such
13 in that State.
13 rule or regulation.
14
(b) The Administration is authorized to pay any State
14
(2) If the Congress approve, through appropriate ac-
15 which adopts the registration form and system prescribed by
15 tion, any rule or regulation transmitted by the Administration
16 this Act as a form and system of registration to be a qualified
16 under paragraph (1) no later than thirty legislative days
17 and registered elector for State elections in that State. Pay-
17 after receipt of such rule or regulation, then the Adminis-
18 ments made to a State under this subsection may not exceed
18 tration may prescribe such rule or regulation. The Adminis-
19 30 per centum of the amount paid that State under subsection
19 tration may not prescribe any rule or regulation which is not
20 (a) of this section for the most recent general Federal elec-
20 approved by the Congress under this paragraph. If any rule
21 tion in that State.
21 or regulation is not approved by the Congress during such
22
(c) Payments under this section may be made in install-
22 period of thirty legislative days, the Administration may
23 ments and in advance or by way of reimbursement, with
23 modify or amend such rule or regulation and transmit it to
24 necessary adjustments on account of overpayments or under-
24 both Houses of the Congress for consideration in accordance
25 payments.
25 with the provisions of this subsection.
12
13
1
(3) For purposes of this subsection, the term "legisla-
1 the Federal Voting Assistance Act of 1955 (50 U.S.C.
2 tive days" does not include any calendar day on which both
2
1451 et seq.).
3 Houses of the Congress are not in session.
3
AMENDMENTS TO TITLE 39, UNITED STATES CODE
4
4
EFFECT ON OTHER LAWS
SEC. 13. (a) Section 3202 (a) of title 39, United States
5
SEC. 12. (a) Notwithstanding any other provision of
5 Code, is amended—
6 this Act, any State that adopts the Federal assistance post
6
(1) by striking out "and" at the end of clause (4) ;
7 card form recommended by the Federal Voting Assistance
7
(2) by striking out the period at the end of clause
8 Act of 1955 (50 U.S.C. 1451 et seq.) with respect to any
8
(5) and inserting in lieu thereof : and"; and
9 category of its electors (1) shall, insofar as such electors
9
(3) by adding at the end thereof the following new
10 are concerned, be deemed to be in full compliance with the
10
clause:
11 provisions of section 6 of this Act; and (2) shall be eligible
11
(6) mail relating to voter registration pursuant
12 to receive payments of financial assistance from the Ad-
12
to sections 6 and 7 of the Voter Registration Act.".
13 ministration, as provided in section 10 of this Act, on
13
(b) Section 404 of title 39, United States Code, is
14
14 account of the simplified and greater voting opportunities
amended-
15
15 thereby granted to such electors.
(1) by striking out "and" at the end of clause (8) ;
16
16
(b) Nothing in this Act shall be construed to prevent
(2) by striking out the period at the end of clause
17
17 any State from granting less restrictive registration or vot-
(9) and inserting in lieu thereof ; and"; and
18
18 ing practices or more expanded registration of voting oppor-
(3) by adding at the end thereof the following new
19
clause:
19 tunities than those prescribed by this Act.
20
20
(c) Nothing in this Act shall-be construed to limit or
" (10) to enter into arrangements with the Voter
21
21 repeal any provision of (1) section 202 of the Voting
Registration Administration of the Federal Election
22
22 Rights Act Amendments of 1970 (42 U.S.C. 1973aa-1),
Commission for the collection, delivery, and return
23
23 relating to expanded opportunities of registering to vote and
delivery of voter registration forms.".
24 voting for electors for President and Vice President; or (2)
14
1
AMENDMENT TO TITLE 5, UNITED STATES CODE
2
SEC. 14. Section 5316 of title 5, United States Code, is
3 amended by adding at the end thereof the following new
4 paragraph:
5
(137) Administrator and Associate Administra-
6
tors (2), Voter Registration Administration, Federal
7
Election Commission.".
8
AUTHORIZATION OF APPROPRIATIONS
9
SEC. 15. There are authorized to be appropriated such
10 sums, not to exceed $50,000,000, as may be necessary to
11 carry out the provisions of this Act and the amendments
12 made by this Act.
13
EFFECTIVE DATES
14
SEC. 16. (a) Except as provided by subsection (b),
15 the foregoing provisions of this Act, and the amendments
16 made by this Act, shall take effect sixty days after the first
17 Administrator and Associate Administrators of the Admin-
18 istration are confirmed by the Senate and the House of
19 Representatives under section 3 (b)
20
(b) The provisions of section 3 shall take effect on the
21 date of the enactment of this Act.
Union Calendar No. 393
94TH CONGRESS
2D SESSION
H. R. 11552
[Report No. 94-798]
A BILL
To establish a Voter Registration Administra-
tion within the Federal Election Commis-
sion for the purpose of administering a
voter registration program through the
Postal Service, and for other purposes.
By Mr. HAYS of Ohio
JANUARY 28, 1976
Referred to the Committee on House Administration
JANUARY 29, 1976
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the
Union, and ordered to be printed
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-798
VOTER REGISTRATION ACT
JANUARY 29, 1976.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. HAYS of Ohio, from the Committee on House Administration,
submitted the following
REPORT
together with
ADDITIONAL VIEWS AND MINORITY VIEWS
[To accompany H.R. 11552]
The Committee on House Administration, to whom was referred
the bill H.R. 11552, having considered the same, reports favorably
thereon with an amendment and recommends that the bill H.R. 11552.
as amended, do pass.
On January 29, 1976, a quorum being present the Committee adopted
by recorded vote of 16 ayes and 8 nays, a motion to report H.R. 11552,
as amended.
AMENDMENT
On Page 7, line 3, strike the word "The" and substitute in its place
the phrase "Notwithstanding any other provision of law, the".
No special oversight findings were necessitated as a result of con-
sideration of this resolution.
No budget statement is submitted.
No estimate or comparison was received from the Director of the
Congressional Budget Office a referred to in subdivision (C) of Clause
2 (1) (3) of House Rule XI.
No findings or recommendations of the Committee on Government
Operations were received as referred to in subdivision (d) of clause
2 (1) (3) of House Rule XI.
Certain portions of H.R. 11552 that might be of interest were dis-
cussed with the Chairman and staff of the Post Office and Civil Serv-
ice Committee. The bill is to come before the House under an open rule
and the Members of Post Office and Civil Service Committee will have
a full and fair opportunity to offer. such amendments or comments on
the Floor of the House as they deem appropriate. Such procedure con-
forms with Clause 5 of Rule X of the Rules of the House.
57-006
CJ
2
election official. The State or local election official will be responsible
INFLATIONARY IMPACT STATEMENT
for verification of the returned form, and shall promptly mail to the
The enactment of H.R. 11552 is not expected to have an inflationary
applicant a registration notification form which advises the applicant
impact on prices and costs in the operation of the national economy,
whether his registration has been accepted or rejected. Presentation
of the registration notification form at the polls shall not be required
especially during the current serious recession.
as condition to cast one's ballot. Possession of such form, however, will
PURPOSE OF THE BILL
be prima facie evidence that one is a qualified registered elector who
is entitled to vote. The provísions of this bill are not intended to elim-
The purpose of the bill is to encourage increased voter participation
inate certain State requirements of party affiliation or declaration for
in the electoral process by facilitating the mode of voter registration.
obtaining primary ballots which are designed to prohibit cross party
voting in primaries.
WHAT THE BILL DOES
To help insure against abuses of this registration system, the bill
provides that the Administration shall, at the request of a State
H.R. 11552 creates the Voter Registration Administration within the
official, provide assistance to such State in preventing fraudulent
Federal Elections Commission. The Administration will be responsible
registration or voting within the State. It was the intention of the
for implementing a system of post card voter registration for Federal
Committee that this assistance be on a non-partisan basis. In addition
elections. Additionally, the Administration will collect, correlate, and
to the appropriate Federal criminal penalties and available actions
publish information concerning elections and will provide information
under State law, the Administration or a State official may request
on a non-partisan basis to State officials concerning voter registration-
the Attorney General to bring a civil action to enjoin fraudulent
by-mail and election problems generally.
registration, attempted fraudulent registration or voting, or the pro-
Under the provisions of the bill, an individual will qualify to vote
curing of fraudulent registration or voting by any individuals or
in Federal elections within a State if he fulfills the requirements of
groups of individuals. The bill additionally provides for severe crim-
that State for registration and applies for registration not later than
inal penalties of fines and imprisonment for the commission of various
30 days prior to the next Federal election. In preparing the registra-
offenses relating to fraudulent registration and voting.
tion forms, the Administration will include such information as is
The cost of processing the required registration forms will be deter-
necessary to qualify one as a voter under State law and other informa-
mined by the Administration and payments to the States will be made
tion as deemed appropriate by the Administration to establish the
to cover the fair and reasonable costs of their processing registration
positive identification and qualifications of a voter.
forms for Federal elections. As an encouragement to the States to
No Federal official participates in the registration process in the
adopt this simplified mode of registration for all elections the Admin-
States unless requested to do SO by an appropirate State official.
istration is authorized to pay to any State which adopts this system for
The Administration is authorized to enter into agreements with the
State elections an amount up to 30 percent of the payment such State
Postal Service for the distribution (by penalty mail) except that this
receives for processing registration forms for Federal elections. It is
section shall not entitle such individuals, groups, or organizations to
the intent of the Committee that the reimbursements made under sec-
any free mailing privileges with respect to distribution of the regis-
tion 10 of the Voter Registration Act will ultimately augment the
tration forms and their voter registration drives of registration forms
individual budgets of the local election registration offices within each
throughout the country to "postal addresses and residences at least
State actually processing voter registration forms in proportion to
once every two years and before each Federal election" between 60 and
the number of registration forms handled.
120 days prior to the close of the States' registration for the next Fed-
The Administration is further authorized to promulgate regulations
eral election, except there shall be no reimbursement to the Postal
to carry out the provisions of this bill. The regulations, however, must
Service for transmission of such registration forms. Additionally, reg-
first be submitted to the Congress for its approval within 30 legisla-
istration forms will be available at any post office or postal substation
tive days.
or any rural or star route, as well as being available to any individual
BACKGROUND
group or organization requesting such registration forms for the pur-
pose of conducting a voter registration drive, except that this section
The major impetus for legislation in this area has resulted from the
shall not entitle such individuals, groups, or organizations to any free
emerging concern over the steady decline in voter participation in our
mailing privileges with respect to distribution of the registration forms
national elections over a number of years. During the hearings by the
and their voter registration drives. The Administration may also enter
Subcommittee on Elections of the House Administration Committee,
into agreements with departments and agencies of the Federal govern-
as well as in hearings before the Senate Committee on Post Office and
ment, the Secretary of each military department of the Armed Forces
Civil Service during the 93rd Congress, statistics were offered by vari-
of the United States, and with State officials for the distribution of
ous witnesses to the effect that voter participation in presidential elec-
tions has diminished from 64 percent of the voting age population in
registration forms.
Upon completion of the required information by the applicant, the
1960, to 62.9 percent in 1964, 61.8 percent in 1968, and most recently, to
registration form shall be returned to the appropriate State or local
approximately 55 percent in the 1972 presidential race.
4
5
Indeed, in 1972 sixty-two million voting-age Americans did not vote.
Of the 77,466,000 total votes cast for President in 1972, the President
population, which is 24 percentage points higher than that of our own
received 47 million of those votes. This means that the President was
country for the same period.
elected by roughly one-third of the voting-age population.
The existing registration laws in the various States have been criti-
Evidence offered by numerous witnesses who cited studies and opin-
cised as unresponsive to the actual needs of a great majority of our
ions of various research organizations, civic groups, and other election
citizens and have been cited as the predominant reason for non-
experts tended to establish that the major causes for the lack of voter
participation by the electorate.
participation in elections are the difficulties and the barriers to voter
It is believed that a simplified, convenient, and uniform system of
registration will encourage greater numbers of citizens to register, and
registration.
As early as 1963 President Kennedy's Commission on Registration
in turn, to vote in Federal elections. The post card registration system
and Voter Participation concluded that "Restrictive legal and ad-
outlined in this bill is believed to be the most efficient method, that
ministrative procedures for registration and voting are a major reason
provides the greatest safeguards with the least disruption of estab-
for low participation." This conclusion was supported by a 1969
lished procedures, that will achieve the desired goals.
Gallup Poll which found that the predominant reason for nonpartici-
The post card system proposed in H.R. 11552 will work within the
pation of the electorate was that there were many obstacles to registra-
traditional framework of presently established election procedures of
tion. Similarly, a 1972 study by the National League of Women
the various States and localities. The responsibility of the Federal
Voters concluded that "Millions of American citizens fail to vote not
agency will be for the distribution of the registration form and for
because they are disinterested but because they are disenfranchised
providing backup in technical or legal assistance upon the request of
by the present election system." Most recently, a poll by the public
State or local officials.
opinion research firm of Daniel Yankelovich, Inc. found that three-
Return of completed registration forms by an applicant will be
fourths of those who did not vote in the previous presidential election
made to the appropriate State or local official, not to a Federal agency.
had stated that they would have voted had they been registered. In
The responsibility for the validation of application forms and for the
further support of the position that additional people would vote if
verification of requested information with existing lists of addresses or
they could be registered, preliminary statistics of the Bureau of
signatures will remain with the traditional State or local officials.
Census were offered to show that 87 percent of those citizens who did
Since no aspect of validation or verification of signatures or ad-
register stated that they had voted.
dresses upon registration will be eliminated by this bill, it is felt that
There is substantial evidence demonstrating that many state and
the principal safeguards against fradulent registration are provided.
local registration officials at the very least do not do all they can to
Furthermore, during the hearings numerous witnesses testified that
encourage registration and voting. For example, some ranchers in
from their own experiences fraud in the election process generally
western states must travel over 100 miles in order to register to vote.
does not occur at the registration level, but at the voting booths and
In far too many states, voter registration offices are open from :30
ballot box. It should be noted that present State or local procedures
a.m. to 5 :00 p.m. on weekdays only. Seventy-six percent have no Satur-
that designate offices which are designed to limit fraudulent voting,
day or evening registration in non-election months. The working man
such as poll watches and challengers, will not be affected by the bill.
simply cannot get to the registration offices to register in preparation
It is believed, in fact, that the incidence of fraud in the election
for exercising his most sacred right-the right to vote.
process will be reduced by the provisions of the bill. In addition to the
Only 16 states authorize deputy registrars. Only 30 allow registra-
present State and local controls which have not been affected by the
tion on weekends (and for many states that means only one weekend
bill, a greater deterrent to fraud will be offered in the form of Federal
a year). The frustrations which result from such haphazard and un-
criminal penalties of fines of up to $5,000 or imprisonment for up to
even registration laws and conditions are enough to discourage even
5 years, or both, for acts concerning fraudulent registration or voting.
the most interested applicant; but for citizens whose knowledge and
These provisions will be backed up by the resources and expertise of
interest in political affairs is not substantial, it serves as out-and-out
Federal law enforcement which will be available to the State to pro-
disenfranchisement. H.R. 11552 is designed to introduce uniformity
tect against the possibilities of fraud.
about voter registration in preparation for Federal elections.
