HOUSE of REPRESENTATIVES-Wednesday, January 29, 1986 the House Met at 3 P.M

January 29, 1986 CONGRESSIONAL RECORD-HOUSE 657 HOUSE OF REPRESENTATIVES-Wednesday, January 29, 1986 The House met at 3 p.m. Capitol as well as Annie's friendly and naut candidate by NASA in January The Chaplain, Rev. James David gracious manner. 1978. I remember going to the Island Ford, D.D., offered the following I'm sure I can speak for all my col of Hawaii, Ellison's birthplace, to prayer: leagues when I say that Annie will be inform his mother, Mrs. Mitsue Oni As the Nation struggles with the sorely missed. However, I also know zuka, of the great news. Rarely have I sorrow of yesterday and the families that we all wish her well in her much seen such display of jubilation and of the astronauts know the intensity deserved retirement back to Cape Cod pride as at that moment. Mrs. Onizuka of grief and pain, we ask You, O gra with her husband Bill. Good luck knew that, for Ellison, this was greater cious God, to hear our prayer. We Annie, and thanks for all your hard than any dream ever imagined. For pray not for easy answers to perplex work and dedication on behalf of the years, Ellison had idolized astronauts, ing questions, but we pray that Your U.S. Congress. abiding presence will help heal the and he fancied the thought of some hurt and Your spirit will give day being involved in the Space Pro strength. We are reminded that we do CHRISTA McAULIFFE gram, in any capacity. not have in this world an abiding city, crews. After 6 more years of training, and will never depart from us. We Mr. GREGG. Mr. Speaker, this is a on January 24, 1985, Ellison saw his pray especially for the families whose period of immense loss for America. In greatest dream come true as he joy has been turned to mourning. New Hampshire, we are stunned, became a member of of the Discovery Bless them and comfort them, and thinking of the lives of the crew, but mission. During the mission Ellison give to each of us a new awareness of especially Christa. was responsible for the primary pay Your providence and Your everlasting Concord is a small city; New Hamp load activities, which included the de grace. In Your name, we pray. Amen. shire is a small State. A community ployment of a modified inertial upper really. Christa was our friend, our stage CIUSJ. And, with the completion THE JOURNAL neighbor, and our source of pride. Our of Discovery's 48 orbits of the Earth love goes out to Steve and her chil before landing at Kennedy Space The SPEAKER. The Chair has ex dren. Center on January 27, Ellison logged a amined the Journal of the last day's Christa represented so many things total of 74 hours in space. proceedings and announces to the that have come to characterize our I was fortunate to have been in at House his approval thereof. small State and our great Nation. Her tendance at the launching of that ex Pursuant to clause 1, rule I, the energy, her enthusiasm. Her belief in Journal stands approved. citing voyage, and with the Onizuka challenging the unknown, her concern family and a host of well-wishers, I for others, especially for students. She shared in the historic moment. MESSAGE FROM THE SENATE was extraordinary and yet typical of For the people of Hawaii, and espe A message from the Senate by Mr. our land and our history. A mother, a cially for the children, Ellison became Sparrow, one of its clerks, announced wife, a teacher, a seeker of the future. a hero. He was the first Hawaiian as that the Senate had passed without We will miss her entirely, but we will tronaut in the history of the Space amendment a concurrent resolution of not forget those qualities and dreams Program, and in this role, he inspired the House of the following title: which she and the rest of the shuttle and motivated all. Ellison hardly gave H. Con. Res. 274. Concurrent resolution crew so personified. She lived as our up a chance to speak of his experi providing for a joint session of Congress to neighbor, and yet she defines our ences, and often took time to visit receive a message from the President on the Nation. local schools. State of the Union. Last September, Ellison honored me IN HONOR OF A GREAT SPACE by appearing on my monthly talk RETIREMENT OF ANN CATON PIONEER, LT. COL. ELLISON S. show. We talked of his first mission, minute and to revise and extend his had even imagined it would be. I recall Mr. MOAKLEY. Mr. Speaker, it is remarks.) asking him if there was a single sensa my honor today to announce the re Mr. AKAKA. Mr. Speaker, so much tion which he had not experienced in tirement of Ann Caton from the U.S. has already been said, and so eloquent simulation exercises. He said that the Capitol Guide Service. Annie has given ly, of yesterday's space shuttle trage few seconds at liftoff were the worst. 25 years of dedicated service as a Cap dy. Nevertheless, I would like to share The crackling, crunching sound result itol tour guide, sharing with people a few thoughts with you this morning, ing from those thousands and thou from all over the country and the for Challenger's loss, a major tragedy sands of pounds of rocket force left world her knowledge and experience for our country, is a personal one for him with the feeling that the entire of our Nation's legislative branch of me. A man I am honored to have vessel was about to cave in. That was Government. During her 25 years on known, Lt. Col. Ellison S. Onizuka, the worst part. Capitol Hill approximately 80 million was one of the seven who so valiantly This weekend, at Ellison's invitation, people have visited the Capitol, many gave their lives for the benefit of our I planned to go to Houston to share in of whom are my own constituents and country and the world. homecoming festivities. Friends and have personally conveyed to me how I was yet a newcomer to Congress family were to arrive from distant much they enjoyed their tour of the when Ellison was selected as an astro- Hawaii, laden with foods that Ellison

