02.28.02

Statement by U.S. Senator Maria Cantwell on S. 565, Election Reform legislation before the Senate

"Mr. President, I'd like to take this opportunity to commend Senators Dodd, McConnell, Schumer, and Bond for their dedication and diligence in addressing what I believe to be an issue of critical importance to our country - protecting voting rights and ensuring the integrity of the electoral system in our nation. Especially given the events in the world today, making certain that each citizen's vote is counted and promoting public trust and confidence in our election process is crucial.

"The State of Washington has a long and trusted history as a leader in election administration. Through great efforts and cooperation, the state has pioneered such programs as Motor Voter, provisional balloting, vote by mail, and absentee voting.

"I'd like to thank Senator Dodd, the Chairman of the Rules committee for his support for an amendment that I offered with Senator Murray's support that has been adopted. The amendment guarantees that states are able to continue using mail-in voting, while also providing new safeguards to make mail-in voters aware of how to properly fill out their ballots, and how, if needed to obtain a replacement.

"Voters in my state are proud of our system that offers voters the option of voting by mail or in the polling place, and they are extremely committed to seeing it continue. The mail-in ballot, in my opinion, offers voters several advantages. First, it allows voters to cast their ballots on their own time and at their own convenience. It also allows voters to make more informed choices, as they are able to consult literature sent by the state and by the campaigns in making their decisions. Because these votes are cast without the pressure of other voters waiting in line, or without the time crunch of being late to work or to pick up the kids, voters are also less likely to make mistakes that will disqualify their ballots.

"In addition, the mail-in system is very secure. Each ballot that is cast by mail requires, that the voter sign the outer envelope. This signature is then checked against the voters signature that is kept on file and only when there is agreement that the signatures match is the ballot counted. Washington state has consistently increased the number of voters choosing to vote by mail and through provisional voting without any allegations that these types of voting have involved fraud or other misconduct. In fact, the procedures in place have consistently ensured the integrity and security of our elections and led to public confidence in our system that is unparalleled anywhere in the country.

"It has not always been this way. In the early 1990s, we had several close elections that pointed out the vulnerabilities in our system. These close elections led Washington to become one of the first states to adopt statewide guidelines that ensured that each jurisdiction followed the same rules in determining how ballots are verified and counted. In addition, my state also adopted other requirements for testing and procedural consistency. It is my hope that this legislation will lead other states to follow our example and institute similar guidelines and procedures that will result in more people voting and making sure that all votes are properly cast and counted.

"Our challenge, at the federal level, is to ensure that in passing legislation that reduces hurdles to civic participation across the country, we respect the role of the states in selecting types of voting that work well for their citizens and lead to maximum participation. I believe that this bill as amended does that, and I'd like to thank the Chairman of the Rules Committee for his commitment to this bill and to ensuring that states have the flexibility to keep their systems in place.

"Mr. President, I would like to address one additional point. In drafting legislation, it is often very difficult to look to the future and anticipate the impact that legislation will have on new technologies. To truly reform the federal election process, this legislation must remedy the infirmities of the present system. However, it also must be forward-looking in its approach. It should welcome the implementation of new election technologies. The flexibility of this legislation to accommodate innovation will be the ultimate strength of federal election reform.

"I firmly believe that voting by computer, whether by internet or some other remote electronic system, is likely to happen in many states in the near future. In fact, Arizona has already held a party caucus in which voters were permitted to vote over the internet. At the same time, I believe that the security concerns are such that most states, mine included, are not yet ready to provide this option to voters.

"However, in the interests of looking to the future, I'd would like to seek clarification from the Chairman of the Rules Committee about how this legislation would affect internet or other forms of remote electronic voting.

Senator Cantwell: "Mr. Chairman, is it your understanding that the bill as it is currently written would not prevent states from offering voters the option of voting on by the internet, so long as the state could show that the internet voting system complied with the security protocol standards written by the new Election Administration Commission, and that the voting system also complied with the requirements of the legislation on accessibility for the disabled, providing an audit trail of ballots, and by providing voters a means to make certain they had not made a mistake?

Senator Dodd: "Senator Cantwell, I agree with you that very serious concerns remain about voting by internet. As you know, this legislation specifically requests that the new organization, the Election Administration Commission, study internet voting. I am looking forward to seeing what it learns. However, I hope very much that states will think very carefully before moving to internet voting, and will make sure that the security concerns are fully addressed.

"That said, the Senator is correct that nothing in this bill prohibits states from implementing voting on a remote electronic system like the internet, as long as the system is certified by the new Election Administration Commission, and complies with the other standards in the legislation.

"I agree with the Senator that it is important to welcome the development of new election technologies and it was my intent, and my cosponsors' intent to provide the states as much flexibility as possible to accommodate innovation while still implementing necessary minimum standards that will ensure that all our citizens' right to vote is protected.

Senator Cantwell: "Thank you Mr. Chairman. I appreciate all your efforts on this legislation, and I agree that this bill is drafted in a manner that will not limit the development and implementation of new election technologies so long as the new technologies satisfy security protocols and meet the requirements of the minimum standards. I also hope that this legislation will in fact spur the development of new election technologies that are more voter friendly and more cost efficient.

Thank you Mr. President.