Recently a number of States have taken steps to implement systems
Much criticism has been offered by the press, civic leaders, Members
of mail registration on their own. Currently, at least 15 States have
of Congress, and political scientists towards an electoral process in a
established mail registration procedures with a number of others in
democracy which works to discourage registration by placing the
the process of doing SO. During the hearings before the Subcommittee
burden of registration on the citizen rather than on the government.
on Elections in April 1975, testimony was heard from representatives
It was noted in the hearings by numerous witnesses that in European
of three states which implemented mail registration in time to sample
democracies registration is "automatic" and is the responsibility of
its effect on registration and election administration during the 1974
the government, much as the income tax procedure is in this country.
elections. In these three states, Maryland, Minnesota and New Jersey,
The level of participation in the electoral process of these nationals
there was a general feeling of satisfaction and pride in the accomplish-
since World War II has averaged nearly 84 percent of the voting age
ments under mail registration.
1 Alaska, California, District of Columbia, Iowa. Kentucky, Maryland. Minnesota, Mon-
tana, New Jersey, New York, Oregon, Tennessee, Texas, Utah, and Wisconsin.
7
6
(2) The term "State" is defined to mean each State of the United
During her testimony, Mrs. Marie Garber, Elections Administrator
from Montgomery County, Maryland cited the following accomplish-
States, the political subdivisions of each State, the Virgin Islands,
Guam, and the District of Columbia.
ments under mail registration "New registration in 1974-the first year
of mail registration-was up 7 percent compared with 1970, the last
(3) The term "Federal office" is defined to mean the office of Presi-
comparable year * * * this increase was despite such negative factors
dent, Vice President, an elector for President and Vice President,
as a lower growth rate in the community because of a slowdown in
Senator, Representative, or a Delegate to the Congress.
housing construction and widespread alienation from all things politi-
(4) The term "Federal election" is defined to mean any primary
cal." Mrs. Garber further went on to cite decreased costs of administer-
election, general election, or special election held to nominate or elect
ing the election registration program due to the elimination of the need
candidates for any Federal office, including Presidential preference
to provide large numbers of deputy field registrars at locations such
primaries, elections to select delegates to national political party nom-
as supermarkets, libraries, and in mobile registration vehicles. Mrs.
inating conventions, or caucuses held to select delegates to such
conventions.
Garber said, "In the last election cycle, 1972-this is only in my election
(5) The term "State election" is defined to mean any election other
county-we spent $33,547 for registrar compensation. In 1974 we
than a Federal election.
budgeted $13,000 and spent only $8,070. For the Presidential cycle in
1976 we have budgeted $10,000 for this purpose." The question of
(6) The term "State official" is defined to mean any official of a
potential fraud was also rebutted by Mrs. Garber's contention that the
government of a State or of a county, town, village, township, parish,
or township election board, who is responsible for the registration of
mail system in Maryland, which is quite similar to H.R. 11552, pro-
vided additional anti-fraud provisions which are not present in most
qualified electors or who conducts or supervises any Federal election
in a State.
face-to-face registration procedures. Fraudulent registration was
ESTABLISHMENT OF ADMINISTRATION
simply not evident. Mrs. Garber concluded her statement by noting
that the predicted administrative problems simply did not materialize.
Subsection (a) of section 3 establishes the Administration within
There was a minimal number of duplicate registrations and legibility
the Federal Election Commission.
of registration forms was not a problem.
Subsection (b) requires the President to nominate, by and with the
Mr. F. Joseph Carragher, Assistant Secretary of State from the
advice and consent of the Senate and the House of Representatives,
State of New Jersey, cited figures showing that with the inception
no later than thirty days after the date of enactment of the legislation,
of mail registration more than 21/2 times as many people were enrolled
an Administrator and two Associate Administrators for terms of 4
to vote during the six week period immediately prior to the 1974 elec-
years each. Any person appointed by the President may continue in
tion, than were enrolled during a comparable period in 1970. He fur-
office until a successor is qualified. A person appointed to fill a vacancy
ther cited the fact that for the first time in 20 years voter turnout in a
may serve the remainder of the term to which his predecessor was
non-Presidential Federal election exceeded the turnout of the pre-
appointed. The Associate Administrators may not be members of the
vious year's gubernatorial election.
same political party, and the Administrator shall be the chief execu-
The Committee feels that the post card registration system outlined
tive officer of the Administration.
by H.R. 11552 will retain the necessary degree of local control over
election procedures and will assure substantial safeguards to protect
DUTIES AND POWERS
against voter fraud while providing for the greatly needed reform to
simplify registration procedures that will encourage increased voter
Section 4 requires the Administration to (1) establish and admin-
participation in the electoral process.
ister a voter registration program for Federal elections; (2) collect
and publish information (other than any information which permits
COST OF THE LEGISLATION
the identification of individual voters) relating to elections in the
United States; (3) provide information to State officials relating to
The bill calls for the appropriation of the sum of $50,000,000 to carry
voter registration-by-mail and general information relating to election
out its provisions. The estimated cost for this fiscal year is $43,452,565.
administration; (4) obtain necessary facilities and supplies and ap-
The estimated cost for the following five fiscal years is $128,658,700.
point and fix the pay of necessary officers and employees, who shall be
SECTION-BY-SECTION EXPLANATION OF THE BILL
in the Federal competitive service; (5) appoint and fix the pay of ex-
perts and consultants; (6) furnish required information to the Con-
gress on its activities, and generally on voter registration and elections,
SHORT TITLE
immediately after each biennial general Federal election; and (7) take
The first section of the bill provides that the bill may be cited as the
other necessary actions to carry out the bill.
"Voter Registration Act".
DEFINITIONS
QUALIFICATIONS AND PROCEDURES
Section 2 of the bill contains definitions of the following terms:
Subsection (a) of section 5 of the bill provides that any individual
(1) The term "Administration" is defined to mean the Voter Regis-
who is a qualified voter under State law and who is registered to vote
tration Administration.
8
9
under the provisions of the bill may vote in Federal elections in the
ment of the Armed Forces of the United States for the distribution of
State involved. Each State, however, shall provide for the registration
registration forms at military installations.
or other means of qualification of residents of the State who apply, not
Subsection (e) of section 7 of the bill provides that there may be no
later than 30 days before any Federal election, for registration or quali-
time limit upon the general availability of registration forms made
fication to vote in such election.
available under agreements pursuant to section 7.
Subsection (b) of section 4 of the bill permits the Administration to
furnish personnel and other assistance to State officials who request
PREVENTION OF FRAUDULENT REGISTRATION
such assistance.
REGISTRATION FORMS
Subsection (a) of section 8 of the bill provides that when ever a
State official has reason to believe that individuals who are not qual-
Subsection (a) of section 6 of the bill requires the Administration
ified electors are attempting to register to vote under the bill, he may
to prepare voter registration forms.
take any appropriate action under State law and he shall notify the
Subsection (b) of section 6 of the bill requires that printed registra-
Administration to request its assistance in preventing any fraudulent
tion forms shall provide a simple method of registering to vote by
registration. The Administration is required to give assistance in such
mail. Such forms shall include (1) necessary material to assure proper
cases, and to issue a report with repect to its findings.
identification of the individual seeking to register; (2) materials neces-
Subsection (b) of section 8 of the bill provides that whenever the
sary to provide for return delivery of the registration form; and (3)
Administration or a State official finds a pattern of fraudulent regis-
information and materials necessary to prevent fraudulent registra-
tration, or any activity designed to register individuals to vote who
tion, including a statement of the penalties for attempting any fraudu-
are not qualified electors, the Administration or such State official may
lent registration.
request the Attorney General of the United States to bring an action
Subsection (c) of section 6 of the bill requires State officials to notify
under section 8. The Attorney General may bring a civil action in any
applicants whether their registration forms have been accepted or
appropriate district court of the United States or the District Court
rejected.
for the District of Columbia to secure an injunction against the fraud-
Subsection (c) also provides that the possession of a registration
ulent registration involved, or to obtain any other appropriate order.
notification form which indicates that an individual is entitled to vote
Any such civil action shall be brought by the Attorney General in the
shall be prima facie evidence that the individual is qualified and reg-
district court of the United States within the jurisdiction of which the
istered to vote. Presentation of the form, however, shall not be re-
fraudulent registration occurred. The district courts of the United
quired in order for any such individual to cast his ballot.
States shall have jurisdiction in such actions without regard to any
amount in controversy.
DISTRIBUTION OF REGISTRATION FORMS
PENALTIES
Subsection (a) of section 7 of the bill provides that the Admin-
Subsection (a) of section 9 of the bill imposes a fine of not more than
istration may enter into agreements with the Postal Service, with
$5,000, or a prison term of not more than 5 years, or both, against any
departments and agencies of the Federal Government, and with State
person who knowingly or willfully (1) gives any false information
officials for the distribution of registration forms. The Administration
to establish his eligibility to register to vote under the bill; (2) con-
is not required to reimburse the Postal Service for any distribution
spires for the purpose of encouraging false registration or illegal vot-
of such registration forms.
ing; (3) pays or accepts payment for registration or for voting; or
Subsection (b) of section 7 of the bill provides that any agreement
(4) registers to vote with the intention of voting more than once, or
between the Administration and the Postal Service shall require the
votes more than once, in the same Federal election.
Administration to prepare a sufficient number of registration forms
Subsection (b) of section 9 of the bill imposes a fine of not more
SO that such forms may be delivered by the Postal Service and made
than $5,000, or a prison term of not more than 5 years, or both, against
available at any post office, postal substation, postal contract station,
any person who deprives, or attempts to deprive, any other person of
or on any rural or star route. Such agreements also shall provide for
any right under the bill.
the distribution of such registration forms to any individual, group,
Subsection (c) of section 9 of the bill provides that the provisions
or organization requesting such forms for the purpose of conducting
of section 1001 of title 18, United States Code, relating to fraudulent
or participating in the voter registration program.
statements or representations, are applicable to registration forms
Subsection (c) of section 7 of the bill requires the Postal Service
prepared under section 6 of the bill.
to distribute the registration forms at least once every 2 years and
before each Federal election but not earlier than 120 days or later
FINANCIAL ASSISTANCE
than 60 days before the close of registration for the next Federal
election in each State.
Subsection (a) of section 10 of the bill requires the Administration
Subsection (d) of section 7 of the bill permits the Administration
to (1) determine the cost of processing registration forms; and (2)
to enter into agreements with the Secretary of each military depart-
H. Rept. 94-798-2
10
If
pay to each State an amount equal to such cost per card multiplied
AMENDMENTS TO TITLE 39, UNITED STATES CODE
by the number of registration cards processed in the State involved.
Subsection (b) of section 10 of the bill permits the Administration
Subsection (a) of section 13 of the bill amends section 3202 (a) of
to make payments to any State adopting the registration form and
title 39, United States Code, to permit mail relating to voter registra-
system established by the bill for State elections, in amounts not ex-
tion under sections 6 and 7 of the bill to be mailed as penalty mail.
ceeding 30 percent of the amount paid to the State under subsection
Subsection (b) of section 13 of the bill amends section 404 of title 39,
(a) of section 10 for the most recent general Federal election in such
United States Code, to permit the Postal Service to enter into arrange-
State. Subsection (c) of section 10 of the bill provides that payments
ments with the Administration for the collection, delivery, and return
under section 10 may be made in installments and in advance or by way
delivery of voter registration forms.
of reimbursement.
REGULATIONS
AMENDMENT TO TITLE 5, UNITED STATES CODE
Subsection (a) of section 11 of the bill permits the Administration
Section 14 of the bill amends section 5316 of title 5, United States
to issue rules and regulations to carry out the bill. Such rules and
Code, to provide that the Administrator and Associate Adminis-
regulations may exclude a State from the bill if such States does not
trators of the Administration shall be paid at level V of the Executive
require applicants to register before the date of any Federal election.
Schedule.
Subsection (b) of section 11 of the bill requires the Administration,
AUTHORIZATION OF APPROPRIATIONS
before prescribing any rule or regulation under section 11. to trans-
mit a statement to the Congress setting forth the proposed rule or regu-
Section 15 of the bill authorizes to be appropriated not more than
lation and containing a detailed explanation and justification of the
$50,000,000 to carry out the provisions of the bill.
rule or regulation.
If the Congress approves, through appropriate action, any rule or
EFFECTIVE DATE
regulation transmitted by the Administration no later than 30 legis-
lative days after receiving the rule or regulation, the Administration
Subsection (a) of section 16 provides that the provisions of the
may prescribe such rule or regulation. The Administration may not
Act take effect 60 days after the first Administrator and Associate
prescribe any rule or regulation which is not approved by the Congress,
Administrators are confirmed by the Senate and House of Repre-
sentatives.
but the Administration may resubmit any such rule or regulation, after
making modifications with respect to such rule or regulation, for fur-
Subsection (b) of section 16 provides that section 3 of the Act take
effect on the date of enactment.
ther consideration by the Congress.
The term "legislative days" is defined to exclude any calendar day
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
on which both Houses of the Congress are not in session.
In compliance with clause 3 of rule XIII of the Rules of the House
EFFECT ON OTHER LAWS
of Representatives, changes in existing law made by the bill, as re-
ported, are shown as follows (existing law proposed to be omitted is
Subsection (a) of section 12 of the bill provides that any State
enclosed in black brackets, new matter is printed in italic, existing
adopting the Federal assistance post card form recommended by the
law in which no change is proposed is shown in roman) :
Federal Voting Assistance Act of 1955 with respect to any category
of its electors, shall (1) in the case of such electors, be deemed to be in
TITLE 39, UNITED STATES CODE
full compliance with section 6 of the bill: and (2) be eligible to
receive payments of financial assistance under section 10 of the bill.