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 658 CONGRESSIONAL RECORD-HOUSE January 29, 1986 so loved, in honor of his triumphant Mr. LEVINE of California. Mr. guerrillas, he strongly deserves our full sup return. Speaker, our Nation suffered a devas port. We shall not share in such festivities tating and tragic loss yesterday. Words together. Instead, with Ellison's death, cannot express the sorrow that I know we shall share a deep sense of loss. I every one of us in this Chamber feel, BENEFITS FOR SURVIVORS OF grieve for Ellison, and my thoughts and every one of us in this country NEWFOUNDLAND AIR CRASH are with his wife, Lorna, his children, feel. to the light which Ellison has left us. pounded if we were to listen to those Mr. MONTGOMERY. Mr. Speaker, This great space pioneer, who so will inevitable voices of timidity and fear today I would like to speak of another ingly lived his lifelong dream, is a who call for an end to our manned tragedy. I want to update my col symbol of perseverance and strength. space program. If we were to allow the leagues on the status of GI life insur Ellison shall forever live in our hearts deaths of these seven American heroes ance payments to survivors of the and our memories. We do him justice to weaken our commitment to explor only through our actions and through service men and women killed Decem ing outer space, they surely would ber 12 in the Newfoundland plane our continued support of the work have died in vain. which he so loved. Ellison best exhibit crash. Mr. Speaker, now is the time to re I have been advised that all but one ed his commitment when he said, member President John F. Kennedy's "There are a lot of outcomes of these of the 248 servicemembers who died words in his 1961 State of the Union were covered by this insurance. For projects which will benefit both our Address when he said: society and the rest of the world." some reason, that individual soldier Now it is time for a great new American had declined, in writing, to participate Let us never forget this great man. enterprise which may hold the key to our But, more importantly, let us never future on Earth. The eyes of the world now in the insurance program. forget what he truly valued, the bet look into space to the Moon and the planets The Veterans' Administration has terment of society and the rest of the beyond. We have vowed that we shall not told me that 180 claims have been ap world. It is up to us to ensure that see it governed by a flag of conquest, but by proved, 12 cases are being developed even in his death Ellison's vision lives a banner of freedom and peace. We have and the remaining beneficiaries have on. vowed that we shall not see space filled with not yet returned claim forms. Each weapons of mass destruction; but with in claim is being paid the day after re struments of knowledge and understanding. ceipt of the application. THE ATTITUDE OF THE Yet the vows of this Nation can only be ful In November, you may recall, we SANDINISTA REGIME filled if we are first. passed H.R. 505, which included an in doran guerrillas to this tragedy. Radio SPACE SHUTTLE TRAGEDY Mr. DANNEMEYER. Mr. Speaker, Venceremos, the F.M.L.N. radio sta eral tax revenues of $500 billion. This casts out of Managua, gave a report Mr. BROOMFIELD. Mr. Speaker, as we, and is 40 percent of the general revenue early this morning on the space shut all decent people mourn yesterday's tragic na funds. In other words, 40 cents of tle tragedy. I quote: tional loss, I am angry and shocked that every tax-dollar collected will be spent, Given that the Challenger's ostentatious anyone could find joy in the terrible accident. not by this Government, but by its failure represents an overwhelming blow to While our country and the world mourn, the creditors. Moreover, as the Congres the U.S. Government's plans to extend the war to outer space and given that two war Communist terrorist rebel radio in El Salvador sional Budget Office projections show, criminals have died aboard the Challenger, stooped to an all time low in expressing its this ratio will rise to 48 cents of every we share the happiness felt by those who "happiness" over this incident. tax-dollar collected in 1990. I wish to reject and condemn the U.S. imperialism It is important to note that this crude and in remind the House, Mr. Speaker, that war-mongering policy. sensitive statement was made by a Commu under the gold standard, debt-servic That represents the attitude we face nist umbrella group which claims to represent ing typically cost 3 cents of the tax with the Salvadoran guerrillas and the peace and the Salvadoran people. How could dollar collected. Sandinista regime in Managua guiding any group which claims national aspirations Gramm-Rudman, for all its massive them. dare to vilify the names of dedicated men and spending cuts, will not be able to women who gave their lives in the exploration change this outrageous ratio substan of space tially, because no substantial reduc OUR GREAT HEROES DID NOT It is also important to compare this Commu tion in the cost of debt-servicing is en DIE IN VAIN nist guerrilla group, which aspires to represent visaged. Unless something more imagi lions of dollars of profits from the de THE SPACE SHUTI'LE layed funds, are now demanding a va Mr. NELSON of Florida. Mr. Speak riety of new powers as a quid pro quo of title 6 (f) and (i) of rule X, and without ob D 1539 jection, the Chair appoints the gentle 10, United States Code, the Chair ap man from South Carolina [Mr. points as members of the Board of IN THE COMMITTEE OF THE WHOLE SPENCE] as an additional minority Visitors to the U.S. Air Force Academy Accordingly the House resolved member of the Select Committee on the following Members of the House: itself into the Committee of the Aging. Mr. DICKS of Washington; Whole House on the State of the There was no objection. Mr. WIRTH of Colorado; Union for the consideration of the bill Mr. KRAMER of Colorado; and , simply shut down when its people would vote best. administrators. Of course, the cost of elec they felt like it. Imagine the resulting chal In other States where they want to tion day itself will increase by many thou lenges and litigation when presidential can stay open longer, the States do so, and sands of dollars to pay election personnel didates find out that the polls did not stay seem to get along with it very well. In and those indirectly involved such as custo open until the appropriate hour in some this bill, we are doing social tinkering dial and law enforcement staff. Finally, the cases. with the most precious right of the people of Maine will have to wait until the There will certainly be a financial impact American people, that is, the election wee hours of the night to receive election on our municipalities, already overburdened results through news media reporting while by the loss of revenue sharing and increased franchise. In order to satisfy a few those in the West should have their results costs. I also think it will be difficult to re people on the west coast, we are going by late evening. Confusion, error, cost and cruit poll workers on a weekday evening to to change radically the closing times inconvenience would be the fruits of such a stay any later than they already do. of many of our other States, and in Federal mandated policy. I believe that the only answer to the prob some cases, in the extreme cases, A few more comments on the motivation lem of early projections