[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1755 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1755
To enforce the guarantees of the first, fourteenth, and fifteenth
amendments to the Constitution of the United States by prohibiting
certain devices used to deny the right to participate in certain
elections.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 21, 1993
Mr. Penny (for himself, Mr. Hastings, and Mr. Gunderson) introduced the
following bill; which was referred to the Committee on House
Administration
_______________________________________________________________________
A BILL
To enforce the guarantees of the first, fourteenth, and fifteenth
amendments to the Constitution of the United States by prohibiting
certain devices used to deny the right to participate in certain
elections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Elections Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Voting participation in the United States is lower than
in any other advanced industrialized democracy.
(2) The rights of eligible citizens to seek election to
office, vote for candidates of their choice and associate for
the purpose of taking part in elections, including the right to
create and develop new political parties, are fundamental in a
democracy. The rights of citizens to participate in the
election process, provided in and derived from the first and
fourteenth amendments to the Constitution, having consistently
been promoted and protected by the Federal Government. These
rights include the right to cast an effective vote and the
right to associate for the advancement of political beliefs,
which includes the ``constitutional right . . . to create and
develop new political parties.'' Norman v. Reed, 502
U.S.______, 112 S.Ct. 699 (1992). It is the duty of the Federal
Government to see that these rights are not impaired in
elections for Federal office.
(3) Certain restrictions on access to the ballot impair the
ability of citizens to exercise these rights and have a direct
and damaging effect on citizens' participation in the electoral
process.
(4) Many States unduly restrict access to the ballot by
nonmajor party candidates and nonmajor political parties by
means of such devices as excessive petition signature
requirements, insufficient petitioning periods,
unconstitutionally early petition filing deadlines, petition
signature distribution criteria, discriminatory petition
signature fees, and limitations on eligibility to circulate and
sign petitions.
(5) Many States require political parties to poll an unduly
high number of votes or to register an unduly high number of
voters as a precondition for remaining on the ballot.
(6) In 1983, the Supreme Court ruled unconstitutional an
Ohio law requiring a nonmajor party candidate for President to
qualify for the general election ballot earlier than major
party candidates. This Supreme Court decision, Anderson v.
Celebrezze, 460 U.S. 780 (1983) has been followed by many lower
courts in challenges by nonmajor parties and candidates to
early petition filing deadlines. See, e.g., Stoddard v. Quinn,
593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of
Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party
of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986);
Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir.
1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568
(11th Cir. 1991).
(7) In 1992, 26 States still required nonmajor party
candidates for President to qualify for the ballot before the
second major party national convention (California, Colorado,
Connecticut, Delaware, Florida, Georgia, Illinois, Indiana,
Kansas, Maine, Maryland, Michigan, Missouri, Montana, North
Carolina, Nevada, New Hampshire, New Jersey, Oklahoma,
Pennsylvania, South Carolina, South Dakota, Texas, Washington,
West Virginia). Nine of these States required nonmajor party
candidates to qualify before the first major party national
convention (Florida, Georgia, Indiana, Maine, Michigan, Nevada,
North Carolina, Oklahoma, Texas).
(8) In 1992, nonmajor party candidates for President had to
obtain 806,401 petition signatures to be listed on the ballots
of all 50 States and the District of Columbia--32 times more
signatures than the 25,500 required of Democratic Party
candidates and 15 times more signatures than the 54,250
required of Republican Party candidates. To be listed on the
ballot in all 50 States and the District of Columbia with a
party label, nonmajor party candidates for President had to
obtain approximately 649,092 petition signatures and 79,136
registrants. In 1992, 32 of the 41 States that held
Presidential primaries required no signatures of major party
candidates for President (Arkansas, California, Colorado,
Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky,
Louisiana, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Nebraska, New Hampshire, New Mexico,
North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island,
South Carolina, South Dakota, Tennessee, Texas, Virginia,
Washington, West Virginia, Wisconsin). Only two States required
no signatures of nonmajor party candidates for President
(Arkansas and Louisiana; Louisiana, however, requires a $500
filing fee).