Subsection (b) of section 12 of the bill provides that nothing in the
§ 404. Specific powers.
bill may be construed to prevent any State from granting (1) less
Without limitation of the generality of its powers, the Postal Serv-
restrictive registration or voting practices than those prescribed by the
ice shall have the following specific powers, among others:
bill; or (2) more expanded registration or voting opportunities than
(1) To provide for the collection. handling, transportation, de-
those provided by the bill.
livery, forwarding, returning, and holding of mail, and for the
Subsection (c) of section 12 of the bill provides that nothing in the
disposition of undeliverable mail
bill may be construed to limit or repeal any provision of (1) section
(2) To prescribe, in accordance with this title, the amount of
202 of the Voting Rights Act Amendments of 1970, relating to ex-
postage and the manner in which it is to be paid;
panded opportunities for registering to vote and for voting for
(3) To determine the need for post offices, postal and training
electors for President and Vice President; or (2) the Federal Voting
facilities and equipment, and to provide such offices, facilities, and
Assistance Act of 1955.
equipment as it determines are needed;
12
13
(+) To provide and sell postage stamps and other stamped
paper, cards, and envelopes and to provide such other evidences of
payment of postage and fees as may be necessary or desirable;
(6) mail relating to voter registration pursuant to sections 6
(5) To provide philatelic services;
and 7 of the Voter Registration Act.
(6) To provide, establish, change, or abolish special nonpostal
*
*
*
*
*
or similar services;
(7) To investigate postal offenses and civil matters relating to
the Postal Service;
SECTION 5316 OF TITLE 5, UNITED STATES CODE
(8) To offer and pay rewards for information and services in
connection with violation of the postal laws, and, unless a different
§ 5316. Positions at level V.
disposal is expressly prescribed, to pay one-half of all penalties
*
*
*
and forfeitures imposed for violations of law affecting the Postal
(124) Director, National Highway Safety Bureau.
Service, its revenues, or property, to the person informing for the
(125) Director, National Traffic Safety Bureau.
same. and to pay the other one-half into the Postal Service Fund;
(126) Repealed. Pub. L. 91-644, § (2), Jan. 2, 1971, 84 Stat.
[and]
1887.
(9) To authorize the issuance of a substitute check for a lost,
stolen, or destroyed check of the Postal Service ; and
(127) Director, Bureau of Narcotics and Dangerous Drugs, De-
partment of Justice.
(10) to enter into arrangements with the Voter Registration
Administration of the Federal Election Commission for the col-
(128) Auditor-General of the Agency for International Devel-
opment.
lection, delivery, and return delivery of voter registration forms.
(129) Vice Presidents, Overseas Private Investment Corpora-
*
*
*
*
*
*
tion (3).
§ 3202. Penalty mail.
(130) Deputy Administrator, Urban Mass Transportation Ad-
(a) Subject to the limitations imposed by sections 3204 and 3207
ministration, Department of Transportation.
of this title, there may be transmitted as penalty mail-
(131) Assistant Directors, Special Action Office for Drug Abuse
(1) official mail of-
Prevention (6).
(A) officials of the Government of the United States other
(132) General Counsel of the Equal Employment Opportunities
than Members of Congress;
Commission.
(B) the Smithsonian Institution;
(133) Director, National Cemetery System, Veterans' Adminis-
(C) the Pan American Union;
tration.
(D) the Pan American Sanitary Bureau;
(133) Deputy Administrator for Administration of the Law
(E) the United States Employment Service and the sys-
Enforcement Assistance Administration.
tem of employment offices operated by it in conformity with
(134) General Counsel, Energy Research and Development Ad-
the provisions of sections 49-49c, 49d, 49e-49k of title 29, and
ministration.
all State employment systems which receive funds appro-
(135) Additional officers, Energy Research and Development
priated under authority of those sections; and
Administration (8).
(F) any college officer or other person connected with the
(135) General Counsel, Commodity Futures Trading Commis-
extension department of the college as the Secretary of Agri-
sion.
culture may designate to the Postal Service to the extent that
(136) Additional officers, Nuclear Regulatory Commission (5).
the official mail consists of correspondence, bulletins, and re-
(136) Executive Director, Commodity Futures Trading Com-
ports for the furtherance of the purpose of sections 341-343
mission.
and 344-348 of title 7;
(137) Administrator and Associate Administrators (2), Voter
(2) mail relating to naturalization to be sent to the Immigra-
Registration Administration, Federal Election Commission.
tion and Naturalization Service by clerks of courts addressed to
the Department of Justice or the Immigration and Naturalization
Service, or any official thereof;
(3) mail relating to a collection of statistics, survey, or census
authorized by title 13 and addressed to the Department of Com-
merce or a bureau or agency thereof;
(4) mail of State agriculture experiment stations pursuant to
sections 325 and 361f of title 7 [and]
(5) articles for copyright deposited with postmasters and ad-
dressed to the Register of Copyrights pursuant to section 15 of
title 17[.] ; and
ADDITIONAL VIEWS OF REPRESENTATIVE LINDY (MRS.
HALE) BOGGS ON H.R. 11552, THE VOTER REGISTRA-
TION ACT
The right to vote is one of the most valuable preogatives of American
citizenship. All too often in the past legal and quasi-legal impediments
served to reduce the number of individuals exercising this franchise.
Gradually these impediments were removed through constitutional
amendment, statute and judicial action. Yet today there are far too
many individuals who do not actively participate in our democracy.
A report by the Special Election Reform Committee of the Ameri-
can Bar Association found compelling evidence that the existing regis-
tration process plays a large part in the poor voter turnout witnessed
in recent years. The purpose of this Act is to increase participation in
elections by facilitating registration.
Easing the burden of registration on individual citizens would not
be worthwhile, if, in the process, State election prerogatives were pre-
empted, additional burdens were placed on the officials responsible for
registration, barriers were erected to voter registration programs con-
ducted by civic groups, or voter fraud was fostered or facilitated. This
legislation has been carefully considered and drafted to avoid just
these objections. State law is the criterion used to judge eligibility for
Federal elections. State and local officials responsible for registration
will be provided with personnel and financial assistance should they
request it. Civic-minded groups, and the independent ward and pre-
cinct clubs which have traditionally served the cause of democracy by
encouraging citizens to register and vote will be provided with the
registration forms and materials needed to foster these efforts. Finally,
responsibility is placed on all involved to seek out and report any
fraud that might occur. Stiff penalties are provided for those unscru-
pulous individuals who might attempt to pervert this the mainstay of
the election process. Because of these safeguards, this legislation pro-
vides a system that is workable, practical and which preserves the in-
tegrity of the ballot, while at the same time, it immeasurably increases
the opportunity for citizen participation in our democratic system.
LINDY BOGGS.
(15)
MINORITY VIEWS OF HON. WILLIAM L. DICKINSON,
HON. SAMUEL L. DEVINE, HON. CHARLES E. WIGGINS.
HON. J. HERBERT BURKE, HON. W. HENSON MOORE,
HON. BILL FRENZEL, HON. MARJORIE S. HOLT, AND
HON. JAMES C. CLEVELAND
There is only one, legitimate, rationale on which to base Federal
invasion of an area traditionally left to each State, and that rationale
is that postcard registration will increase citizen participation in the
electoral process. The facts suggest that this rationale is more in the
nature of a myth.
LITTLE EVIDENCE MAIL REGISTRATION WILL INCREASE VOTER
PARTICIPATION
Proponents claim H.R. 11552 will increase the number of eligible
voters who register and who actually go to the polls on election day.
However, the evidence of past elections, the results of a Census Bureau
voter registration survey, and the belief of some of the proponents of
the bill themselves confirm that this bill will have little, if any, effect
on increasing voter registration.
The following examples from the 1972 General Election offer slim
hope of improvement.
1. The State of North Dakota has no pre-registration requirement
for its voters. The voters in North Dakota register at the same time
they vote on election day. This is the simplest form of voter registra-
tion available and yet in 1972, 30.1 per cent-nearly one-third-of the
eligible voters did not vote.
2. In Texas, a registration by coupon procedure is used. A voter
clips a registration coupon from his local newspaper and mails it to
his local voter registration office. Despite this simple registration pro-
cedure 54.9 per cent-more than half-of the eligible voters did not
vote on election day.
3. In Alaska, where the voting residency requirement is 30 days.
52.5 per cent-more than half-of the eligible voters failed to cast
their ballots in the election.
4. The national average of voter participation in the 1972 presi-
dential election was only 55.6 per cent. Some 44.4 per cent of eligible
voters failed to vote despite the provisions of the 1970 Voting Rights
Act which made it easier to vote by (1) requiring residency of only
thirty days for presidential elections; and (2) allowing absentee vot-
ing in presidential elections.
The encouragement and facilitation of maximum participation in
the electoral process is an admirable objective which, unhappily, H.R.
11552 does not address in any meaningful way. The only political scien-
tist to testify on this Bill was Dr. Richard Smolka who has said
Rather than rely on a method which is wasteful on its face,
ineffective in operation, and which opens the door to large
(17)
H. Rept. 94-798-3
18
19
scale fraud, it would seem preferable if legislation were di-
would operate as a useful purging of the rolls with respect to people
rected to the heart of the problem, the unregistered voter.
who do not for any reason re-register by postcard.
The "unregistered voter" is well known and may be classified
Postcard registration will be an administrative nightmare for state
into three groups, those persons who become newly eligible
and local officials, creating chaos in voter registration processes and
by reason of age, those persons who have moved to a new
wreaking havoc with election day procedures. Some of the obstacles
county or state and those persons who simply are not inter-
are: illegibility of cards, the creation of dual registration lists for
ested in registering and voting.
state and federal elections, duplicate registration, inadequacy of mail
As to the newly eligibles, a program of registration in High
addresses, the possibility of dirty tricks, determining where to send
Schools and Colleges would readily solve that problem.
the postcard and the actual size of the postcard. With all of these po-
tential Snafus, it's not surprising that a sizeable majority of state and
As to the new address group, one Pennsylvania registrar has an
arrangement with the Post Office So that he receives all address
local officials oppose postcard registration.
Postcard registration may increase the potential for and offer un-
changes, he then sends each registered voter a form on which they
paralled opportunity for fraud. Now, as a means of fraud prevention,
can update their registration. Other address change tie-ins, with such
it is customary to require a person who desires to register to vote to
as utility companies, readily suggest themselves.
appear in person before the registrar, SO they can be asked questions
As to the alienated group, Dr. Smolka has suggested a door to door
pertinent to their qualifications. At the very least, this establishes that
canvass. Such a canvass would be an ideal project for civic clubs and
there is an actual person registering who can offer identification-not
thereby would significantly reduce the tax burden of registration
drives.
a fictitious name sent in by mail which cannot be checked for veracity
before the election.
None of these direct and obviously effective solutions are included
Postcard registration will set up a new federal bureaucracy with
in H.R. 11552. In fact there is abundant evidence to suggest that post-
almost unlimited authority to spend huge sums of the taxpapers'
card registration could reduce voter turnout.
money. Nobody can really say what the true costs of the bill will be.
When postcards are mailed out before every federal election, and
The estimates of the annual cost of a national postcard registration
at least every two years, everyone in the country will receive them.
system run all the way from $15 to $500 million. Whatever the figure,
In that group are 100 million already registered voters, and if the
it will be more than a country with a $90 billion targeted deficit should
Bill works at all, the 100 million will increase. The cost of printing,
spend for a program in which the experts have no confidence.
handling, sorting and double checking-to say nothing of the real
Voter registration qualifications and procedures have traditionally
cost of delivery which this Bill presumes non-existent, is utterly
been left up to the states. Up to now, Congress has legislated in the field
redundant, irrelevant and wasteful. It is the sort of bureaucratic
of registration only when due process or equal protection were
profligacy by which our citizens are increasingly annoyed, and right-
involved.
fully SO.
No matter how you look at this bill, it's a loser If our intention is
H.R. 11552 would mandate a tremendous expansion of the staff of
to register more people, there are better ways to do it. Instead, the
the Federal Elections Commission and add non-compatible demands
Congress would do well to enact legislation which will implement a
on that agency at a time when it has not fully digested the Federal
national mandate to register every American who wants to vote. There
Election Campaign Act and Amendments. This delegation of voter
are two alternatives available to us which would better meet this
registration authority would create an unnatural mix of primary re-
challenge.
sponsibilities in both the legislative and administrative areas. Al-
The first is to provide direct grants to the states with guidelines
though all independent agencies are hybrids partaking of some char-
for their use to assist them in their registration efforts. The second is
acteristics of each of the three branches of government, it is customary
to provide states with grants for a comprehensive face-to-face regis-
and sound policy not to mix primary responsibilities.
tration drive. This would aid the states in two ways; i.e., increasing
H.R. 11552 implores severe burdens on the States and, as amended by
registration and at the same time up-dating and purging their cur-
the Committee, denies any financial assistance in the carrying out of
rent lists. In the long run, this would be less expensive than a national
mandated functions.
postcard system but more expensive than the first alternative.
To add both to the expense and the possibilities of fraud, this Bill
These alternatives are seen by most election experts and officials
mandates that the postcards be made available to all organizations in
as being more cost-effective as well as more likely to increase voter
any quantity they may request for registration drives. Some provision
participation than the postcard bill which, while conceptually appeal-
to insure responsible use of the material, such as a receipt system,
ing and well-intended, is likely to be counterproductive.
would serve the voting public well to curb potential abuses.
1. Dr. Richard G. Smolka is a professor of Government at The
Bi-annual mail-outs would make more sense, and the possibility of
American University in Washington, D.C., and has been director of
voting in more than one precinct on the basis of the same notification,
the Institute of Election Administration at the University since 1971.
at least, would be diminished if each notification were printed with a
series of "election numbers" to be punched on each use. Each new
He is, also editor of ELECTION News, a monthly newsletter for elec-
notification would then start over with a new bi-annual series. This
tions officials at all levels of government, author of a column of elec-
20
tions "the Ballot Box," which is published weekly in COUNTY
NEWS, the official publication of the National Association of Coun-
ties, and author of "Washington Report", a monthly column published
in NEWS DIGEST, the official publication of the International Insti-
tute of Municipal Clerks.
W. L. DICKINSON.
ADDITIONAL VIEWS OF HON. WILLIAM L. DICKINSON
SAMUEL L. DEVINE.
CHARLES E. WIGGINS.
Postcard registration is "a bill to encourage and proliferate fund
J. HERBERT BURKE.
and steal elections throughout the United States.
I cannot imagine
W. HENSON MOORE.
a proposal that provides for a more efficacious way to practice fraud
BILL FRENZEL.
and steal elections than this bill. There is not a single protection in the
MARJORIE S. HOLT.
bill against fraudulent voting, when we get down to the final analysis".
JAMES C. CLEVELAND.
These harsh words were spoken on the the Senate floor by the distin-
guished former Senator from North Carolina, Sam Ervin, during the
92d Congress. There are no significant differences in the Bill now
before us.
The American Civil Liberties Union and many state and local
officials also believe that postcard registration will increase the op-
portunities for fraud.
PERSONAL APPEARANCE REDUCES FRAUD
It is customary to require a person who desires to register to vote to
appear in person before the registrar SO he can be asked questions per-
tinent to his qualifications. At the very least, personal appearance es-
tablishes that there is an actual person registering who can offer iden-
tification. Postcard registration would do away with this means of
fraud protection which although not infallible is certainly better than
no precautions at all. A fictitious name sent in' by mail is not likely
to be checked for veracity before the election, particularly in populous
areas.