is for the networks which are Indiana and Kentucky, behind this effort. While I agree that the to recognize their responsibilities not to there will be a change in the voting impact of news concerning voting behavior interfere with the sanctity of the voting hours by as many as 2 to 3 hours. in the East affects the decision of many booth and stop doing it. voters in the West about whether to vote, I Thanks again for your efforts on behalf of The CHAIRMAN. The time of the do not believe that this information should those of us out here in the trenches. gentleman from Minnesota CMr. FREN be restricted. Advocates of such restrictions Best wishes. ZEL] has expired. apparently believe that the western voters Sincerely, Mr. THOMAS of California. Mr. will not make the "right" decision about JAMES H. DOUGLAS, Chairman, I yield 2 minutes additional whether to vote, go fishing or read a good Secretary of State. to the gentleman from Minnesota. book. I personally resent the Government, Mr. FRENZEL. I thank the gentle or a "voluntary'" effort by the great com MAY 21, 1985. man for yielding further. munication companies, withholding infor Hon. JAMES M. JEFFORDS, mation on any matters except on a true na House of Representatives, Mr. Chairman, as I was saying, the tional security basis. Rayburn House Office Building, voting hours will be increased by as There is a "foot-in-the-door" aspect of Washington, DC. many as 2 to 3 hours, 2 hours in Ala this that also appears dangerous to me. The DEAR JIM: The papers lead me to believe bama, Georgia, South Carolina, Vir highly scientific and accurate national that several proposals to establish uniform ginia, Vermont, Florida, and Mississip public opinion polls are probably a better polling hours throughout the country are pi; increasing by 1 hour in another 15 source about the outcome of an election now being considered with some seriousness or so States. Those States did not than are the disjointed "projections" of the by the Election Subcommittee of the House want to have that burden laid on national television networks. Will these Administration Committee. I feel compelled polls also be blacked out days or weeks to write you my personal opinion of such them. They are right. before an election? proposals. When we are in the full House, Mr. Even more outrageous, these reports, pro The problem the legislation seeks to Chairman, I shall ask to make a part jections or polling results are only educated remedy is very serious. The major television of this RECORD letters which I have, opinions about the results of an election. networks consistently announce their pro and a resolution, from a large number Are we going to restrict not only informa jections of Federal elections, based on exit of State election officials asking that tion but opinion as well? polls and other statistical data, in advance the Congress not go through with this In summary, this attempt to manage of the closing hours of West Coast States, in folly, not force this way of voting public information is misguided, unneces many cases causing people who would other sary, an infringement on the citizens right wise exercise the voting franchise to tum down their throats, not amend State to know and an undue burden on election around in their cars and return home rather laws at the whimsey of Congress. administration in the East. than participate in an election already de Those letters and resolution follow: Sincerely, termined by other voters. Nothing kills the STATE OF MAINE, JAMES S. HENDERSON, incentive to vote faster than the thought DEPARTMENT OF STATE, Deputy Secretary of State. that your vote won't make any difference. Augusta, ME, January 24, 1986. The uniform polling hour proposals would Hon. BILL FRENZEL, December 26, 1985. establish 11:00 p.m., 10:00 p.m. or perhaps Longworth Building, Hon. BILL FRENZEL, 9:00 p.m. on Sundays, as the hours polls Washington, DC. U.S. Representative, House of Representa would close in the East. DEAR REPRESENTATIVE FRENZEL: Good luck tives, 1026 Longworth Building, Wash Imagine the impact of this proposal on in your attempt to derail H.R. 3525. ington, DC. Vermont elections. Poll workers would be Uniform poll closing times, in my opinion, DEAR MR. FRENZEL: Thank you for your forced to delay the process of beginning to are a bad idea and are responding to an eli letter of December 19. Like you, I strongly count ballots from the present 7:00 p.m. to test view of what is "good for the people". oppose H.R. 3525, the Uniform Poll Closing the hour they normally complete the proc In addition, it would impose a hardship in Bill. I appreciate your leadership in trying ess today. Sunrise will become a normal part terms of our polling hours, especially. if to prevent its enactment. of the experience of working at the polls; indeed we would have to remain open until I'm enclosing the testimony I submitted to exhaustion and resulting bad counting pro late in the evening. the Subcommittee and a copy of my letter cedures will become the standard; recounts Our current law requires polls to be closed to Congressman Jeffords, which outlines and contests will increase many fold. As at 8 p.m. A delay in this time by one hour some of my concerns. most towns offer a modest compensation to will have several unfortunate consequences. Vermont relies principally on paper bal their election workers, the cost to our mu First, it will create different closing times lots, and it's often well after midnight nicipalities will increase. for Federal and nonfederal elections. Essen· before some of the larger towns complete The proposal doesn't make sense to a tially this will mean that local elections and their counting on election night. An extra state like Vermont where more than three- 666 CONGRESSIONAL RECORD-HOUSE January 29, 1986 quarters of all voters vote by paper ballot, has been stretched to the limit to pay for close at 6:00 p.m. After considerable study, where all but a dozen communities need to necessary local services such as education, the Task Force recommended an extension recruit election workers to sort and count longer hours of voting will force municipali of one hour to the closing time or 7:00 p.m. paper ballots, often into the wee hours of ties to pay more for poll workers, thus To be more specific, Mississippi, has ap the morning. straining local resources even further. proximately 49 counties utilizing paper bal I have no objection philosophically to a The problem that gives rise to the propos lots. After the polls close in these counties, uniform poll closing hour. Our Nation has al to establish uniform polling hours origi poll workers must hand tally the votes. changed dramatically since the framers of ·nates with the