Testimony of

Carolyn Jefferson-Jenkins, Ph.D., President
The League of Women Voters of the United States

Before

The Committee on Rules and Administration
United States Senate

June 27, 2001

Mr. Chairman, members of the committee, I am Carolyn Jefferson-Jenkins, president of the League of Women Voters of the United States.

I am pleased to have the opportunity today to express the League's support for speedy enactment of legislation to provide substantial federal assistance to improve the administration of federal elections in this country.

The League of Women Voters of the United States is a nonpartisan citizen organization with more than 125,00 members and supporters in all 50 states, the District of Columbia and the Virgin Islands. For more than 80 years, Leagues across the country have worked to educate the electorate, register voters and make government at all levels more accessible and responsive to citizens.

Mr. Chairman, many Americans were shocked by the problems in election administration that were exposed by the 2000 election. We in the League of Women Voters, however, were not surprised. Unfortunately, the kinds of problems we saw in 2000 are not unusual. They represent the harvest from years of indifference that has been shown toward one of the most fundamental and important elements of our democratic system - our election mechanisms.

Election 2000 demonstrated that election administration systems are in dire need of repair. Antiquated voting machines, ballot systems that confuse the voter, and insufficient numbers of machines requiring voters to wait hours in line illustrated the problems at the most basic level. In addition, poll worker training issues, reports of differential application of voter ID requirements and other civil rights concerns, chaotic absentee ballot procedures, purging practices, accuracy problems, standardization and consistency issues - all these point to fundamental and systemic problems.

The federal government provides no meaningful assistance to the state and local governments that pay for and administer federal elections. The League of Women Voters believes it is time for that wrong to be corrected. This is not only a question of equity among levels of government. It is also a fundamental issue of fairness for all citizens of the United States. Because election administration -- from the purchase of voting equipment to the training of poll workers -- has been underfunded, the fundamental rights of American citizens to vote, and to have their votes effectively counted on an equal basis, has been undermined.

Just as the federal government has relied on the states for the administration of federal elections, the states have frequently relied on local units of government for the administration of federal and state elections. With their own responsibilities for local elections, local governments are thus at the base of a large pyramid, carrying the load for local, state and federal elections. This system too often combines the greatest responsibilities with the least capacity to provide the needed financial and administrative resources.

We believe that the states must step forward to assist their localities and to provide greater consistency of administration. But the federal government has a large role to play, in our view, for two simple reasons. First, it should be the federal government's responsibility to pay its fair share for the costs of federal elections. And second, the right to vote must be guarded and enforced by the federal government because it is the most fundamental right in our national democracy.

In looking at election administration systems across the country one is struck by how diverse they are. Not only do they use different voting technologies. They operate at different hours, apply different qualifications for voters and have widely different administrative structures.

Our election administration systems also can be fragile. Look at the workforce on election day. It is made up of thousands upon thousands of temporary workers who, though they are typically paid a minimal amount, are really volunteers. Our democracy depends on these workers and we owe them a real debt of gratitude. The management issues that this workforce raises, however, related to training and control, are daunting. Any change in election systems will be dependent on these same workers for their efficacy. With diverse and fragile systems, we must tread carefully and wisely.

Many of the problems in election administration are problems of implementation rather than public policy. Old voting machines for which replacement parts are no longer made, requiring a process of cannibalization when they break down, simply need to be replaced. Maintaining voting machines to ensure that they function properly is another implementation issue. And educating poll workers and voters on how to use their voting technologies is also a management and resource issue.

Implementation issues have effects on real people, on voters from all backgrounds. But all too often these implementation issues have a disproportionate impact on minority voter participation.

There were reports from many states that the names of some citizens who registered to vote through their department of motor vehicles or other agencies were not listed at polling places, and so those citizens could not vote. This too is an implementation issue. The National Voter Registration Act requires that qualified citizens can apply to register to vote through those agencies, but states and localities evidently had problems fully complying with the act. We believe a statewide, computer-based voter registration list that is linked to registration agencies can make a significant improvement in that system. When precincts can be linked to the statewide, uniform system, it will work even better. But funding is an issue for such systems.

Because so many of the problems in election administration are ones of implementation, we believe it is essential that new legislation clearly requires full implementation of the Voting Rights Act, the National Voter Registration Act, the Americans with Disabilities Act and other similar laws in any federal grant program. These laws set basic policy needed to protect the voting rights of Americans. We need to ensure that they are fully enforced and that states and localities have the resources they need to achieve full and complete compliance.