(9) The number of petition signatures required by the
States to list a major party candidate for Senate on the ballot
in 1992 ranged from zero to 15,111. The number of petition
signatures required to list a nonmajor party candidate for
Senate ranged from zero to 180,935. Thirty-one States required
no signatures of major party candidates for Senate (Alabama,
Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland,
Massachusetts, Minnesota, Mississippi, Missouri, Montana,
Nebraska, Nevada, New Hampshire, North Carolina, North Dakota,
Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West
Virginia, Wyoming). Only one State required no signatures of
nonmajor party candidates for Senate, provided they were
willing to be listed on the ballot without a party label
(Louisiana, although a $600 filing fee is required, and to run
with a party label, a candidate must register 106,146 voters
into his or her party).
(10) The number of petition signatures required by the
States to list a major party candidate for Congress on the
ballot in 1992 ranged from zero to 2,000. The number of
petition signatures required to list a nonmajor party candidate
for Congress ranged from zero to 12,252. Thirty-one States
required no signatures of major party candidates for Congress
(Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware,
Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana,
Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska,
Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma,
Oregon, South Carolina, Texas, Utah, Washington, West Virginia,
Wyoming). Only one State required no signatures of nonmajor
party candidates for Congress, provided they were willing to be
listed on the ballot without a party label (Louisiana, although
a $600 filing fee is required).
(11) Eight States required additional signatures to list a
nonmajor party candidate for President on the ballot with a
party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North
Dakota, Ohio, Tennessee). Thirteen States required additional
signatures to list a nonmajor party candidate for Senate or
Congress on the ballot with a party label (Alabama, Arizona,
Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North
Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States
(Ohio and Tennessee, respectively) required 5,000 signatures
and 25 signatures, respectively, to list a nonmajor party
candidate for President or Senate on the ballot in 1992, but
required 34,777 signatures and 19,759 signatures, respectively,
to list the candidate on the ballot with her or his party
label. One State (California) required a nonmajor party to have
78,992 registrants in order to have its candidate for President
listed on the ballot with a party label.
(12) In 1992 one State (Arizona) required nonmajor party
candidates for President or Senate to obtain 10,555 signatures
in 10 days, but allowed major party candidates for Senate 45
days to obtain approximately half that number of signatures,
and required no signatures of major party candidates for
President. Another State (California) required nonmajor party
candidates for President or Senate to obtain 134,781 signatures
in 105 days, but required major party candidates for Senate to
obtain only 65 signatures in 105 days, and required no
signatures of major party candidates for President. Another
State (Texas) required nonmajor party candidates for President
or Senate to obtain 38,900 signatures in 75 days, and required
no signatures of major party candidates for President or
Senate.
(13) Two States required all nonmajor party candidates to
pay fees of ten and five cents per petition signature, while
requiring no fees or signatures of major party candidates
(Florida and North Carolina, respectively).
(14) Seven States require nonmajor party candidates for
President or Senate to collect a certain number or percentage
of their petition signatures in each congressional district or
in a specified number of congressional districts (Michigan,
Missouri, Nebraska, New Hampshire, New York, North Carolina,
Virginia). Only three of these States impose a like requirement
on major party candidates for President or Senate (Michigan,
New York, Virginia).
(15) Twenty States restrict the circulation of petitions
for nonmajor party candidates to residents of those States
(California, Colorado, Connecticut, District of Columbia,
Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada,
New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas,
Virginia, West Virginia, Wisconsin). Three States restrict the
circulation of petitions for nonmajor party candidates to the
county or congressional district where the circulator lives
(Kansas, Nebraska, Virginia).