news media, principally the They are paid $40 per day for their services. our constitution first designed the demo national news networks. It is their competi The consensus of the Task Force was not to cratic system where all voters were on the tion to be first with the announcement of recommend that the polls remain open East Coast and news traveled very slowly. who has won an election that has made vic longer than twelve hours. Certainly, an in The problem with this concept is its practi tims of voters in the West and that now crease in polling hours would necessitate a cal effect on Vermont. I would have no ob threatens to disturb the well-oiled election salary increase. jection if all polls in America closed at 7:00 process we have developed in other parts of Also for your information, Mississippi is p.m. Eastern Standard time, but I realize the country through this ill-advised federal governed by the provisions of the Voting that this would have an obvious undesirable ization of the election process. Rights Act. The United States Justice De effect out West. Article I, Section 4 of the Constitution of partment will have to approve any change I've served for several years on the com the United States guarantees the right of to amend our present election statutes. mittee for the National Association of Sec the states to prescribe the times, places and In conclusion, thank you for giving me the retaries of State which has considered a va manner of holding elections for Senators chance to respond to this matter. I am riety of aspects of this problem. We've met and Representatives. While that section re hopeful that my letter will give you insight several times with network executives and serves a residual right of Congress to make into the voting procedures of this State. I have, very frankly, failed to arrive at a mu or alter such regulations, it seems clear that will follow with interest the progress of this tually satisfactory approach. I personally the purpose of this residual right was to re Bill. continue to believe that the best solution to serve to the federal government "a right to Sincerely, the problem is voluntary restraint on the interpose. whenever extraordinary circum NANCY SULSER, part of the national networks. stances might render that interposition nec Special Projects Officer. A proposal now pending before the House essary to its safety." Hamilton, Federalist would have a serious adverse effect on the 59. DECEMBER 31, 1985. procedures for conducting elections in Ver Here is no national emergency caused by Hon. BILL FRENZEL, mont, and I hope you will seek a more satis the states, but a problem caused by the Longworth Building, factory solution. media. Here is a bitter medicine being Washington, DC. Thank you and best wishes. forced down the throats of the states, when DEAR CONGRESSMAN FRENZEL: I appreciate Sincerely, the disease is manifest in the behavior of your letter of December 19, 1985 concerning JAMES H. DOUGLAS. television reporters. The medicine is worse uniform poll closing in Presidential Elec than bitter: it may well cause as great harm tions. I, too, have concerns with this legisla UNIFORM POLLING HOURS TESTIMONY OF to existing election systems as the ill it tion since it is an intrusion into the state's HON. JAMES H. DOUGLAS, VERMONT SECRE seeks to cure. ability to run elections. TARY OF STATE BEFORE THE U.S. HOUSE SUB What price must we pay to protect the Currently in Virginia, polls open at 6:00 COMMITI'EE ON ELECTIONS award given to the network that breaks the a.m. and close at 7:00 p.m. The officers of The question of how to prevent the news news first? elections are already working very long of election results from affecting the results We do not object to solutions to the prob hours and extending the close of the polls of elections is one that troubles election of lem which leave our system intact. We do by two hours I believe is an undue hardship. ficials across this country. While the State object to proposals which will set the clos In many cases it means the results would of Vermont has not seen the loss of turnout ing hours of polls in the East at hours later not be complete until well after midnight. due to early reporting of returns that Wash or earlier than 7:00 p.m. Earlier closing That, I am afraid, would lead to many more ington and California have, we all suffer hours will disenfranchise working people errors in the tabulation of results. when elections are affected by factors other who traditionally vote on the way home As to changes in state law, I am not sure than the strength of candidates and their from their place of business. Later closing how Virginia's General Assembly will ad positions on the issues. The State of Ver hours will affect the reliability of the vote dress the additional hours. They have sever mont does have a direct interest, however, counting process. al options: in the matter of uniform polling hours, if We can only hope that Congress will make 1. Do nothing and require the officers to the "solution" offered to solve a national no precipitous decisions until all alterna serve longer hours. problem interferes with the conduct of elec tives have been explored and all the conse 2. Open polls later in the morning. tions in the Green Mountain State. quences of their actions have been consid 3. Develop shifts for officers to serve Vermont elections are conducted princi ered. Elections are delicate mechanisms, which would require additional personnel. pally by volunteers. These devoted citizens easily damaged by slight changes in routine. If I can answer further questions or assist usually work from 15 to 20 hours on election Please remember this, before making the you in any other way in this matter, please day, checking voters in, explaining the lives of dedicated election officials more dif contact me. voting process, and counting votes from ficult by a uniform poll closing bill such as Sincerely, paper ballots by hand until the small hours that proposed by Mr. Guarini. SUSAN H. FITZ-HUGH, of the morning. Fully three-quarters of Ver Thank you. Secretary. mont voters still use paper ballots; only a dozen cities and towns have voting ma JANUARY 8, 1986. DECEMBER 27, 1985. chines, where the tabulating can be done Hon. BILL FRENZEL, Hon. BILL FRENZEL, quickly. All polls now close in Vermont at Longworth Building, U.S. House of Representatives, 7:00 p.m., but most election officials seldom Washington, DC. Washington, DC. finish before midnight, given the need for DEAR CONGRESSMAN FRENZEL: I read with DEAR CONGRESSMAN FRENZEL: Thank you ensuring an accurate tallying of checklists, interest your letter concerning H.R. 3525, for your letter of December 19, 1985, regard count of