I must emphasize the importance of achieving compliance with our nation's basic voter protection laws. The Voting Rights Act prohibits race-based discrimination in elections. The Act also provides for language assistance for citizens who otherwise would not be able to participate. Yet we still hear of local jurisdictions that lack the knowledge or resources to fully comply with the language assistance requirements of the law and of others that lack the administrative models and training to maintain the rolls in a nondiscriminatory manner.

The National Voter Registration Act provides for convenient and routine access to registration through driver's license agencies, public assistance agencies, agencies that serve people with disabilities, and through mail-in registration. It was designed to break down the bureaucratic obstacles that too often resulted in the disenfranchisement of American citizens. Historically, African-Americans, immigrants, low-income citizens of all races, people with disabilities and college students attending school away from home all have been excluded from the ballot through voter registration practices.

The National Voter Registration Act has been very successful. It has achieved significantly higher registration rates while, at the same time, cleaning the lists of duplicate registrations. But, as I mentioned before, some jurisdictions are not fully implementing the law. There are problems ensuring that all who apply to register to vote through the departments of motor vehicles will actually have their names transmitted to the correct polling place. Agencies serving people with disabilities are not always supplying voter registration services as the law provides. And there are too many reports of "fail-safe" voters, registered voters who have moved within a registrar's jurisdiction, turned away on election day because their names cannot be found on the list at the polls.

The inability of polling place officials in many locations to check the status of the voters on the official list must be addressed. Solutions, such as the low-tech use of provisional ballots or the high-tech use of laptop computers that provide access to the official list at polling places, need to be encouraged. Legally registered voters, including fail-safe voters, should never be turned away at the polls. Those who have properly applied to register should not be denied the opportunity to vote through administrative error or a failure to implement the law.

The problems that face our election systems are not only ones of implementation, however. Citizens with disabilities clearly need better protections to assure their access to the polls. Physical barriers still block access for many, including for those whose disabilities resulted from their service in our armed forces. Citizens who have trouble seeing do not have a full opportunity to vote independently and with a secret ballot.

Of particular concern are those practices that purge voters without the most basic procedural protections. Notice and the opportunity to correct errors are the most basic of safeguards and these should be provided to all voters who might be purged.

In addition, there are a wide variety of policy issues that could benefit from study and recommendation from a well-respected commission. Among these are felony re-enfranchisement issues, poll worker recruitment and training, and hours of voting. Uniform procedures for overseas voters also need attention to ensure that citizens in the military and others overseas can vote and have their votes counted.

As legislation is crafted, there are three key concerns we want to call to your attention. The legislation must have bipartisan support. There must be significant funding on an ongoing basis to ensure real progress. And Congress and the President must act quickly so that we can begin soon in making needed changes in election administration.

The League of Women Voters believes that election reform must be bipartisan not only because that will be necessary for enactment, though of course that is a vital issue when Congress is so evenly divided. Election reform must be bipartisan also because both major political parties need to show they will act in the best interests of all the people, without seeking partisan advantage in this very important area. We trust that election reform will not be used to seek the special enfranchisement, or disenfranchisement, of particular voters. We need to move ahead, through bipartisan cooperation, with solutions that will work for the American people.

Congress and the President must act to ensure that there are sufficient federal funds for election administration reform. A token effort will not be enough. The disparities in wealth and public revenues from jurisdiction to jurisdiction are bound to be reflected in a disparity of resources available for election administration procedures and voting technologies from one jurisdiction to the next. This disparity of funding results in a disparity of voting rights. The federal government has a special responsibility to ensure adequate funding to protect the voting rights of all Americans.

Quick and timely action is needed on election administration reform simply because it will be a big job and it is important to get started. It is also important for significant changes to come quickly because we want America's voters to have confidence in the systems through which they vote. An early demonstration of commitment will be incredibly important for public confidence, in our view. Finally, quick federal action is needed because states and localities are looking to Congress for help. There is an expectation of federal funds, and if federal action is delayed it runs the risk that states and localities may delay needed action to await funding.