(16) Four States prohibit people who voted in a primary
election from signing petitions for nonmajor party candidates
(Nebraska, New York, Texas, West Virginia). Twelve States
restrict the signing of petitions to people who indicate intent
to support or vote for the candidate or party (California,
Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New
York, North Carolina, Ohio, Oregon, Utah). Five of these 12
States require no petitions of major party candidates
(Delaware, Maryland, North Carolina, Oregon, Utah), and only
one of the six remaining States restricts the signing of
petitions for major party candidates to people who indicate
intent to support or vote for the candidate or party (New
Jersey).
(17) Restrictions on the ability of citizens to exercise
the rights identified in this subsection have
disproportionately impaired participation in the electoral
process by various groups, including racial minorities.
(18) The establishment of fair and uniform national
standards for access to the ballot in elections for Federal
office would remove barriers to the participation of citizens
in the electoral process and thereby facilitate such
participation and maximize the rights identified in this
subsection.
(19) The Congress has authority, under the provisions of
the Constitution of the United States in sections 4 and 8 of
article I, section 1 of article II, article VI, the thirteenth,
fourteenth, and fifteenth amendments, and other provisions of
the Constitution of the United States, to protect and promote
the exercise of the rights identified in this subsection.
(b) Purposes.--The purposes of this Act are--
(1) to establish fair and uniform standards regulating
access to the ballot by eligible citizens who desire to seek
election to Federal office and political parties, bodies, and
groups which desire to take part in elections for Federal
office; and
(2) to maximize the participation of eligible citizens in
elections for Federal office.
SEC. 3. BALLOT ACCESS RIGHTS.
(a) An individual shall have the right to be placed as a candidate
on, or to have such individual's political party, body, or group
affiliation in connection with such candidacy placed on, a ballot or
similar voting materials to be used in a Federal election, if such
individual presents a petition stating in substance that the
signatories desire such individual's name and political party, body or
group affiliation, if any, to be placed on the ballot or other similar
voting materials to be used in the Federal election with respect to
which such rights are to be exercised, and
(1) with respect to a Federal election for the office of
President, Vice President, or Senator, such petition has a
number of signatures of persons qualified to vote for such
office equal to one-tenth of one percent of the number of
persons who voted in the most recent previous Federal election
for such office in the State, or 1,000 signatures, whichever is
greater;
(2) with respect to a Federal election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress, such petition has a number of signatures of persons
qualified to vote for such office equal to one-half of one
percent of the number of persons who voted in the most recent
previous Federal election for such office, or, if there was no
previous Federal election for such office, 1,000 signatures;
(3) with respect to a Federal election the date of which
was fixed 345 or more days in advance, such petition was
circulated during a period beginning on the 345th day and
ending on the 75th day before the date of the election;
(4) with respect to a Federal election the date of which
was fixed less than 345 days in advance, such petition was
circulated during a period established by the State holding the
election, or, if no such period was established, during a
period beginning on the day after the date the election was
scheduled and ending on the tenth day before the date of the
election, provided, however, that the number of signatures
required under paragraph (1) or (2) shall be reduced by \1/
270\th for each day less than 270 in such period.
(b) An individual shall have the right to be placed as a candidate
on, or to have such individual's political party, body, or group
affiliation in connection with such candidacy placed on, a ballot or
similar voting materials to be used in a Federal election, without
having to satisfy any requirement relating to a petition under
subsection (a), if that or another individual, as a candidate of that
political party, body, or group, received one percent of the votes cast
in the most recent general Federal election for President or Senator in
that State.
SEC. 4. RULEMAKING.
The Attorney General shall make rules to carry out this Act.
SEC. 5. GENERAL DEFINITIONS.
As used in this Act--
(1) the term ``Federal election'' means a general or
special election for the office of--
(A) President or Vice President;
(B) Senator; or
(C) Representative in, or Delegate or Resident
Commissioner to, the Congress;
(2) the term ``State'' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States; and
(3) the term ``individual'' means an individual who has the
qualifications required by law of a person who holds the office
for which such individual seeks to be a candidate.
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