votes, and completion of returns. the Uniform Poll Closing Bill. I wish to ing H.R. 3525, the Uniform Poll Closing Bill. Our experience shows that the longer the state that while I agree with the theory of I agree with your evaluation of the bill time needed for winding up the election, the uniform closing so as not to discourage and the lack of effect it will have on in more likely we will find errors and -mistakes voting, some provisions of this Bill would creased voter participation. Utah's polls are in the final outcome. This is not intended to pose problems in Mississippi. presently open from 7:00 a.m. until 8:00 p.m. be a negative reflection on Vermont poll In June of 1984, Dick Molpus, the Secre on election day. H.R. 3525 would close our workers, but rather a realistic assessment of tary of State, appointed a twenty-five polls one hour earlier, which would have a the limits of human stamina. Election offi member Task Force to study and evaluate greater negative impact on voter participa cials do an incredible job, with very few the present election laws. As a result, an tion than would any media information re problems, but if you saddle them with two election bill will be introduced during the garding vote trends from the east. or three more hours of work before the 1986 Legislative session calling for a compre Election procedure has traditionally been polls close, you are asking the impossible hensive revision of these statutes. One of a state responsibility. Utah has a history of from them. the recommendations of the Task Force was being one of the leaders in voter participa Consider also the fiscal impact on cities the extension of polling hours. At the tion. Our elections have also been fair and and towns. At a time when the property tax present time, the polls open at 7:00 a.m. and lacking in fraud. We feel that H.R. 3525 January 29, 1986 CONGRESSIONAL RECORD-HOUSE 667 would be an unnecessary infringement on some areas to recruit additional poll work tween television networks as keen as it is our right and responsibility to conduct elec ers. and exit polling techniques becoming in tions in a way that provides the greatest 3. Would any of the proposals require dif creasingly more sophisticated-it is probable benefit to our people. ferent locations for precinct polling places? that the contest to see who can call the elec We hope that when this bill is brought up Possibly so, but not to any great extent tion first would continue even with uniform for discussion it will be soundly defeated. with the exception of Sunday voting. We national polling hours and a nonbinding Sincerely, use many churches in South Carolina as agreement between the networks in place. DAVE HANSEN, voting places and they would be unavailable At a minimum, the legislation should refer Deputy Lieutenant Governor. on Sundays. ence the agreements with the networks and 4. Based on your own local circumstances, automatically release all states from uni OCTOBER 25, 1985. would you recommend that Congress pass form hours if and when the networks vio Hon. BILL FRENZEL, any of the following bills? late the agreement. Hon. BILL THOMAS, A. Twenty-four hour voting: Yes-No X. In summary, while I am anxious to help Committee on House Administration, B. Sunday voting: Yes-No X. Washington, DC. C. Opening and closing times set by Feder work toward a solution to the problem pre DEAR REPRESENTATIVES FRENZEL AND al Election Commission: Yes-No X. sented by the early projection of presiden THOMAS: Thank you for the opportunity to D. Uniform closing times-1. What hour tial election results, I feel that alternative comment on election proposals currently would be best for you?-p.m.: Yes-No X. solutions to the problem should be ex being considered by the Subcommittee on Name: James B. Ellisor. plored. Two possible solutions that would Elections of the House Administration Com State: South Carolina. not be disruptive to polling hours currently mittee. I am sorry for the delay in answer in place across the country would be a fed ing your inquiry; however, I have been in MICHIGAN DEPARTMENT OF STATE, eral prohibition enforced by the Federal the hospital and only recently returned to SECRETARY OF STATE, Communications Commission against the my office. Lansing, MI, October 10, 1985. broadcast of election returns before 10 or 11 Enclosed is the completed questionaire Hon. BILL FRENZEL, p.m. or a requirement that television net which you requested comments concerning. Hon. BILL THOMAS, works blackout projections in a time zone In addition, based upon my experience in Congress of the United States, House of Rep until the polls close in the region. elections as director of the State Election resentatives, Washington, DC. I thank you for giving me the opportunity Commission for the past 20 years, I should DEAR CONGRESSMEN FRENZEL AND THOMAS: to offer my comments on this issue. like to make a suggestion to your committee Secretary of State Richard Austin is con for a solution to the problem we are experi cerned with the effect of the early release Sincerely, encing in the times the polls close on the and projection of presidential election re CHRISTOPHER M. THOMAS, east coast in presidential and vice presiden turns and believes that this significant prob Director of Elections. tial elections. It would cause a great deal of lem rightfully deserves the attention of the disruption, additional work and expenses to Congress. Mr. Austin has asked me to the states on the east coast to require them convey to you his concerns on this issue and QUESTIONNAIRE to work additional hours on election day or on the legislative proposals now being con to change the voting hours to open later sidered. Please complete and return to: Hon. Bill and close later in the election day although I have three concerns with the proposed Frenzel and Hon. Bill Thomas, Committee the actual working hours are not increased. uniform poll closing changes that would on House Administration, H-326, The Cap It would seem to me that a more workable result in Michigan from the legislation en itol, Washington, D.C. 20515 solution to this problem would be a federal closed with your letter. precinct inspectors be appointed to each officials in the east to maintain the same additional cost burden could not be justified precinct. Punch card voting systems require voting hours; to go ahead and begin count unless it could be demonstrated that the four <4> precinct inspectors. Generally, pre ing the ballots for president and vice presi two or three hour polling period extension cinct inspectors are paid between $50-$80 dent; but it would prevent them, by law, would result in an increase in voter turnout per day. from publicly disclosing these