Because registration forms will be available in bulk, it will be easy
for a single individual to register numerous times with little chance of
detection simply by making multiple applications to various election
boards. The possibility for groups to engage in election fraud is just as
great, and the results would expose the electoral process to even
greater dangers.
Under the local postcard systems presently in place, state and local
officials have found it extremely difficult to prevent underage persons
from registering. Youngsters then use the registration notification
form as proof of age for being admitted to bars and restaurants.
In Maryland, nonforwardable registration notifications containing
false or fraudulent information were distributed in a test mailing.
About 10% of these cards were not returned, indicating the definite
potential of fraud.
Some proponents claim that the bill preserves the most effective
fraud prevention device in wide use today-the ability to compare the
signature of the voter at the polling place with the signature in the
official files. However, states such as Virginia have no signature law.
In these states, there will be no signature to compare with the signa-
ture on the postcard. This will open up avenues of fraud or require
substantial changes in state laws.
(21)
22
23
BURDEN OF PROOF SHIFTED
edge. This could be easily accomplished by filling out a postcard form
Section 6(c) provides that receipt of a registration notification form
which would have the effect of changing an innocent citizen's name,
would be prima facia evidence that the registrant is a qualified voter.
place of residence or party affiliation. It is likely that the citizen would
This effectively shifts the burden of proof, with respect to citizenship,
become aware of this fact only when he went to the polls to vote, at
age and residence, from the applicant to the challenger.
which point nothing could be done to re-enfranchise him.
In personal appearance registration, the registrar has an opportun-
ity to raise these questions and require at least some proof; he may even
PHILADELPHIA STORY
delay the registration of the applicant until sufficient proof has been
provided.
The possibility of such deliberate disenfranchisement is not simply
Under a postcard system, the registrar (has nothing before him but
idle conjecture. Between 1937 and 1943, political party workers in
the averments of the applicant). Thes may be verified, of course, if
Philadelphia illegally filled out postcard address change forms for
the volume of postcards (to be mass mailed) permits sufficient time and
members of the opposite party, thereby disenfranchising them and in-
if the corroborative information is readily available. Once the noti-
suring their own party victory at the polls. This practice became SO
fication has been mailed, however, the election officials can no longer
wide-spread that it was a factor in the eventual abolition of the post-
question the voter.
card registration system.
Nor can a poll watcher challenge a voter's qualifications without
By greatly increasing the potential for fraud and insuring admin-
sufficient proof (to rebut the statutory presumptions). The big dif-
istration chaos, postcard registration may cause many state and local
ference between this and the present situation is the lack of pre-
officials to throw up their arms in resignation and switch to a system of
registration screening. Even though a challenged ballot may be set
no registration in federal elections.
aside for later resolution, in a close election it would, in all probability,
WM. L. DICKINSON.
be counted before the necessary proof has been brought in. Consider-
ing the growing number of elections won by narrow margins and the
considerable problem of illegal aliens now in this country, the possi-
bility of elections turning on illegitimately registered voters is very
real. Any registration system therefore, which increases the oppor-
tunities for fraud is inimical to sound election practice.
MULTIPLE FRAUD OPPORTUNITIES
With postcard registration, an individual could register by mail and
vote by absentee ballot. Absentee ballots are an established source of
fraud; coupled with postcard registration disturbing new opportuni-
ties for fraud would be visited upon an already suspicious electorate.
Proponents claim that adequate fraud checks are contained in the
bill to prevent such practices; they further state that similar systems
have already been implemented in several states with no reports of
fraud. Closer analysis reveals, however, that these states conducted al-
most no serious investigations into the question of actual fraud. Even
(de minimus) fraud checks were not followed. For example, New
Jersey requires that each registration by postcard must contain a
counter-signature of a witness to that registration. State and local
officials, however, have not checked the accuracy or authenticity of
such counter signatures. Because state and local officials have not ad-
hered to the fraud safeguards provided for under existing systems,
proponents cannot claim that these systems are fraud-free. Further
investigations are needed before such an assessment can be made.
The counter signature concept, moreover, merely requires a simple
conspiracy rather than individual fraud.
What is even more alarming is the possibility that many honest,
innocent citizens could be fraudulently disenfranchised. Pranksters
or corrupt partisans could obtain stacks of these postcards and invali-
date the registration of many innocent citizens without their knowl-
ADDITIONAL VIEWS OF HON. SAMUEL L. DEVINE
ADMINISTRATIVE OBSTACLES
Proponents of postcard registration do not seem to be fully aware
of the administrative and logistical problems involved in the imple-
mentation of a national postcard registration system. The postal serv-
ice would have to mail out, and state and local officials would have to
process, the equivalent of 500 stacks of postcards each one the height
of the Washington Monument. The Voter Registration Administra-
tion would not only have to deal with 50 state agencies, but would also
need to exercise some degree of control over the more than 7,000 cities,
counties, and other units of local government, 173,000 precincts and
1,000,000 state and local election officials.
This legislation assumes a commonality of the voter registration
function among the 7,000 election and registration boards that does
not exist. Levels of sophistication between these boards vary from
the very simple and labor intensive to the extremely complicated and
computer intensive. It will be clearly impossible to adopt federal post-
card registration to these diverse registration systems.
H.R. 11552 would turn loose an army of untrained registrars capable
of causing disruption to state and local registration systems. Most of
the existing state postcard systems require registrars to be trained by
registration experts. Montgomery County, Maryland, for example, re-
quires each person interested in registering other people by postcards
to take an hour and half course. Not surprisingly, the Montgomery
County system works rather well (it has the advantage of having a
well-educated, affluent population which can easily fill out the cards
properly).
The proposed federal registration system does not contain any train-
ing requirement. The question arises if such training sessions are nec-
essary in high education. level countries like Montgomery, aren't they
even more necessary in less educated areas? If training is not necessary,
why does Montgomery County continue to require it?
Election day difficulties.-Few people are aware of the intricacies
and complexities of the election administration processes. Hundreds of
small but separate tasks must be performed correctly and in sequence
in order to conduct a proper election. Each of these tasks, if neglected
or if improperly performed as scheduled, may lead to a serious election
day disorder.
Under postcard registration, if only 1% of the voters need election
dav clarification, thousands of telephone calls would come into state
and local election offices. As telephone lines become tied up and officials
and voters are unable to get through to determine registration status,
the breakdown begins. Long waiting lines develop, harassed precinct
officials begin to lose their customarv good nature, voters grow impa-
tient. and hundreds perhaps thousands of people are disenfranchised.
(25)
H. Rept. 94-798-4
26
Election day snafus may result in contests that are not decided until
long after the election is over. The specter of five or six Wyman-Dur-
kin type elections awaiting resolution by Congress only further crys-
tallizes the arguments against postcárd registration.
The attorneys fees generated in resolving such contests could add
tremendously to the hidden social costs of H.R. 11552. For example,
ADDITIONAL VIEWS OF JAMES C. CLEVELAND
the legal fees for 1974 contests. without the impact of postcard gen-
erated contests, ran in excess of $174,000, and the Durkin-Wyman fees
H.R. 11552 will add significantly to the already tremendous cost of
ran in excess of $214,000.
holding elections-and will not only fail to improve that system but
At a time when the Federal Government is already deep in its own
will undermine its integrity-that basic ingredient that makes free
debt and is being pushed toward the rescue of debt ridden local govern-
elections work.
ment, it would seem unwise to embark upon a program which would
A thorough discussion of the pitfalls of this legislation is contained
carry with it such high costs and such little promise of solving the
in the foregoing Minority Views and also in Minority Views to accom-
problem at which it is aimed.
pany the report on last year's postcard voter registration bill (see
In addition to the extravagant costs of postcard registration, the
House Report 93-778).
virtually unlimited opportunities for fraud which it creates are appall-
The essence of the minority viewpoint was stated in the latter-men-
ing. It invites the registration of fictitious persons at vacant lots, and
tioned views as follows: "While the bill is both conceptually appealing
as many other frauds as the ingenious felon can invent. Perhaps a
and well-intentioned, closer analysis shows that it will raise havoc with
better title for H.R. 11552 would, in fact, be the "Tombstone Rubbings
election administration procedures, create chaos in the political process
Act of 1976."
and disenfranchise many honest, innocent citizens.
SAMUEL L. DEVINE.
Postcard registration. in addition to its potential for fraud and
confusing administrative red tape, will set up a new federal bureauc-
racy with almost unlimited authority to spend huge sums of the tax-
payers' money at a time when we should be receiving both the size and
the cost of government.
It has been costing about $200 million a year just to administer
the electoral process (this figure does not include the money spent on
campaigns).
The estimates of the annual cost of a national postcard registration
system run all the way from $15 to $500 million. Most estimates fall
into the $30 and $125 million range H.R. 11552 would authorize $50
million.
Even proponents admit that it will be costly. One friendly witness
testified that it would be "scandalously wasteful" to make a mass mail-
ing of the postcards to every household. Another witness cited figures
between $320 and $500 million as the actual cost if the cards are mailed
to every household. During the mark-up, Subcommittee Chairman
Dent estimated $100 million.
GUARANTEED WASTE
It appears certain that this bill sets in motion an almost uncontrol-
lable appetite for federal money. While most people really concerned
with electoral participation will see the expense as excessive, some
honest folk will disagree. There is one extravagance in H.R. 11552,
however, that no amount of congenial argument can explain away.
That is a mandated waste of $10 million a year.
Dr. Richard Smolks zeroes in on the problem in the following two
paragraphs:
Distribution of the forms. H.R. 11552 provides for mass dis-
tribution of voter registration forms to every household in
the United States at least once every two years. There are
more than 100 million registered voters in the United States.
(27)
28
Every one of these 100 million registered voters would re-
ceive a voter registration form which would be of no possible
use. This provision of the bill absolutely guarantees a waste
of approximately $20 million every two years merely for
printing, handling and postage of forms going to persons al-
ADDITIONAL VIEWS OF CHARLES E. WIGGINS
ready registered.
This bill will waste more money for postage alone than is
IMPACT ON THE SYSTEM
currently being spent to register voters by all state and local
governments combined in any election year. But further
Postcard registration could profoundly alter the federal structure in
waste is inevitable. If only 10 percent of the 100 million vot-
the area of election administration by taking from the States the time-
ers who are already registered actually complete the form
honored responsibility for voter registration and giving it to the Fed-
and send it to their local registrar or call, or write the regis-
eral bureaucracy. Up to now, Congress has legislated in the registra-
trar to inquire about it, personnel and processing costs of addi-
tion field only when when it believed that due process of equal protec-
tional millions will be added. This is one of the excellent
tion were being denied.
reasons why both Maryland and New Jersey rejected any
There may be a need for Congress to establish statutory minimum
attempt to mass mail voter registration forms.
standards, but it should not dictate procedures, foolish or otherwise.
Postcard registration would set up yet another federal bureaucracy
This mandated waste is unconscionable and particularly SO in view
with the customary "Big Brother" overtones. At worst the Voter Reg-
of the increasing awareness (prompted by the New York City situa-
istration Administration could become a partisan agency, giving aid
tion) that we should be making an aggressive effort to trim the federal
to its political allies while refusing to give aid and advice to its
budget and its staggering deficit.
enemies. More likely, however, the Administration would simply be-
JAMES C. CLEVELAND.
come another moribund bureaucracy which would slow the registra-
tion efforts of the individual states by accident rather than by design.
Section 6 of the bill would require that state and local officials
process the registration forms, but that the Voter Registration Admin-
istration determine the cost of the processing. What if there is dis-
agreement What if the costs of processing exceed the administration's
estimates? Will state and local governments be forced to make up the
difference?
Section 8 of the bill requires that each of the approximately three 1
hundred thousand state and local election officials as defined by the
Act may request federal intervention in the registration process if
they have reason to believe that individuals who are not qualified
electors are attempting to register. Any one of this legion of state and
local officials could use this provision to block the registration of
students, blacks. and other minorities. This provision would severely
cripple the Voting Rights Act of 1965 and the Voting Rights Act
Amendments of 1970. By the time the Voter Registration Adminis-
tration could fully investigate and check the validity of the state and
local official's complaint, registration would probably be closed and
election day have come and gone.
REDUCING REGISTRATION
Several state and local officials and Dr. Richard Smolka, Director of
the Institute of Election Administration and a leading expert on voter
registration, have expressed the belief that a federal postcard regis-
tration system might reduce overall voter turnout.
1 Exact figure being researched.
(29)
30
There are several ways that postcard registration could reduce voter
turnout:
1. Past experience with address changes by postcard indicates that
up to one-third of the postcards may be either illegible or incomplete.
This problem is especially acute among the poor and lower middle
class voters-the main target of the proposed legislation. If the name
ADDITIONAL VIEWS OF J. HERBERT BURKE
or address is incomplete or illegible, there is often no way of finding
out who sent in the card. People who send in these illegible and incom-
H.R. 11552, it is argued, will bring U.S. voting turnouts more in line
plete cards, despite warnings to the contrary, will often think they are
with other western democracies. Such a claim is based on the fallacious
registered when they are in fact not. On election day these people will
assumption that such a difference in voter interest really exists.
be ineligible to vote and further alienated from the system.
In fact, when comparable situations are analyzed, turnout in the
2. Postcard registration would be dependent on the U.S. mail system
United States is remarkably similar to that in other western de-
which has been known to be both inefficient and unreliable. Mail service
mocracies. Complex and significant differences between political sys-
is especially bad in poor and lower middle class neighborhoods, where
tems and methods of computing voter turnout account for many of
most pockets of low registration are located. With 150 million or more
the apparent disparities between the United States and other countries.
pieces of mail shuttling back and forth in the postal system, there will
Specifically, unlike the United States, some European countries ex-
be undoubtedly considerable loss and confusion. Disenfranchised will
clude those legally and mentally unable to vote from their computa-
occur because cards will be lost or arrive too late to be processed.
tions on total voting age population, thus boosting their participation
3. States may decided to separate federal from state and local elec-
percentage in relation to the United States. Also, in a few countries,
tions by scheduling the latter in odd number years as New Jersey and
voting is compulsory; and in some cases, the figures given are simply
Virginia have done. The total separation of state and local elections
inaccurate. For example, the Australian Embassy has stated that their
from federal elections will tend to reduce voter turnout in all elections.
turnout figure is significantly lower than the quoted 97 percent.
