article: 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.
summary: Fair Elections Act of 1993 - Sets forth ballot access rights for Federal elections.