results to levels. Secondly, by shifting the opening of 2. Would any of the bill require additional anyone, including the media, until such Michigan's polls to 8 a.m., one of the busiest poll workers in your state? If yes, approxi time as the polls close in all other States. voting hours in the state would be lost <7 mately how many more? Would there be a If you or your committee would like to dis a.m. to 8 a.m.). Finally, an 11: p.m. poll clos problem to recruit the additional poll work cuss this matter with me further, I would be ing would mean that the majority of Michi ers? happy to meet with you. gan's percinct workers would not complete H.R. 348, H.R. 622, H.R. 640, and H.R. Yours very truly, their end-of-day duties until 1 a.m. and in 1759 will require additional precinct inspec JAMES B. ELLISOR, some cases, 2 a.m. I view this as an extreme Executive Director. ly late hour for precinct workers who have tors. The election work day now is 6:30 a.m. reported for duty at 6:30 a.m. During the to midnight. Any additional time require QUESTIONNAIRE final hours of the day, when highly detailed ment will require a split shift-doubling the Please complete and return to: Hon. Bill precinct reports must be completed, fatique number of workers. it would not be feasible Frenzel and Hon. Bill Thomas, Committee would be great-increasing the chance for to pay less than $50 even on a split shift and on House Administration, H-326 The Cap inaccuracies in the reports. Clearly a second still recruit sufficient number of workers. itol, Washington, D.C. 20515 shift of precinct workers would have to be Our cost would double. Recruitment is a 1. Please list the number of officials re brought in to cover the latter half of an 18 problem now and these bills would definite quired by state law to work in each precinct to 19 hour day. I question whether many of ly increase the problem. on election day. What is the amount of com our local clerks are prepared to cope with a 3. Would any of the proposals require dif pensation for each official? sudden doubling of their precinct staffing ferent locations for precinct polling places? Three officials for each 500 registered needs, a significant increase in costs and No. voters or portion thereof in each precinct. training and a more difficult recruiting task. 4. Based on your own local circumstances, For example, if there are 650 registered A further concern is that the proposed would you recommend that Congress pass voters in a precinct, the law requires six of legislation does not compel the media to any of the following bills? ficials. Each official receives a minimum of withhold election projections until the polls A. Twenty-four hour voting: Yes-; No X. $50 for the election. are closed. While I understand that most of B. Sunday voting: Yes-; No X. 2. Would any of the bill require additional the networks have agreed to withhold pro jections as long as all of the networks C. Opening and closing times set by Feder poll workers in your state? If yes, approxi al Election Commission: Yes-; No X. mately how many more. Would there be a adhere to the agreement, the recent and problem to recruit the additional poll work continuing proliferation of new networks D. Uniform closing times-1. What hour would be best for you? 9 p.m. ers? reduces the likelihood Longer hours would require additional that an agreement of this sort would work Name: Christopher M. Thomas. poll workers and it would be difficult in in actual practice. With the competition be- State: Michigan. 668 CONGRESSIONAL RECORD-HOUSE January 29, 1986 STATE OF MISSOURI, my opinion, adjusting those election times STATE OF TExAs, OFFICE OF SECRETARY OF STATE, to accomodate federal elections sharing only SECRETARY OF STATE, Jefferson City, MO, January 3, 1986. certain election dates would be a needless Austin, Texas, October 1, 1985. Hon. BILL FRENZEL, and confusing intrusion into the process of Hon. BILL FRENZEL, Member of Congress, voting. Hon. BILL THOMAS, Longworth Building, Washington, DC. As you know, a large percentage of the Congress of the United States, House of Rep DEAR CONGRESSMAN FRENZEL. Thank you public has not been voting. In Missouri, resentatives, Washington, DC. for your letter of December 19 updating me election authorities have launched various DEAR CONGRESSMEN FRENZEL AND THOMAS: on the status of the House vote on H.R. efforts to reduce voter apathy and encour Enclosed is my reponse to your recent ques 3525. As you know, I have gone on record in tionnaire. I hope this information is helpful. opposition to Uniform Poll Closing. Primari age the electorate to vote. With uniform poll closing, we would be forced to make a Sincerely, ly, I do not believe it should be the role of MYRA. A. McDANIEL, the federal government to set a closing time decision: Would we change polling times on all elections to create a uniform system or Secretary of State, for elections involving state and local as well State of Texas. as federal candidates. I have several other would we simply have "federal election voting times" for those elections held in No points of concern which I will outline for 1. Section 32.031 of the Texas Election you. For your convenience, I have also en vember of even-numbered years and "state and local election voting times" for the Code requires the appointment of a presid closed a letter I sent to members of the ing judge and an alternate for each precinct. House Elections Subcommittee and the gr~at majority of elections? Either way, I Senate Rules Committee, as well as mem think we would confuse voters and possibly In addition, House Bill 123 of the 69th Leg bers of the Missouri delegation, in October. discourage some we have worked hard to in islature requires the presiding judge to ap Your letter mentions cost as a concern volve because polling hours could be incon point at least one clerk. Since the alterna when considering uniform poll closing. Cer sistent. tive judge may serve as a clerk, the theoreti tainly, cost is a major concern. Additional Secondly, I feel uniform poll closing cal minimum is two workers per polling ~ime at the polls means, at the very least, would be a costly proposition. Each addi place. As a practical matter, however, only mcreasing costs in terms of pay to poll tional hour we add to the voting day adds the smallest precincts could function with work~rs. But, because of pollworker fatigue, thousands of dollars to local election costs. the minimum staff. Almost every precinct, we might be forced to add workers, which These costs are, of course, borne by local ju especially in the general election, employs would certainly add to the expense. Recruit risdictions, many of which are ill-equipped well in excess of this minimum. ment of pollworkers would most likely be to shoulder any more financial burden. The Section 32.091 of the Texas Election Code made more difficult with the longer hours. recruitment of local "election judges" is al provides for compensation to be set by the And, we must bear in mind that local Juris ready difficult in Missouri. Longer hours commisisoners of each county up to a maxi dictions must pay these added costs. I don't would almost certainly make a difficult situ mum compensation of $5.00 per hour. In the need to tell you that many of these jurisdic general election, this maximum is almost tions cannot shoulder any more financial ation worse. Finally, I am not enthusiastic about the universally the amount actually paid. burden. 