4. If the states did not adopt postcard registration for all elections,
In the British parliamentary election of 1970, 71 percent of all
voters would have to comply with two registration procedures-one
eligible voted, 11 percent more than in the United States. However,
for federal elections and another for state and local elections. Con-
turnout in Britain's poor urban areas was 45-52 percent the same as it
fusion would result when registrars and voters attempt to determine
is in the United States. Suburban London turnout was 65-75 percent,
which persons are entitled to vote in all elections, which one federal
roughly equivalent to the average U.S. suburban turnout. High turn-
elections, and which ones in state and local elections. Many people
out, which raised the total percentage, occurred in areas with unique
would assume that they are registered for all elections, when in fact
political conditions uncommon in America. For example, in Cornish,
they are only registered for and can only vote in either state and local
Welsh, Scottish, and Northern Irish districts, three- and four-way
or federal elections. These registrants will be partially disenfranchised
races accounted for a higher than average turnout of 75-90 percent.
and understandably annoyed.
Likewise, top turnout of 90-92 percent was observed in Northern Irish
5. Perhaps the major cause for low turnout is voter alienation. Post-
districts where internal strife replaced politics as usual.
card registratioin would eliminate the only face-to-face contact many
During very recent years, turnout in both Canada and Great Britain
people have with their political system prior to election day. A study
has dropped about 5-7 percent, a figure quite similar to the drop in
published in Public Opinion Quarterly by Robert Kraut and John
the United States.
McConahay found that person-to-person contact with an eligible voter
Critics of the U.S. electoral habits are fond of saying voter turnout
prior to election day will increase the likelihood that he or she will
is abysmally low-only 55 percent in 1972, and they are equally fond
vote. Conversely, the lack of such contact will probably reduce the
of saying that postcard registration will somehow improve this.
likelihood of an eligible voter actually going to the polls. Postcard
What is wrong with the basic assertion is, of course, that the 55 per-
registration will eliminate this vital encounter.
cent figure is inaccurate. When aliens, the mentally ill, prisoners, ex-
There is no compelling reason to enact H.R. 11552, indeed if one is
felons, invalid ballots, those disqualified by residency requirements,
committed to the solution of the problem it purports to address. There
those who are ill on election day, those who do not vote for President,
are many compelling reasons not to enact this Bill.
etc. are properly accounted for, turnout is actually somewhat higher.
CHARLES E. WIGGINS.
Illegibility. Without tight control as in the case under present state
laws, there may be many illegible and incomplete postcards. Previous
experiences with postcards registration and address changes in Los
Angeles, Philadelphia, and the State of Washington, Hawaii and
Montana indicate that up to from 10 to 33 percent of the postcards
returned to state and local officials may be returned either incomplete
or illegible.
Experience has also shown that registration forms are not easily
filled out no matter how simple they appear to be. For example, even
(31)
32
where there is special training for assistants to help fill out forms
accurately and completely, there is still a significant percentage of
error.
In order to process the illegible and incomplete postcards, an inter-
change of correspondence will sometimes be necessary, a costly and
time-consuming process. Even then, states and local officials may well
ADDITIONAL VIEWS OF HON. BILL FRENZEL
accumulate thousands of postcards that will be completely unsuitable
for processing because of illegible handwriting or insufficient infor-
I do endorse the primary minority views signed by all the Republi-
mation. These applicants will be surprised, and dismayed, on election
can Members of the Committee. These additional remarks are aimed
day when they find they are not registered to vote.
at specific aspects of the bill on which I believe more comment is
Dual registration: Most state and local officials have stated that
necessary.
federal postcard registration would result in dual registration sys-
First, H.R. 11552, however, nobly motivated, or however conceptu-
tems. As a result, two sets of records would have to be maintained
ally appealing, simply will not do the job claimed for it. Instead it
or distinguishing marks would have to be made to separate the various
will be counterproductive, and may actually reduce voter participa-
classes of registrants.
tion. Certainly it will raise havoc with existing registration systems.
Presently, there are over 521,000 elected public officials in the United
Surely it will foul up registration administration. It may increase vote
States of whom 535 sit in Congress. Approximately 999 out of every
alienation, disenfranchise otherwise qualified voters. Finally, it will be
thousand elected officials are state and local officials. Under a dual
a scandalous waste of the taxpayers money.
registration system, citizens who register by postcard will only be
Poll after poll has shown conclusively that people don't vote for
able to vote in federal elections.
reasons other than difficulty in registering. Of those who do register,
In some instances, it would be necessary to have separate ballots and
only 75 percent vote in a Presidential election. And only the most
separate voting machines: One set for federal elections and one set
highly motivated even bother to register.
for state and local elections. There would be additional costs, addi-
Repeated surveys by the Census Bureau shows that the principal
tional clerks needed, as well as increased expertise. This would en-
reasons for non-voting is apathy and hostility toward politics. No
tail an additional expense of many millions of dollars at a time when
postcard can change these attitudes. As a matter of fact, most people
the public is wrestling under the twin federal spending burdens of
won't fill out postcards.
taxation and inflation.
Postcard registration, with proper controls (this bill does not have
J. HERBERT BURKE.
such controls), works well in metropolitan Minneapolis or in Mont-
gomery County. Voters there are educated and affluent. They are used
to using the mails to conduct business. The people that this bill pur-
ports to help-the unregistered, the disadvantaged, the poor, the mi-
norities-don't regularly use the mail. Many don't even have regular
addresses. Many would have difficulty filling in the card. This group
simply will not be helped by postcards.
Four states used some form of postcards in the last election. None
of these states mailed cards to homes or postal boxes. In Texas, cou-
pons in newspapers could be mailed in. In Maryland, cards were dis-
tributed by trained personnel who helped the registrants fill them in.
In New Jersey and Minnesota, they were placed in public buildings
and distributed by untrained groups and individuals, but not mailed.
In New Jersey, they had to be countersigned.
These states had interesting experiences. Together they averaged
7.6 percent below the national average in 1974 voter turnout, while
they had averaged only 2.8 percent below in 1972, and 4.9 percent
below in 1970. Each had a substantially lower turnout then in the
previous comparable election. Altogether, they are an excellent ex-
ample of the fact that postcard registration does not improve voter
turnout.
As of the end of 1975, 14 states have passed legislation to permit
mail registration. According to Bureau of Census's estimates, this
represents 41.1 percent of our entire Voting Age Population. It seems
to me we ought not force our marvelous federal postcard down the
(33)
34
throats of nearly half of those state election officials who are already
using a system designed to meet their particular problems and needs.
One of the reasons, postcard registration reduces voter turnout is
that it diverts local resources and personnel from other more effective
registration activities. Effective programs, like face-to-face registra-
tion through mobile or branch registration offices should be encouraged
ADDITIONAL VIEWS OF HON. W. HENSON MOORE
not crowded out. In other words, if the federal government forces the
states to go to postcard systems, the states will reduce registration
Numerous flaws exist in the language of H.R. 11552 as reported by
efforts that really work.
the House Administration Committee.
The costs are staggering. With a $74 billion deficit, we have no
Under the present provisions of the bill, the Commonwealth of
business instituting a system which we know won't work, but which
Puerto Rico is uniquely exempted from post card voter registration
will cost anywhere from $50 million to $500 million. Remember, it is
requirements. Evidence presented to the Committee indicates that
not just the costs of printing and mailing. The largest costs are in
Puerto Rico has an above average voter turnout under its present voter
handling the cards, making call-backs on incomplete card, checking
registration system and therefore would not "benefit" by the alleged
the duplicate registrations, etc. All these costs are being federally
"improvements" of post card voter registration. I commend Puerto
forced on the states, and onto our local government. Surely the clerks
Ricans for their civic participation in the election process, but I would
will have no time to do anything else like registering real, live people.
also like to suggest to my colleagues that what is sauce for the goose
This year's bill has a new feature. It involves the Federal Elections
should be sauce for the gander. North Dakota has no voter registration
Commission. Instead of the Census Bureau (Senate version) or the
system whatsoever. Therefore, the suggested premise that voter reg-
General Accounting Office (last session's House version), this year
istration systems deter high voter turnout simply does not apply. With
the administration or postcard registration is given to the FEC. The
this in mind, why not exclude North Dakota from post card voter reg-
FEC did not ask for the job. It was not officially consulted. It is al-
istration Why not exempt other rural areas within certain States that
ready overburdened and underfinanced. This extra burden may kill
the FEC.
have no pre-registration requirements?
The views of State officials who would be required to work with post
Another particularly bad feature of this bill is in Section 7(a). We
card registration on a day-to-day basis also merit attention. With all
force the post office to deliver the cards for free, or rather force them
of the potential snafus inherent in post card registration, it is not sur-
to bury the cost somewhere in their $1.2 billion incurred expenses
prising that a sizable majority of state and local officials oppose post
figure. Either way, the taxpayer will foot the bill in a big way but
card registration. In a 1973 poll of the Secretaries of State, only three
with no idea of the total cost. It's a use of subterfuge to fool the people
felt that a system of federal post and registration would be better than
as to the onerous cost of the program. Further, it's an obvious usurp-
their current state system. Eight Secretaries felt that at a given cost
tion of the jurisdiction of the Post Office and Civil Service Committee.
other alternatives may be better than the post card system. Thirty pre-
Because I believe that we have an obligation to try to register
ferred their current system to post card registration.
every citizen, and to try to stimulate every citizen to vote, I have in-
I also have reservations about the advice and consent problem
troduced H.R. 6145 as a substitute for H.R. 11552. H.R. 6145 preserves
dragged into H.R. 11552 during its mark-up. The bill stipulates that
our federalist system. It lets state and local officials decide which is
both the House and Senate have to approve the appointment of the
the best registration system for their areas.
three Administrators of the Voter Registration Administration.
It recognizes the federal responsibility for registration by provid-
The problem does not center upon the ability of the House to wisely
ing funds, on the basis of population, to the states. But it preserves
exercise such a power. Instead, the problem is of a constitutional
the states' rights to choose how to improve their systems. The fund dis-
nature. Article II, Section II of the U.S. Constitution vests advice
tribution is a sort of revenue sharing plan which will work without
and consent authority in the Senate alone without any reference to the
a bureaucracy and without needless cost.
House of Representatives.
If this substitute H.R. 6145 is made in order by the Rules Com-
During the hearings on H.R. 11552, Wade Martin, Jr., the Secretary
mittee, I shall offer it. I believe it recognizes federal responsibility,
of State of Louisiana and Chairman of the Regular and Special Elec-
but does not force federal standards.
tion Committees of the National Association of Secretaries of State
BILL FRENZEL.
made excellent points, several of which follow below:
To facilitate maintenance of registration lists, and to pre-
vent fraud, Louisiana, like many other states, in cooperation
with various citizen's groups, adopted a simple permanent
registration procedure. And experience has proved to us that
more individuals register and remain eligible to vote under
permanent registration. This system calls for change only if
the person fails to vote in a certain number of elections, or
changes his voting residence.
(35)
37
36
registration card as personal identification, the fact that it is
But H.R. 11552 would in effect scrap all such modern and
frequently issued by the county government, and in many
undesirable systems, and necessitate cumbersome, inconven-
states by the same county official who authenticates birth cer-
ient and expensive re-registration.
tificates, deeds, and other legal documents, makes the voter
Since, as I have said, the voters of our state favor simpli-
identification card a convincing document for most purposes.
fied voting and registration procedures, it is only realistic
to expect that many of them will fail to re-register as would
In light of expert testimony exposing the onerous features of H.R.
be required by this act. They may be absent from their homes
11552 by voting-procedures professionals and the only academician to
when the blank arrives, or may not visit a post office; many
testify before the Committee, there is a noticeable absence of evidence
of them may suffer as a result of the present increasing in-
to support passage of H.R. 11552.
efficiency of mail deliveries; or delay filling in the form. And
W. HENSON MOORE.
still others will simply conclude that filling out a registra-
tion card, and delivering or mailing it to the registration offi-
cials, every two years or more often is just too much trouble.
For whichever of the reasons above, or any other reason,
they fail to meet the post card registration requirement, mul-
titudes of our citizens who now regularly cast their votes
would be disenfranchised as a direct result of H.R. 11552.
One last problem is not election oriented but arises out of the fraudu-
lent use of the Notification of Registration Forms as a means of identi-
fication. Nationally prominent political scientist Richard Smolka
addressed this particular problem in an incisive manner:
There is also one non-election related potential effect of
H.R. 11552 which I would like to bring to the attention of this
committee. The voter identification card which is issued by
many states and which would be required under this legisla-
tion has increasingly been used fraudulently. Misuse of this
identification to establish citizenship, age or residence has
become so frequent that the New York State Board of Elec-
tions has called the attention of the County Election Commis-
sioners to the situation. Dr. Rossotti and I found misuse of the
card in both Maryland and New Jersey where mail registra-
tion made it easy to obtain. Misuse has also been reported in
Florida and in other states which do not have registration by
mail.
Although the misuse does not affect elections, when aliens
illegally in this country use a voter registration card to obtain
"instant citizenship" and thereby take employment away from
American citizens and taxpayers, there may be widespread if
unintended, consequences. Election officials have no control
over the misuse especially if the cardholder never comes to
the polls. Other less important uses include proof of age by
minors to obtain alcoholic beverages, and proof of residence
by persons who wish to avoid out-of-state fees.
In Dade County, Florida, officials report that persons ac-
cused of misdemeanors are released upon posting of a $1 bond
and their voter registration card. Prostitutes. it is alleged,
register repeatedly with various names and addresses to re-
main outside the custody of the law. In New Jersey, persons
obtained voter registration cards made out in the name of
social security recipients in order to cash stolen checks.
Although officials in Maryland and New Jersey as well as
other states have attempted to prevent the use of the voter
ADDITIONAL VIEWS OF HON. MARJORIE S. HOLT
H.R. 11552 is a pathetic bill, unneeded by the general public, un-
wanted by the taxpayer, a bill supported by many groups in whose
interest it might be to control the system of voter registration within
the United States. I will raise a few procedural questions as a former
administrator of elections for Anne Arundel County, Maryland. I do
SO because federal post card registration would be a tactician
nightmare.
Distribution of completed and blank registration cards.-As H.R.
11552 is now written, the Voter Registration Administration will be
required to determine where postcards must be returned. In states
with centralized registration systems, which is the exception to the
rule, this would be relatively simple. But most states enjoy local au-
tonomy in registration. In such cases, determination would be vir-
tually impossible. The Administration would have to print with differ-
ent return addresses, postcards for every local registration jurisdic-
tion. In itself, this is an enormous expense, but the Administration
must additionally print forms for every jurisdiction in several differ-
ent languages, increasing the distribution problem and the costs.
The problem which will face the Federal Government in sending
out the cards will be more than just an accurate return address, it will
also add a burden to the Postal Service because the return address will
be accurate only. if delivered to the correct postal patron. I under-
stand, for example, that Madison County, Alabama contains 14 county
and five state offices which have defined duties in connection with fed-
eral elections. Which of these is the proper authority to which post-
cards should be returned and how will the postman know which card
to deliver to whom?