At the same time, the League believes that the problems that developed over many years will take many years to address. We will learn as the process unfolds, so we should not be dissatisfied if the answer to every problem is not available now. Neither should we delay beginning until a perfect solution to each problem is developed. The League believes it is vitally important to get started, do the things that can be done now, and come back to difficult issues in succeeding years.

Just as there is a need for a substantial federal input of resources, it is important to ensure that money is well spent and that it supports, rather than undermines, the constitutional right of each American to vote.

Federal specifications to guide the expenditure of funds are important. Currently there are voluntary standards for voting machines that were developed by the Federal Election Commission (FEC). Unfortunately, some jurisdictions do not follow these voluntary standards and problems result. We believe it makes sense for there to be federal performance standards, or "best practices," to guide the expenditure of federal monies. We believe that performance standards can also provide needed direction in carrying out federal elections that are fair, accurate, and nondiscriminatory.

The League of Women Voters believes it is essential that there be clear standards to govern both the election administration reform program and the federal entity that administers federal grants. We believe that excessive discretion should not be lodged in any agency. Instead, the program and the agency must be guided by standards that require access and convenience for the voter, including voters with disabilities; accuracy, including safeguards for maintaining voter rolls; and nondiscrimination, including full participation for language, racial and ethnic minorities and people with disabilities. We also believe there should be opportunities for citizens to seek enforcement of program guidelines and standards.

The American political tradition, for better or for worse, is one where partisan advantage is often sought. Partisanship permeates our system, with election officials, those responsible for ensuring the fairness and balance in our election processes, often chosen in partisan elections. Because of this tradition, standards are necessary. The League of Women Voters strongly believes that these standards must focus on the voter - they must ensure that every citizen has an opportunity to vote and that every vote will count.

As the program for federal assistance is developed, broad input from diverse constituencies is needed. Election officials and other experts have a vital role to play, but additional views need to be heard as well.

We also believe it is important to move toward greater consistency and uniformity in the administration of elections. It is very troubling that some voters are more likely to have their votes count than others simply because of different error rates with particular voting machines or because of different systems for assisting voters at the polls. In addition to the need for protecting voters, however, consistency and uniformity are signs of well-run systems. A statewide system for maintaining and using voter registration rolls, for example, can reduce the errors that come from trying to administer multiple systems across a state.

The League is aware that a number of different proposals have been introduced in the Senate to improve voting technologies and election administration systems. We appreciate the efforts and attention of every Senator who has taken a lead in developing proposals, including you, Mr. Chairman, and Senator McConnell. We are also aware that we are still in a process where ideas are tested, new proposals are coming forward, and compromises can be achieved.

Based on the principles and concerns I have outlined here, the League of Women Voters supports the Bipartisan Federal Election Reform Act of 2001, S. 953, introduced by Senator McConnell and Senator Schumer. This is a bipartisan bill with a balanced approach to reforming our nation's election administration systems. It does not solve every problem, but it does provide a common sense approach to getting started on the job of fixing our federal election systems.

S. 953 has two key components. First, it establishes a five-year grants program, with an authorization for $500 million per year. This funding is a significant commitment.

The second key component of the bill is that it requires compliance with basic voter protections, including but not limited to the Voting Rights Act, the National Voter Registration Act and the Voting Accessibility for the Elderly and the Handicapped Act. It also sets new requirements for disability access and accurate voter lists, and provides for provisional voting and for voter education. We believe it will achieve an important step forward in fulfilling the promise of American democracy.

S. 953 also establishes a limited-term, bipartisan study commission to review and make recommendations on the administration of federal elections. In addition, it provides for "best practices" performance standards for methods of voting and administering elections, based on clear criteria, as a condition for grant eligibility.

In summary, the League of Women Voters believes that Congress and the President must act, and that the voter should be the central concern in any legislation. A new and substantial federal grants program to assist in reforming voting systems should be created. Clear federal guidelines are needed. Legislation must not undermine existing protections for voters and must be sensitive to civil rights concerns. And the legislation must be able to achieve majority political support in an evenly divided Congress.

Today, this country has the technology and financial means to ensure that our diverse and growing population enjoys the most accurate, accessible and nondiscriminatory voting system in the world - one that every American could have confidence in and be proud of. This Congress has the means and the opportunity to pass legislation that would provide the financial assistance and guidance necessary to achieve that goal.

We thank you for your attention, and look forward to working with you on this vital issue.