text: 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.
target: Fair Elections Act of 1993 - Sets forth ballot access rights for Federal elections.
feat_title: Fair Elections Act of 1993