Size of the card.-Although it is generally assumed that the post-
card application will be the size of a standard postal card, the amount
of information necessary to determine voter qualification, written leg-
ibly, may require a form of extraordinary size. Each card must con-
tain an explanation of basic election information including: (1) A
statement of the penalities for fraudulent registration, (2) a note that
failure to designate party preference may, in some states, disenfran-
chise the voter in nominating elections, (3) a notice that those who are
already registered need not register again, (4) instructions telling the
citizen that his registration is not valid until confirmation is received
by mail, etc.
Duplicate registration.-Large numbers of citizens will be inclined
to register several times. If registration postcards are distributed to
every household, persons already holding a valid registration will re-
register, requiring a crash program of checking thousands of prob-
ably illegible registrations to purge duplicates.
Duplicate registrations are already becoming a problem in many
states with liberal registration laws. These systems, however, are in-
compatible with the proposed federal system. Under state systems
(39)
40
with postcards, the cards are not distributed to every household and
those who are already registered would be less likely to register a sec-
ond or third time. Some of these systems are based on the use of trained
registrars who will check to see if a person is already registered. With
an army of untrained registrars, as under the federal system), many
people will register again because they will not be queried and will not
know whether they are already registered and will fear disenfran-
chisement if they do not re-register.
Duplicate registrations are already a problem in many states lack-
ing a centralized system. With an uncontrolled system of distribu-
tion, duplicates would become a major problem.
Bookkeeping problems.-People do not always follow instructions.
Sometimes they sign their names in full, sometimes they use their
commonly-called names, and other times they use only initials. What
will happen when an individual registered in a precinct as Robert J.
Smith has to be matched with postcards from the same address from
R. J. Smith, R. James Smith, and Bob Smith.
If two similar names turn up at the same address, it is impossible
to know if they are father and son, relatives, or the same person. State
and local officials must check every apparent duplication. MOST
DO NOT HAVE THE BUDGETS AND MANPOWER TO DO
SO.
Inadequacy of mail addresses.-In some areas, there will be no way
to identify by post office address of the registrant in which precinct
he lives. In many states, a zip code or even a city address might
include several towns and certainly will include a number of pre-
cincts. Rural delivery routes also include a large number of precincts.
Registration by postcard would provide no method of determining the
precinct of these people.
Sabotage.-Under post card registration, individuals wishing to
befoul the system of postcards and raise havoc not already im-
plicitly created by this law may fill out many postcards with fraud-
ulent names and addresses. This is particularly true because of ex-
treme laxity in the method of distribution. Once again, Clerks would
be forced to spend excessive time, non-existent budgets, and hire more
people to sort genuine applications from the fakes. Until now, even
states with postcard registration have not had this problem, because
their method of distribution is much more controlled.
H.R. 11552 features bad amendments such as its inclusion in the
Federal Elections Commissions and the Puerto Rico exemption from
the law. States presently, and their localities, are doing a good job
in registration. Where they fail, corrections can and must be made
at the state level.
Passage of H.R. 11552, in my view, would be the coup de grace in
undermining the faith, or what little is left of it, of the American
people that elections can be fairy and efficiently adminstered.
MARJORIE S. HOLT.
THE WHITE HOUSE
WASHINGTON
February 2, 1976
MEMORANDUM FOR:
MAX FRIEDERSDORF
FROM:
VERN LOEN
SUBJECT:
H.R. 11552 - Voter Registration Act
This bill, reported last Thursday from the House Administration
Committee, has been reinstated for Rules Committee consideration
at 2:00 p.m. Tuesday and for floor consideration on Thursday.
The majority informed the minority today that they will offer floor
amendments en bloc to place the Voter Registration Administration
in the General Accounting Office rather than in the Federal Elections
Commission as envisioned in the reported bill.
That ought to make the proposal much more palatable to Chairman
Hays, who has never been very hot for post card registration
because of his antipathy toward Common Cause.
Rep. Bill Frenzel will testify against the bill in Rules and lead the
floor fight with help from Rep. John Anderson. The minority is
contacting the Secretaries of State Association to ask their help
in contacting Members to cite possibilities for abuse and administrative
nightmares.
It is possible there will be a floor fight on the rule. You will recall we
defeated a similar bill in 1974 by beating the rule. Some 140 Members
who voted against the previous question on that occasion remain in the
House. The minority is hoping for a strong veto signal before the Rules
Committee meets tomorrow.
This legislation also will be discussed briefly at the House GOP
Conference on natural gas at 9:30 a.m. Tuesday, 2212 R.H. O.B.
cc: Jim Cannon
Paul O'Neill
Charles Leppert
Tom Loeffler
Alan Kranowitz
THE WHITE HOUSE
FIVE
WASHINGTON
July 27, 1976
MEMORANDUM FOR:
JACK MARSH
FROM:
ED SCHMULTS
GOD
SUBJECT:
H.R. 11552
Attached is a proposed a & A on the President's position on
H.R. 11552, the Voter Registration Act. I have been advised
that Jimmy Carter has called upon Carl Albert to expedite
passage of this bill. The position here is one that was used
when the President met in April 1975 with minority members
of the House Administration Committee concerning various
postcard registration bills then pending in the Committee.
Information prepared at that time indicates that similar
proposals have been strongly opposed by the National
Association of Secretaries of State who regard them as
administrative nightmares, and the American Civil Liberties
Union, which believes that postcard registration will increase
the opportunities and possibilities for fraud.
Nessen's office indicated that a question may now be raised
concerning the President's position on postcard registration.
Barry Roth has been advised by Tom Cooper, Assistant
Minority Council of the House Administration Committee, that
the Rules Committee will consider on Thursday a rule on
this bill. Cooper also advises that House Administration
Committee Chairman Frank Thompson indicated today that
he expected passage by the House prior to the Convention
recess.
FORD is LIBRARY
QUESTION:
Ron, Governor Carter has contacted Speaker Albert and
requested that he seek expeditious passage of H.R. 11552, the
Voter Registration Act. What is the President's position?
ANSWER:
The President has opposed the Voter Registration Act
(authorizing citizens to register for Federal elections by
post card). There is little assurance that increased
registration will increase voter participation in elections,
when great numbers who are already registered do not show
up at the polls to vote. Also, the Act will be an administrative
nightmare for State and local governments and it will increase
the potential and likelihood for fraud. This legislation would
create additional financial burdens on the Federal government
when the President is trying to curb Federal spending, and it
would establish a further large Federal administration within
the Federal Election Commission.
ES/BNR 7/27/76
FORD & GRAVID LIBRARY
Committee on House Administration
Bany
attached are the
Thompson amendments
which arere printed in
the Record and the
FEC amendments which
may be offered
Am
FORD i LIORARY 074830
7906
CONGRESSIONAL
July 28, 1976
conducive to a fair selection
ous diffusion facility that the private entre-
scribing the Congressional-consideration and.
process.
preneurs would build would be a "Iest-of-
approval process. It is not clear whether Con-
Should HR S401 become law and ERDA
a-kind" plant, copying the process and hard-
gress must approve B submitted arrangement
submit the proposed arrangement it has been
ware the Government has been operating for
within the 60-day period in order for the
regotiating for the commercial guseous diffu-
several decades.
commitment to become effective, or whether
sion plant, Congress would have to be trou-
Federal support of a privately owned com-
Congress, at its election, can take a longer
bled by the consideration that others, if
mercial plant for non-R & D reasons has been
period to act favorably. Such a period of
given the opportunity on a fair and reason-
wisely avoided by the Atomic Energy Act up
time may not be adequate to examine com-
able basis, might well have offered the Gov-
to this-time. That legislative policy remains
plex or artfully-drafted commitments with
ernment a better deal.
a sound one and should be continued.
sufficient care. Also, in the same period the-
Additionally, the details of the proposal by
IV. THE FOREIGN CONNECTION
Administration may deliberately have ERDA
the Bechtel combine indicate the strong like-
submit all or several of its proposed arrange-
I happen to believe that, all things con-
llhood that the arrangement ERDA would
ments for gas centrifuge demonstration proj-
sidered, it. is much more advisable for the
submit for Congressional approval will place
ects at the same time the proposed commit-
U.S. to be in the position of a supplier of
essentially all monetary risks on the Govern-
ment with the Bechtel combine for the dif-
enrichment services for foreign-use than not
ment and create the sort of risk-free sicua-
fusion plant is submitted. Insufficient time
to be. But It does not make any sense for the
tion for the private owners that is no more
for consideration can as easily lead to ap-
U.S. to become involved as a sort of guaran-
illustrative of the free enterprise system
proval as disapproval.
tor in a private deal that offers foreign in-
than the the complete absence of competi-
Still another problem exists in the word-:
vestors an assured 60 percent of product in
tion.
ing of subsection 45b in regard to what the
return for their substantial investment in
submittal must consist of. There is some
n. THE GOVERNMENT'S ROLE IN CASSOUS
the domestic plant.
indication that the Administration considers
DIFFUSION ENRICLMMENT
Requirements of the Atomic Energy Act,
the language of the bill to require the sub-
The Government's monopolistic role to
that H.R. 8401 would not amend, wisely make
mittal of ERDA's proposed agreement with
date in uranlum enrichment has worked
it practically impossible to assure foreign
the Bechtel combine but not the agreement
very well. The supply for the civilian sector
buyers that quantities of enriched uranium
with the foreign investors, to which ERDA
has been well-handled and reasonably priced.
products would be routinely exported. The
may or may not be a party. Prudent con-
The Government's costs are being recovered,
Act provides for certain procedures and gov-
tracting procedure would dictate that ERDA
and the price of uranium fuel has had the
ernmental approvals that cannot be dealt
should also be a party to the agreement
stabilizing benefit of & known, relatively-
with at one swoop in context of the arrange-
with the foreign associates because the mean-
unfluctuating cost factor for the important
ment the Bechtel combine has indicated it
ing and interpretations of that commitment
enrichment step.
plans to make with its foreign associates.
(as understood by the parties thereto) will
Until the free enterprise system truly indi-
ERDA (as well as other Executive agencies)
be 3 principal component of the entire ar-
cates its willingness to enter this field of
has certain statutory responsibilities in re-
rangment. For example, if the domestic en-
uranium enrichment, the Government
gard to proposed exports of special nuclear
trepreneuers default and the Government
should continue with its present role on the
material and other related matters that may
takes over the construction and operation
basis of full-cost recovery, increasing its fa-
well conflict with any express or inferential
of the plant-many of the rights of the for-
cilities as required by the anticipated de-
guarantee on its part that the private assur-
eign associates would probably-survive and-
mand for services.
ance of exports of percentages of product
have an effect on the Government's preroga-
It may be, perhaps, that uranium enrich-
will necessarily be effectuated.
tives.
ment by the private, free enterprise sector
Also there are certain Federal licensing.
But whether or not ERDA is a party to
will occur first through the use of gas cen-
conditions that must be satisfied under the
the commitment with the foreign associates,
trifuge technology-soon to be demonstrated
Atomic Energy Act. The involvement of ERDA
it would be of first-rank importance for the
by the Government-rather than the diffu-
as a contracting party to the private arrange-
Congress to have the opportunity to review
sion process that has been in use for several
ment could inject a note of conficting
their contract rights and obligations as part
decades. Beneficial operation of the free en-
interests.
of the.entire arrangment.
terprise system will determine the course of
For example, the private plant would be
In addition to the foregoing considerations,
such business trends and events. The cozy,
subject to licensing by NRC. However, under
various provisions of the Atomic Energy Act
paternalistic presence of the Government in
presently applicable law, if ERDA were to
call for Congressional review of certain pro-
a surety or risk protector role, even if ex-
take over ownership of the plant, such 11-
posed nuclear exports. It could be a source
tended to more than one entity. can only
censing would not be required.
of embarrassment for the Congrees were it;
distort free enterprise and betray the tax-
As part of the licensing requirèments of
on the one hand, to give its blanket ap-
the privately owned facility, GO construction
payers.
proval to an arrangement that would promise
permit or operating license may be given by
III. COVERAGE OF BOTH COOPERATIVE ARRANGE-
foreign entities 60 percent of the uranium
NRC to a corporation or other entity If the
MENTS FOR GAS CENTRIPUGE PROJECTS AND
enrichment product and then later. from
NRC "believes or has reason to believe it is
THE ADMINISTRATION'S PROPOSED ARRANGE-
time to time, express its disapproval of or
controlled, or dominated by an alien foreign
MENTS FOR 1 PRIVATELY OWNED GASEOUS DIF-
prevent specifically-proposed exports of the
corporation or a foreign government." This
FUSION ENRICHMENT PLANT
special nuclear material.
is a finding that NRC would have to make
Private commercial deals and governmental
For many years, under the Atomic Energy
after it carefully reviewed all of the rights
functions (of both the Executive Branch and
Act, demonstration projects have been en-
and privileges of the foreign investors, and
the legislative). like oil and water. don't mix
tered into pursuant to Congressional au-
ERDA's involvement in the arrangement on
properly.
thorization included as part of AEC's
behalf of the Administration could well serve
(ERDA's) normal authorization acts. Demon-
to inject some undue pressure on NRC. And
stration projects, by definition in the Atomic
should ERDA take over the plant as a non-
PROPOSED AMENDMENTS TO H.R.
Energy Act, are the end phase of the R & D
licensed operation, this statutory require-
11552, THE VOTER REGISTRATION
spectrum, and are envisioned in Section 31
ment could be bypassed.
-ACT
of the Act. H.R. 8401 is not needed for any
V. CERTAIN CONGRESSIONAL PROBLEMS
such demonstration projects. It is clear to
Without regard to any Constitutional
The SPEAKER pro tempore. Under E
me, and as far as I know no one disputes,
that cooperative projects for the demonstra-
questions, certain acute problems for the
previous order of the House, the gentle-
Congress would be invited by the blanket
man from New Jersey (Mr. THOMPSON),
tion of centrifuge facilities are quite in or-
der. The Administration could, and should,
authorization for the Administration to make
is recognized for 5 minutes.
have sought authorization for such coopera-
any arrangement it desired provided it was
Mr. THOMPSON. Mr. Speaker, as a
tive arrangements sometime ago. I can only
then approved by the Congress.
courtesy to the Members of the House
assume that this area of development was
To begin with, the timing of the legisla-
and the members of the Committee on
deliberately thrust into H.R. 8401 to give the
tion is such that it is being considered 07
Rules, I submit for the RECORD the fol-
bill the appearance of desirable legislation.
both Houses after the negotiations with the
lowing-proposed amendments to H.R.
In the 30 years of its existence, the Atomic
Bechtel combine have apparently been con-
cluded. There is clearly no logical reason
11552, the Voter Registration Act.
