This page intentionally left blank 0366-00 Federal Election/FM 2/11/02 14:47 Page i Pride To Assure and Confidence in theElectoral Process 0366-00 Federal Election/FM 2/11/02 14:47 Page ii National Commission on Federal Election Reform organized by Miller Center of Public Affairs, University of Virginia The Century Foundation supported by The David and Lucile Packard Foundation The William and Flora Hewlett Foundation The John S. and James L. Knight Foundation THE COMMISSION PUBLIC HEARINGS Honorary Co-Chairs March 26, 2001 President Gerald R. Ford Citizen Participation President Jimmy Carter The Carter Center Co-Chairs Atlanta, Georgia Robert H. Michel April 12, 2001 Lloyd N. Cutler Election Administration Vice-Chairs The Ronald Reagan Presidential Slade Gorton Library Kathleen M. Sullivan Simi Valley, California Commissioners May 24, 2001 Griffin Bell Rudy Boschwitz What Does the Law Require? John C. Danforth Lyndon B. Johnson Library and Christopher F. Edley, Jr. Museum Hanna Holborn Gray Austin, Texas Colleen C. McAndrews June 5, 2001 Daniel Patrick Moynihan Leon Panetta The American and International Deval L. Patrick Experience Diane Ravitch Gerald R. Ford Library Bill Richardson Ann Arbor, Michigan John Seigenthaler Michael Steele Executive Director Philip Zelikow 0366-00 Federal Election/FM 2/11/02 14:47 Page iii Pride To Assure and Confidence in the Electoral Process Report of the National Commission on Federal Election Reform Jimmy Carter Gerald R. Ford Lloyd N. Cutler Robert H. Michel Co-Chairs Philip Zelikow Executive Director brookings institution press Washington, D.C. 0366-00 Federal Election/FM 2/11/02 14:47 Page iv about brookings The Brookings Institution is a private nonprofit organization devoted to research, education, and publication on important issues of domestic and foreign policy. Its principal purpose is to bring knowledge to bear on current and emerging policy problems. The Institution main- tains a position of neutrality on issues of public policy. Interpretations or conclusions in Brookings publications should be understood to be solely those of the authors. Copyright © 2002 the miller center foundation All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without permission in writing from the Brookings Institution Press. To Assure Pride and Confidence in the Electoral Process may be ordered from the Brookings Institution Press, 1775 Massachusetts Avenue, N.W., Washington, D.C. 20036. Telephone: 1-800/275-1447 or 202/797-6258 Fax: 202/797-6004 Library of Congress Cataloging-in-Publication data National Commission on Federal Election Reform. To assure pride and confidence in the electoral process / report of the National Commission on Federal Election Reform ; Gerald R. Ford . . . [et al.], co-chairs. p. cm. ISBN 0-8157-0631-6 (paper ; alk. paper) 1. Elections—United States. 2. Election law—United States. I. Ford, Gerald R., 1913– II. Title. JK1965 .N38 2002 324.6′5′0973—dc21 2002020054 1 3 5 7 9 8 6 4 2 The paper used in this publication meets minimum requirements of the American National Standard for Information Sciences—-Permanence of Paper for Printed Library Materials: ANSI Z39.48-1992. Typeset in Sabon Text design and composition by Circle Graphics Columbia, Maryland Printed by R. R. Donnelley and Sons Harrisonburg, Virginia 0366-00 Federal Election/FM 2/11/02 14:47 Page v Contents 1 Letter to the American People 26 Voter Registration, Past 3 Preface to the Report and Present 5 Summary of Principal 28 A Better Way: Statewide Recommendations Voter Registration Systems I IV 17 The Goals of Federal 33 A Democratic Process That Election Reform Encourages Every Eligible Voter to Participate II Effectively 21 The Federal Government and 34 Provisional Voting the Federal Election System 37 “Same Day” Registration? 21 The Constitution’s 38 Improving Voter Allocation of Authority Participation 22 Presidential Elections and 39 Election Day Holiday the Electoral College 42 Military and Overseas 23 The Primary Role of State Voting Governments 43 Early, Remote, and Internet Voting III 45 Citizens with Criminal 25 A Democratic Process That Records Maintains an Accurate List 46 Ensuring the Voting Rights of Citizens Who Are Qualified of All Citizens to Vote 25 The Problem of Accurate Voter Lists v 0366-00 Federal Election/FM 2/11/02 14:47 Page vi vi Contents V 77 Endnotes to the Report 51 A Democratic Process That Uses Equipment That 85 Additional Statements Reliably Clarifies and 85 Concurring in Part and Registers the Voter’s Choices Dissenting in Part, 52 Very Close Elections by Christopher Edley, Happen—Often Joined by Leon Panetta, 52 Benchmarks, Not Mandates Deval Patrick, 55 Benchmarks Applied— Bill Richardson, The Forty Most Populous John Seigenthaler, and Counties Kathleen Sullivan 57 Standards for More 90 Concurring by Effective and Accessible Colleen C. McAndrews, Voting Technology Joined by Slade Gorton and Leon Panetta 92 Concurring in Part and VI Dissenting in Part, 61 A Democratic Process That by John Seigenthaler, Handles Close Elections in a Joined in Part by Foreseeable and Fair Way Griffin Bell 61 Objective Vote Definitions and Foreseeable Post-Election 96 Organization Procedures 96 About the National 64 Media Projections of Election Commission on Federal Results Election Reform 103 Organizing and Sponsoring VII Institutions 69 A Democratic Process That Reflects Limited but 105 Appendix A ResponsibleFederal Contributors to the Participation Commission’s Work 69 A Pattern of Neglect 70 Estimating and Allocating 113 Appendix B the Costs of Improvement The Michigan Qualified 73 The Federal Institutional Voter File: A Brief Role Introduction 74 Structuring Federal Legislation and Financial Assistance 0366-00 Federal Election/FM 2/11/02 14:47 Page vii Contents vii 119 Task Force on the Federal 217 Task Force on Constitutional Election System and Federal Election Law 120 Preface 219 Preface 121 Sizing the Problem 220 Federal Regulation of 130 Voter Registration Elections 151 Statewide Voter 339 What Counts as a Vote? Registration Systems 343 Recounts and Contests 157 Civic Education Programs 354 Congressional Authority to 163 Early Voting, Unrestricted Regulate When Votes Can Absentee Voting, and Be Counted Voting by Mail 180 Verification of Identity 186 Provisional Balloting 195 Disfranchisement of Felons 201 Uniform Poll Closing and Reporting This page intentionally left blank