2. Any bill which extends the hours I think uniform poll closing, and certainly re-structuring of the local election hours in response to new techniques used by the na during which the polls are open will result the bill now being considered is confusing to in the need to compensate judges and clerks voters. We could conceivably have "national tional news media. The election process is, election voting times" and "non-national after all, public business. Certainly, we rec during the extra hours. However, extra per election voting times," leaving the voter to ognize the important functions of the news sonnel would not be necessary. A more im figure out when he can exercise his right to media, and I agree that they must have portant consideration may be the reluctance vote based on what's on the ballot. I am also proper access for coverage. But I do not be of some poll workers to work very late told the extension of Daylight Savings Time lieve a national uniform poll closing is an hours. Many poll workers are women and to accommodate the uniform poll closing appropriate solution to the problems most of the more than 6,000 polling places could also have a substantial negative brought on by early projections and the in Texas are located in urban areas. It is impact on our transportation systems. broadcasting of polling results. reasonable to expect that, since working ex· Finally, I have serious questions about I believe that changing our national tended hours at the polls would require · changing our national system of elections system of elections in response to pledges of them to be out several hours after dark, this based on what the national news media may the current managing executives of the na might discourage otherwise interested work or may not do. While the top executives tional news networks causes more problems ers from volunteering to serve. It is always n~w in control may pledge one thing, they than it solves. Two one-sided Presidential difficult to recruit polling place workers, might not hold their current positions in elections combined with the advent of and this may add to the difficulty. 1988. The news executives at that time 3. Polling places are often located in pri could have completely different thoughts "exit" polling and sampling have made the problem of early projections appear to be vately owned buildings. In some cases, on election coverage. owners may consider the later closing time Congressman, I appreciate your interest in greater than it probably will turn out to be. Information technology changes, projec in deciding whether to permit use of their my opinion on this matter. If I may be of property for a polling place. The extent of further assistance to you as you continue tions based on demographic data become more refined, policy makers for the national such a problem, if any, is not possible to as your deliberations, don't hesitate to contact certain. me. networks change in ways that require us to Sincere regards, make decisions based on circumstances that 4.A.No. ROY BLUNT, will probably change by the next election. 4.B. No. Since many polling places are now Secretary of State. I think the idea of federally mandated located in churches, this would result in ex· uniform poll closing creates more problems treme difficulty in locating polling places. STATE OF MISSOURI, than it solves and in all probability will not 4.C.No. OFFICE OF SECRETARY OF STATE, solve the problem that occurred in 1980 and 4.D. No. The real problem is due to the ef Jefferson City, MO, October 10, 1985. 1984. As Secretary of State of Missouri, I ficiency of exit polling and the geographical DEAR --: As Missouri's Secretary of oppose this legislation. reality of multiple time zones. Results of State, I would like to officially voice my op I would be glad to discuss this with you or presidential elections will remain predict position to federally mandated uniform poll any member of your staff at any time. able before the polls are closed unless the closing. I have several reasons for taking Respectively submitted, press practices restraint in reporting the re this position and will highlight them in this ROY BLUNT, sults of exit polls. letter. Secretary of State. Uniform poll closing is unlikely to change First, I do not believe it should be the role the voting habits of the public. Most people of the federal government to set a uniform in the east will have voted before those in closing time for elections that involve state the west regardless of the voting hours, and and local, as well as federal candidates. Cur the results of the exit polls will have a dis rently, states have varied polling hours in proportionate effect ...... 10,115 Faye Fleming ...... 9,712 Sincerely, 1978-Congress-Third District (33 counties) KEN HECHLER, Recounts are expensive, with those falling Secretary of State. Registered...... 227,182 within the statutory mandate of one per Voter turnout...... 151,636 cent or less of the highest vote cast for a OFFICE OF THE SECRETARY OF STATE, Ray Kogovsek ...... 69,669 candidate for that office, paid for by the SPRINGFIELD, IL, Harold L. McCormick 69,303 state and counties involved. Colorado law January 17, 1986. 1978-State Representative-65th District provides for a 100 foot limit on prohibition Hon. BILL FRENZEL, (5 counties) of electioneering or election-related activi Member of Congress, 1026 Longworth Build Registered...... 18,841 ties except that of the conduct of the elec ing, Voter turnout ...... 13,951 tion. ...... 6,678 Colorado statute 1-13-712(2) and 1-13-718 DEAR CONGRESSMAN FRENZEL: Thank you Elizabeth G. Sharp ...... 6,669 provide for protection against disclosure of for your letter of December 19 regarding votes and release of information concerning the pending Uniform Poll Closing Bill. I 1978-State Senator-34th District-f5 the count. These provisions have worked ef fully agree with the general thrust of your counties) fectively for a number of elections, with remarks that the Congress should stay out Registered ...... 