Energy Act was never amended to authorize
Federal assistance to a commercial project
why the essential details of the proposed ar-
The amendments are designed to con-
that was beyond the demonstration stage.
rangement should not be made available to
form H.R. 11552 to the Supreme Court
The Administration's proposed arrangement
the Congress before a legislative judgment
decision in Buckley against Valeo, and
for the privately owned gaseous diffusion en-
is made concerning the need for and the
to provide for the immediate implemen-
richment plant would, for the first time, In-
precise contents of the bill. Passage of the
tation of the act:
volve assistance under the Atomic Energy
bill in the dark when illumination is stail-
Act (sa amended by H.R. 8401) for 3 straight
able only serves to put such Congressional
AMENDMENT TO H.R. 11582, AS REPORTED
commercial, non-R & D project. As the Comp-
action in an unfavorable light, and later to
Page 3, line 5, strike out "and the House
troller General accurately points out in his
add embarrassment should Congress decide
of Representatives".
October 31, 1975, report (Ezamination of the
not to approve the submitted arrangement.
Page 3, line 6, strike out "two Associate
Administration's Proposal for Government
Another problem exists in the intricacy of
Administrators" and insert in Beu thereof
Assistance to Private U.E. Groups) the gase-
the provisions of the new subsection 45b de-
"an Associate Administrator".
28, 1976
CONGRESSIONAL RECORD
H 7907
imbeginning on line 8, strike out "The
Israel could participate), it was introduced
If the United States had not spoken out so
Mident shall submit" and all that follows
again and passed with no opposition at all.
forcefully in defense of Israel, there would
line. 10.
This time, at the UN, Israel and the United
in all probability have been no country to
3. line 11. strike out "date of enact-
States were joined by thirty-three other
speak out in defense of Israel but Israel it-
of this Act.".
nations in voting against the resolution.
self. Yet forceful as the American support
Page 3. line 12, insert immediately after
while another thrity-two abstained, leaving
for Israel was in the case of the Ziouism-
The the following: "Administrator and
its sponsors with a majority but nothing re-
racism resolution, It held only cold comfort
motely approaching the overwhelming en-
for Israel.
Page C. beginning on line 13, strika out
dorsement to which they had by now become
The reason is that while the United States
Administrators" and insert in lieu thereof
accustomed. This time too there were protests
would unquestionably have opposed such a
Administrator".
from private groups, especially within the
resolution under any circumstances, 15 is by
Page 3, immediately after line 16, insert
United States, where much outrage against
no means clear that the opposition would
the following new subsection:
the resolution was expressed and virtually no
have been as passionate or as effective if any-
(c) The Federal Election Com nission shall
support. Indeed. so great did the revulsion
one but Daniel P. Moynihan had been the
out the duties and powers of the Ad-
against the resolution appear that in the
American representative at the time. The
unistration and shall take such actions as
opinion of the British ambassador to the UN,
strong language in which Moynihan de-
be necessary to carry out the provisions
the net result was a victory for Israel rather
nounced the resolution and the tactics he
this Act during the period beginning on
than a defeat.
used in lobbying against it originated with
the date of the enactment of this Act and
If, however, the Zionism-racism resolution
him and not in Washington, and they were
ending on the date on which the first Ad-
was a victory for the Israelis, It was 3 victory
tolerated rather than enthusiastically eu-
ministrator and Associate Administrator of
of the type of which they might with per-
dorsed by his superiors in the State Depart-
Administration are qualified under sub-
fect precision have sald: One more such and
ment. Consequently, if not for the accident
ection (a).
we are undone. Certainly the response to the
of Moynlhan's presence in the UN when the
Page 10, line 10. immediately after "shall"
resolution revealed that Israel was not en-
issue arose, the resolution might well have
Lisers the following: ", subject to amounts
tirely isolated. But on closer inspection it
passed without serious principled opposition
ppropriated under section 15,".
revealed a deterioration in Israel's position
and by a margin approaching the near-
Page 11, line 14, strike, out "approve" and
which went much deeper than the gross vot-
unanimity achieved by the Arabs at Lima,
isert in Heu thereof "does not".
ing statistics or the mere volume of public
Kampala, and Mexico City.
Page 11, line 15, insert "disapprove" im-
protest by themselves could even begin to
In short, Moynihan's behavior, far from
mediately before "any rule or regulation".
suggest.
being an accurate barometer of Ameri-
Page 11, beginning cn line 19, strike out
In order to appreciate the extent of that
can policy toward Israel in general, was-and
not approved" and insert in lieu thereof
deterioration, it is necessary to bear in mind
"disapproved".
what the Zionism-racism resolution said
in retrospect looks more and more like-an
about the state of Israel. The resolution did
aberration in an otherwise consistent pat-
Page 11, line 21, strike out "not approved"
and insert in lleu: thereof "disapproved".
not merely condemn the state of Israel for
tern of weakening American support for the
alleged crimes against the Palestinians, or
Israell position. Officially, of course, the
Page- 12. beginning. line 21, strike out
"section 202 of the Voting Rights Act Amend-
for discriminating against its own Arab citi-
United States continues to affirm Its com-
zens. What the resolution did was to de-
mitment to Israel. and not merely in words.
ments of 1970 (42 U.S.C. 1973aa-1). relating
it expanded opportunities of registering to
nounce the state of Israel itself as an illegiti-
American military aid continues to be
vote and voting for electors for President and
mate entity. The very idea of a sovereign
supplied to the Israelis in greater quantities
Vice President" and insert. in lieu thereof
Jewish state in the Middle East (Zionism),
than ever, and American votes continue to
let alone the actuality of one, no matter
be cast in the Security Council. in the Hu-
"the Voting Rights Act of 1965".
what its boundaries might be, was by defini-
man Rights Commission, in UNESCO, in the
Page 14. beginning on line 5, strike out
tion declared criminal (racist). In the eyes
International Labor Organization. and in the
Administrators (2)" and insert in lieu
thereof "Administrator".
of this resolution, Israel could only cease to
World Health Organization against. the end-
Page 14, strixe out line. 13 through line
be criminal if It ceased to be both Jewish
less parade of resolutions condemning Israel
21 and insert in lleu thereof the following
and sovereign-if, in other words, it ceased
and all its works. At the same time, however,
new section:
to exist. Returning to the boundaries of 1967
everyone senses the presence of powerful
or even the boundaries of 1948 would make
EFFECTIVE DATE
undercurrents pulling in the other direction.
not the slightest difference. For the resolu-
In the UN, Moynihan's "lectures. on demo-
SEC. 16. The foregoing provisions of this
tion did not concern boundaries or occupied
cracy and decency"-as, according to the New
Act. and the amendments made by this Act,
territories: it concerned the right of a sov-
shall take effect on the date of the enact-
York Times, they are scornfully called by
ereign Jewish state of any size or shape to
ment of this Act.
"several diplomats" of unspecified national-
exist in the Middle East.
ity-have given way to the "courtesy and re-
From Israel's point of view. it was bad
straint" of William Scranton. "Arab diplo-
enough that a majority of the member-
THE ABANDONMENT OF ISRAEL
mats," the Times reports, "lauded what they
states of the United Nations-under whose
said was a new 'tone' that Mr. Scranton had
(Mr. BOLLING asked and was given
ausplces the state of Israel had come into
introduced in the Middle East debates." And
permission to extend his remarks at this
being in the first place-when asked whether
indeed there was a new tone. In the Security
point in the RECORD and to include ex-
a sovereign Jewish state had the right to
Council, in his very first statement as the
exist in the Middle East, should have an-
traneous matter.)
American ambassador, Scranton praised
swered No. Yet the manner in which most
Mr. BOLLING. Mr. Speaker, the United
Jamil M. Baroody of Saudi Arabia for his
of the member-states who answered Yes to
States and every other democratic nation
"inimitable wit and remarkable eloquence
this question chose to do so was in its own
on Earth has a vital stake in the survival
way almost as bad. The United States argued
and, most important of all and truly and
vehemently that the resolution was wrong
seriously. his very extraordinary knowledge
of Israel. We must not waiver in our long-
in principle, that it was based on a perver-
of history." This was just after Baroody had
standing determination to see to it that
sion of language and & distortion of the his-
demonstrated "his very extraordinary knowl-
our fellow democracy persists. The fol-
torical record. But no more than two or three
edge of history" by asserting, among other
lowing analysis in the July 1976 edition
of the other countries who either voted
things, that the Zionists had forced Wood-
of Commentary can help us all keep the
against the resolution or abstained (Costa
row Wilson into World War I. Baroody then
importance of our conduct in the Middle
Rica and Barbados come to mind) acted on
proceeded to put his "inimitable wit and re-
East in clear focus:
any such principled basis. One after another
markable eloquence" on full display the next
the délegates who had been instructed by
day in a speech to the Security Council
THE ABANDONMENT OF ISRAEL
their governments to oppose or abstain rose
declaring that The Diary of Anne Frank was
(By Norman Podhoretz)
to the rostrum to make speeches "in er-
a forgery and that the Holocaust would some
When. about a year ago, the United Na-
planation of vote": and one after another
tions declared that Zionism was a form of
they argued not that the resolution was
The contrast between these earller votes
racism, 3 measure of comfort for the state
wrong but that it was politically unwise. Far
and the one in the General Assembly ob-
of Israel and its supporters could be found
from defending Israel, moreover, most of the
viously disposes of the often-repeated charge
in the fact that an impressive degree of op-
countries that refused to endorse the reso-
that Moynthan's tactics "made things worse"
position was mounted to this "obscene"
lution went out of their way to assure the
for Israel. The truth is that as a result of
idea-as the American representative called
world that they yielded to no one in their
those tactics. opposition to the resolution
:-both within the General Assembly itself
disapproval and indeed detestation of Israel's
grew as it passed through the parliamentary
and in the world outside. At Mexico City in
many crimes. In effect, while they were not
process on its way to final approval. In the
1375, where the same resolution was first In-
prepared to go so far as to say that Israel had
Third Committee, where it was first intro-
troduced, it was approved with only two
no right to exist, neither were they quite
duced, the opposing vote (negatives plus
opposing votes: that of Israel and that of the
prepared to affirm unequivocally that Israel
abstentions) was 56; in the next stage (a
United States. Then, at meetings of the OAU
did have a right to exist.
vote to postpore), opposition increased to
in Kampala and of the Group of 77 at Lima
For all practical purposes, then, the United
61; and in the vote in the General Assembly
(In which neither the United States nor
States remained Israel's only real defender.
itself, It rose to 67.
FEC
Amendment Number 1
ESTABLISHMENT OF ADMINISTRATION
Section 3
(Delete Section 3 and insert in lieu thereof the following.)
Section 3(a) --- There is established within the Federal Election Commission,
the Voter Registration Administration.
(b) The Federal Election Commissioners shall appoint an Admini-
strator and an Associate Administrator- to. establish and
administer a National Voter Registration Program and to carry
out such other duties as set forth in Section 4.
(c) The Federal Election Commission shall carry out the duties and
powers of the administration and take such other actions that
may be necessary to carry out the provisions of this Act
during the period beginning with the date of enactment of this
Act and ending on the date when the first Administrator and
Associate Administrator are appointed by the Commission under
this Section. The Administrator and Associate Administrator
shall not be members of the same political party. The admini-
strator shall be the chief executive officer of the administration.
The administrator and the associate administrator shall be
paid at a rate not to exceed the rate of basic pay in effect
for Level V of the Executive Schedule (5 U.S.C. Section 5316).
BERALO FORD
- 2 -
COMMENT: This amendment changes the present Section 3 of H.R. 11552 in
a fashion which would more clearly delineate the lines of authority for
the Voter Registration Administration. Under the existing bill, it is
the responsibility of the Commission to establish and administer the
National Postcard Voter Registration Program until such time as the
administrators are appointed by the President. EN Amending this Section
to provide for the Commission to have the responsibility for the admini-
stration of this program from start to finish would ensure a smooth
transfer of administrative personnel once the postcard administrators
are appointed. It is unclear under the existing bill whether the admini-
strators of the voter registration are accountable to the Election
Commission or to the President and what their role is within the Commission.
This amendment will hold the Election Commission accountable for the
administration of this program.
FORD
3
Amendment Number 2
DUTIES AND POWERS
section 14]
Parts
Delete Section (2), and (3).
COMMENT: Under the Federal Election Campaign Act of 1971, a National
Clearinghouse for Election information was established with the respon-
sibility for "conducting independent studies of the administration of
elections. Such duties include: (2) practices relating to the
registration of voters; and (3) voting and counting methods." Parts
2 and 3 under Section 4 would call for the Voter Registration Admini-
stration to conduct exactly the same types of studies that the
Clearinghouse of the Federal Election Commission is already conducting.
This would be a duplication of effort and a needless waste of resources.
Also. Section(4)
insert line 7 after "employers"- -
'with the approval of The Commission."
insert line 13 after "consultants"
- with the approval of the Commission"
GERALD FORD
Amendment Number 3
Section 4, Part (4), line 10 --- delete the word "competitive" and insert
in lieu thereof "excepted".
COMMENT: Employees of the Federal Election Commission are presently
serving in the excepted service under Title 5 U.S.C., H.R. 11552 would
result in half of the Federal Election Commission serving under the
competitive service and half of the Commission remaining under the
excepted service. Entirely separate personnel program would have to
be established with separate grievance procedures required for those
individuals who would be serving in the competitive service. All
employees should be serving under one type of service in order to
avoid duplication of resources and effort.
Employees placed in the "competitive" service would be governed
by the enormously complicated civil service grievance procedures and
would hamper effective administration of any personnel policies
established by the Commission.
GERALD FORD
- 5 -
Amendment Number 4
Section 15, line 10 (page 14) -- delete the phrase "not to exceed 50
million dollars"
COMMENT: Reasonable estimates for the cost of administrating this
National Voter Registration Program run far beyond 50 and even 100
million dollars. It is unreasonable to expect such a program to be
implemented and administered for the 1976 elections while mandating
Anthorization funds.
such a severly limited utilization of resources.
PORD
THE WHITE HOUSE
WASHINGTON
October 10, 1975
MEMORANDUM FOR:
JACK MARSH
THRU:
MAX L. FRIEDERSDORF
VERN LOEN n
FROM:
CHARLES LEPPERT, JR. CC
SUBJECT:
Status Report on H. Res. 710
Nixon Papers and Taxes, etc.
H. Res. 710, relating to the Nixon papers and taxes was favorably reported by
the Committee on House Administration on September 18, 1975, by a vote of
10-5-1. Voting against the resolution were Rep. 's Dickinson, Devine, Wiggins,
Holt, and Moore. Rep. Cleveland voted present.
The House Administration Committee filed its Committee report on H. Res. 710
on October 9, 1975. Rep. Cleveland filed Minority views which I am advised
raise some excellent constitutional issues concerning the resolution. Copies
of the Committee report are being sent to me as soon as they are available.
The Committee on House Administration has three other measures before the
Committee of interest. They are:
(1)
H.R. 1686, Postcard Voter Registration which was referred to the
Full Committee on July 23, 1975, without amendments. No action
scheduled at this time.
(2)
H.R. 3211 and S. 95, Overseas Citizens Voting Rights Act is in the
process of being marked-up by the Full Committee. It is anticipated
that this bill will go to the House for consideration in November 1975.
(3)
H.R. 111, et al, Federal Election Campaign Act Amendments which
are pending in the Subcommittee on Elections and nothing is scheduled
at this time.
"
H.R. 214 et al concerning wiretapping and electronic surveillance is pending
before the Subcommittee on Courts, Civil Liberties and the Administration of
Justice in the House Judiciary Committee. Hearings on this legislation were
held in March, May, June, July and September 1975. No action on these bills
are scheduled for the Subcommittee during the month of October 1975.
THE WHITE HOUSE
WASHINGTON
October 8, 1975
MEMORANDUM FOR:
MAX FRIEDERSDORF
FROM:
JACK MARCH
It is my understanding that H. Res. 710, relating to Nixon papers
and tapes, may be considered within the next several weeks before
the House Administration Committee. I would be grateful for a
discreet inquiry from one of your House people and a status report.
I suggest at the time they make the inquiry of the Committee that
they also inquire about another matter pending before the same
Committee, in order to not arouse any unusual interest in the
request. For example, postcard registration is pending before
the same Committee.
We would also be interested in the status of H. R. 214, electronic
surveillance before the Judiciary Committee.
94TH CONGRESS
1ST SESSION
H. R. 1686
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 1975
Mr. HAYS of Ohio introduced the following bill; which was referred to the
Committee on House Administration
A
BILL
To establish a Voter Registration Administration within the Gen-
eral Accounting Office for the purpose of administering a
voter registration program through the Postal Service.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Voter Registration Act".
4
DEFINITIONS
5
SEC. 2. As used in this Act-
6
(1) the term "Administration" means the Voter
7
Registration Administration;
8
(2) the term "State" means each State of the
9
United States, the political subdivisions of each State,
VI-0
2
3
1
the Commonwealth of Puerto Rico, the Virgin Islands,
1
(b) The President shall appoint, by and with the advice
2
Guam, and the District of Columbia;
2 and consent of the Senate, an Administrator and two Asso-
3
(3) the term "Federal office" means the office of
3 ciate Administrators for terms of four years each, who may
4
the President, the Vice President, an elector for Presi-
4 continue in office until a successor is qualified. An individual
5
dent and Vice President, a Senator, a Representative, or
5 appointed to fill a vacancy shall serve the remainder of the
6
a Delegate to the Congress;
6 term to which his predecessor was appointed. The Associate
7
(4) the term "Federal election" means any bien-
7 Administrators shall not be members of the same political
8
nial or quadrennial primary or general election and any
8 party. The Administrator shall be the chief executive officer
9
special election held for the purpose of nominating or
9 of the Administration.
10
electing candidates for any Federal office, including any
10
DUTIES AND POWERS
11
election held for the purpose of expressing voter pref-
11
SEC. 4. The Administration shall-
12
erence for the nomination of individuals for election to
12
(1) establish and administer a voter registration
13
the office of President and any election held for the pur-
13
program in accordance with this Act for all Federal
14
pose of selecting delegates to a national political party
14
elections;
15
nominating convention or to a caucus held for the
15
(2) collect, analyze, and arrange for the publica-
16
purpose of selecting delegates to such a convention;
16
tion and sale by the Government Printing Office of
17
(5) the term "State election" means any election
17
information concerning elections in the United States
18
other than a Federal election; and
18
(but this publication shall not disclose any information
19
(6) the term "State official" means any individual
19
which permits the identification of individual voters) ;
20
who acts as an official or agent of a government of a
20
(3) provide assistance to State officials concern-
21
State or political subdivision thereof to register qualified
21
ing voter registration-by-mail and election problems
22
electors, or to conduct or supervise any Federal election
22
generally;
23
in a State.
23
(4) obtain facilities and supplies and appoint and
24
ESTABLISHMENT OF ADMINISTRATION
24
fix the pay of officers and employees, as may be neces-
25
SEC. 3. (a) There is established within the General Ac-
25
sary to permit the Administration to carry out its duties
26
counting Office the Voter Registration Administration.
4
5
1
and powers under this Act, and such officers and em-
1
(b) Whenever a Federal election is held in any State,
2
ployees shall be in the competitive service under title 5,
2 the Administration may, upon the request of any State official,
3
United States Code;
3 furnish officers and employees and such other assistance as
4
(5) appoint and fix the pay of experts and consult-
4 the Administration and the State official may agree upon to
5
ants for temporary services as authorized under section
5 assist State officials in the registration of individuals applying
6
3109 of title 5, United States Code;
6 to register in that State under the provisions of this Act.
7
(6) provide the Congress with such information as
7
REGISTRATION FORMS
8
the Congress may from time to time request, and pre-
8
SEC. 6. (a) The Administration shall prepare voter
9
pare and submit to the President and the Congress a
9 registration forms in accordance with the provisions of this
10
report on its activities, and on voter registration and
10 section.
11
elections generally in the United States, immediately
11
(b) Printed registration forms shall be designed to pro-
12
following each biennial general Federal election; and
12 vide a simple method of registering to vote by mail. Regis-
13
(7) take such other action as it deems necessary
13 tration forms shall include matter as State law requires and
14
and proper to carry out its duties and powers under this
14 as the Administration determines appropriate to ascertain
15
Act.
15 the positive identification and voter qualifications of an indi-
16
QUALIFICATIONS AND PROCEDURE
16 vidual applying to register under the provisions of this Act,
17
SEC. 5. (a) An individual who fulfills the requirements
17 to provide for the return delivery of the completed registra-
18 to be a qualified voter under State law and who is registered
18 tion form to the appropriate State official, and to prevent
19 to vote under the provisions of this Act shall be entitled to
19 fraudulent registration. Registration forms shall also include
20 vote in Federal elections in that State, except that each State
20 a statement of the penalties provided by law for attempting
21 shall provide for the registration or other means of qualifica-
21 fraudulently to register to vote under the provisions of this
22 tion of all residents of such States who apply, not later than
22
Act.
23 thirty days immediately prior to any Federal election, for
23
(c) A registration notification form advising the appli-
24 registration or qualification to vote in such election.
24 cant of the acceptance or rejection of his resignation shall
25 be completed and promptly mailed by the State official to
6
7
1 the applicant. If any registration notification form is undeliv-
1
(c) The Postal Service shall distribute the registration
2 erable as addressed, it shall not be forwarded to another
2 forms to postal addresses and residences at least once every
3 address but shall be returned to the State official mailing the
3 two years not earlier than one hundred and twenty days or
4 form. The possession of a registration notification form indi-
4 later than sixty days prior to the close of registration for
5 cating that the individual is entitled to vote in an election
5 the next Federal election in each State.
6 shall be prima facie evidence that the individual is a qualified
6
(d) The Administration is authorized to enter into
7 and registered elector entitled to vote in any such election
7 agreements with the Secretary of each Military Department
8 but presentation of the form shall not be required to cast
8 of the Armed Forces of the United States for the distribution
9 his ballot.
9 of registration forms at military installations.
10
DISTRIBUTION OF REGISTRATION FORMS
10
(e) This section shall not be construed to place any
11
SEC. 7. (a) The Administration is authorized to enter
11 time limit upon the general availability of registration forms
12 into agreements with the Postal Service, with departments
12 in post offices and appropriate Federal, State, and local
13 and agencies of the Federal Government, and with State
13 government offices pursuant to agreements made under this
14 officials for the distribution of registration forms in accord-
14 section.
15 ance with the provisions of this section.
15
PREVENTION OF FRAUDULENT REGISTRATION
16
(b) Any agreement made between the Administration
16
SEC. 8. (a) In addition to taking any appropriate action
17 and the Postal Service shall provide for the preparation by
17 under State law, whenever a State official has reason to be-
18 the Administration of sufficient quantities of registration forms
18 lieve that individuals who are not qualified electors are
19 SO that the Postal Service can deliver a sufficient quantity of
19 attempting to register to vote under the provisions of this
20 registration forms to postal addresses and residences in the
20 Act, he shall notify the Administration and request its assist-
21 United States and for the preparation of an ample quantity
21 ance to prevent fraudulent registration. The Administration
22 of such forms for public distribution at any post office, postal
22 shall give reasonable and expeditious assistance in such cases,
23 substation, postal contract station, or on any rural or star
23 and shall issue a report on its findings.
24 route.
24
(b) (1) Whenever the Administration or a State official
25 determines that there is a pattern of fraudulent registration,
8
9
1 attempted fraudulent registration, or any activity on the part
1
(b) Any person who deprives, or attempts to deprive,
2 of any individuals or groups of individuals to register individ-
2 any other person of any right under this Act shall be fined
3 uals to vote who are not qualified electors, the Administration
3 not more than $5,000, or imprisoned not more than five
4 or a State official may request the Attorney General to bring
4 years, or both.
5 action under this section. The Attorney General is authorized
5
(c) The provisions of section 1001 of title 18, United
6 to bring a civil action in any appropriate district court of the
6 States Code, are applicable to the registration form prepared
7 United States or the United States District Court for the Dis-
7 under section 6 of this Act.
8 trict of Columbia to secure an order to enjoin fraudulent reg-
8
FINANCIAL ASSISTANCE
9 istration, and any other appropriate order.
9
SEC. 10. (a) The Administration shall determine the
10
(2) The district court of the United States or the United
10 fair and reasonable cost of processing registration forms pre-
11 States District Court of the District of Columbia shall have
11 scribed under this Act, and shall pay to each appropriate
12 jurisdiction without regard to any amount in controversy of
12 State an amount equal to such cost per card multiplied by
13 proceedings instituted pursuant to this section.
13 the number of registration cards processed under this Act
14
PENALTIES
14 in that State.
15
SEC. 9. (a) Whoever knowingly or willfully gives false
15
(b) The Administration is authorized to pay any State
16 information as to his name, address, residence, age, or other
16 which adopts the registration form and system prescribed by
17 information for the purposes of establishing his eligibility to
17 this Act as a form and system of registration to be a qualified
18 register or vote under this Act, or conspires with another
18 and registered elector for State elections in that State. Pay-
19 individual for the purpose of encouraging his false registration
19 ments made to a State under this subsection may not exceed
20 to vote or illegal voting, or pays or offers to pay or accepts
20
30 per centum of the amount paid that State under subsec-
21 or offers to accept payment either for registration to vote or
21 tion (a) of this section for the most recent general Federal
22 for voting, or registers to vote with the intention of voting
22 election in that State.
23 more than once or votes more than once in the same Federal
23
(c) Payments under this section may be made in in-
24 election shall be fined not more than $10,000, or imprisoned
24 stallments and in advance or by way of reimbursement, with
25 not more than five years, or both.
25 necessary adjustments on account of overpayments or under-
26 payments.
10
11
1
REGULATIONS
1 relating to expanded opportunities of registering to vote and
2
SEC. 11. The Administration is authorized to issue rules
2 voting for electors for President and Vice President; or (2)
3 and regulations for the administration of this chapter. Such
3 the Federal Voting Assistance Act of 1955 (50 U.S.C.
4 regulations may exclude a State from thé provisions of this
4 1451 et seq.)
5 chapter if that State does not require a qualified applicant
5
AMENDMENTS TO TITLE 39, UNITED STATES CODE
6 to register prior to the date of a Federal election.
6
SEC. 13. (a) Section 3202 (a) of title 39, United States
7
EFFECT ON OTHER LAWS
7 Code, is amended-
8
SEC. 12. (a) Notwithstanding any other provision of
8
(1) by striking out "and" at the end of clause (4) ;
9 this Act, any State that adopts the Federal assistance post
9
(2) by striking out the period at the end of clause
10 card form recommended by the Federal Voting Assistance
10
(5) and inserting in lieu thereof "; and"; and
11 Act of 1955 (50 U.S.C. 1451 et seq.) with respect to any
11
(3) by adding at the end thereof:
12 category of its electors (1) shall, insofar as such electors
12
" (6) mail relating to voter registration pursuant
13 are concerned, be deemed to be in full compliance with the
13
to sections 6 and 7 of the Voter Registration Act.".
14 provisions of section 6 of this Act and (2) shall be eligible
14
(b) Section 3206 of title 39, United States Code, is
15 to receive payments of financial assistance from the Adminis-
15
amended by adding the following new subsection:
16 tration, as provided in section 10 of this Act, on account of
16
(d) The Voter Registration Administration shall trans-
17 the simplified and greater voting opportunities thereby
17 fer to the Postal Service as postal revenues out of any
18 granted to such electors.
18
appropriations made to the Administration for that purpose
19
(b) Nothing in this Act shall be construed to prevent
19 the equivalent amount of postage, as determined by the
20 any State from granting less restrictive registration or voting
20 Postal Service, for penalty mailings under clause (6) of
21 practices or more expanded registration of voting opportuni-
21 section 3202 (a) of this title.".
22 ties than those prescribed by this Act.
22
(c) Section 404 of title 39, United States Code, is
23
(c) Nothing in this Act shall be construed to limit or
23
amended-
24 repeal any provision of (1) section 202 of the Voting
24
(1) by striking out "and" at the end of clause (8) ;
25 Rights Act Amendments of 1970 (42 U.S.C. 1973aa-1),
12
1
(2) by striking out the period at the end of clause
2
(9) and inserting in lieu thereof "; and"; and
3
(3) by adding at the end thereof the following new
4
clause:
5
" (10) to enter into arrangements with the Voter
6
Registration Administration of the General Accounting
7
Office for the collection, delivery, and return delivery
8
of voter registration forms.".
9
AMENDMENT TO TITLE 5, UNITED STATES CODE
10
SEC. 14. Section 5316 of title 5, United States Code, is
11 amended by adding at the end thereof the following new
12 paragraph:
13
(132) Administrator and Associate Administra-
14
tors (2), Voter Registration Administration, General
15
Accounting Office.".
16
AUTHORIZATION OF APPROPRIATIONS
17
SEC. 15. There are authorized to be appropriated such
18 sums, not to exceed $50,000,000, as may be necessary to
19 carry out the provisions of this Act.
94TH CONGRESS
1ST SESSION
H. R. 1686
A BILL
To establish a Voter Registration Administra-
tion within the General Accounting Office
for the purpose of administering a voter reg-
istration program through the Postal
Service.
By Mr. HAYS of Ohio
JANUARY 20, 1975
Referred to the Committee on House Administration