31,802 problems resolved quickly and efficiently. of the business of running elections, which Voter turnout ...... 22,448 I would encourage other states to adopt always has been, and should remain, the re Ken Clark ...... 10,532 similar statutes since exit polling in our sponsibility of the states. The logic is par Jim Rizzuto ...... 10,506 state is used only from 7:00 PM until re ticularly peculiar in this legislative develop 1980-U.S. Senator turns come in. It affects no votes since the ment. The proponents of H.R. 3525 are polls are closed. saying, in effect, that because the television Registered ...... 1.434,571 To adopt federal legislation, changing networks broadcast their election coverage Voter turnout ...... 1.225,549 time factors will not solve the problem of in a manner objectionable to the Congress, Mary Estill Buchanan ...... 571,295 exit polling from which the projections are the federal government should take over Gary Hart ...... 590,501 made. It may add confusion for those of us the conduct of elections in presidential elec 1980-State Senator-24th District-fl administering elections in adjacent time tion years. county) zones. If exit polling projections continue Please understand that these are my per Registered ...... 50,621 being broadcast before poll closing times, we sonal opinions, and not those of an elections Voter turnout...... 42,235 may feel the effect of lower tum-out anb in administrator. Since 1974, the conduct of S. G. "Sandy" Arnold ...... 19,407 creased recount costs. elections in Illinois has been under the ju Ron Stewart ...... 19,910 Sincerely, risdiction of the State Board of Elections, NATALIE MEYER, 1020 South Spring Street, Springfield, Illi 1980-State Representative-13th District- Secretary of State. nois 62708. If you are seeking a more expert (1 county) point of view, I recommend that you consult Registered...... 20,826 ELECTIONS the Board. However, I thank you for this Voter turnout...... 18,409 1-6-202.-Notice of general or congression opportunity to present my views. Jerry Kopel ...... 8,629 al vacancy election by secretary of state. Sincerely, Paul Swalm ...... 8,439 PART 3.-REGISTRATION BOOKS JIM EDGAR, 1982-State Representative-9th District-f2 Secretary of State. counties) 1-6-301.-0riginal registration book to be used at the polls. STATE OF COLORADO, Registered ...... 27,273 1-6-302.-Computer lists may be used in DEPARTMENT OF STATE, Voter turnout ...... 19,769 lieu of registration books. Norma Edelman ...... 9,189 Denver, CO, January 7, 1986. PART 4.-BALLOTS Hon. ToM FRENZEL, Ruth Pendergast ...... 9,125 House of Representatives, 1982-State Representative-11th District- 1-6-401.-Primary election ballots. 1026 Longworth Building, f 1 county) 1-6-402.-Ballots for general and congres sional vacancy elections. Washington, DC. Registered ...... 29,719 DEAR CONGRESSMAN FRENZEL: Thank you 1-6-403.-Arrangement of names on bal Voter turnout...... 20,528 lots for nonmachine voting in general or for contacting me concerning H.R. 3525, the Charles Brown ...... 9,841 Uniform Poll Closing bill. I had already congressional vacancy elections. written the Colorado delegation and am en Greg Rogers ...... 9,726 1-6-404.-Arrangement of names on closing copies of the responses received to 1982-State Representative-31st District- voting machine ballot in general elections date. ( 3 counties) testing of machines. My concerns as stated to them are first Registered...... 21,238 1-6-405.-Ballots-electronic voting. that the problem of early projections and Voter turnout ...... 14,340 1-6-406.-Single cross mark for party slate predictions is not resolved by this proposal. Jim Chaplin ...... 6,837 not permitted. Second, that this is an intrusion into the Faye Fleming ...... 6,858 1-6-407.-Printing and distribution of bal- conduct of elections by the states. Let me lots. 1982-State Representative-36th District- 1-6-408.-Substitute ballots. explain further. The proposed legislation (1 county) speaks only to presidential election years, 1-6-409.-Correction of errors. yet federal offices are on the general elec Registered...... 19,061 1-6-410.-Sample ballots. tion ballot every two years and projections Voter turnout...... 12,633 PART 5.-POLLING PLACE SUPPLIES AND are made on U.S. Senate and House of Rep Annabelle M. Dunning ...... 6,052 EQUIPMENT Bev Scherling ...... 5,895 resentatives polls in those years. Early pro 1-6-501.-Sufficient voting booths, voting jections from polling place interviews may 1982-State Representative-57th District- machines, or elec t:<~ .ic voting equipment. be misleading since voters have indicated to f4 counties) 1-6-502.-Ballot boxes for nonmachine our office that they resent exit polls and do Registered...... 24,843 voting. not answer with a true indication of their Voter turnout...... 16,022 1-6-503.-Arrangement of voting ma vote. Scott Mcinnis ...... 7,714 chines or voting booths and ballot boxes. When these early projections are broad Kathleen Sullivan ...... 7,701 1-6-504.-Cards of instruction. cast in our state on the voting patterns of 1984-State Representative-11th District- 1-6-505.-Election expenses to be paid by eastern states, the time lapse may indicate county. to the voter that projections have been f2 counties) made from results, not exit polls. In Colora Registered ...... 30,783 PART 6--AUTHORIZATION AND USE OF VOTING do, general election races at all levels may Voter turnout ...... 25,628 MACHINES AND ELECTRONIC VOTING SYSTEMS be decided by a few votes. If electors stay Charles Brown ...... 11,460 1-6-601.-Use of voting machines or elec- away from the polls because winners of Dottie Wham ...... 11,895 tronic voting system. January 29, 1986 CONGRESSIONAL RECORD-HOUSE 671 1-6-602.-Requirements for voting ma cincts so established may be divided within upon any elector either to give or refrain chines. the boundaries of the original precinct fol from giving his vote at any election provided 1-6-603.-Adoption and payment for lowing the 1988 general election. In estab by law or to give or refrain from giving his voting machines. lishing boundaries pursuant to the provi vote for any particular person or measure at 1-6-604.-Experimental use. sions of this subsection <6>, the board of any such election. Each such offense is a 1-6-605.-0ther laws apply-paper ballots county commissioners shall take into consid misdemeanor, and, upon conviction thereof, permitted for absentee voting. eration natural and man-made boundaries the offender shall be punished as provided 1-6-606.-Election officials not to have in that meet the requirements of the United in section 1-13-111. terest in voting machines or electronic States bureau of the census. Source: R &RE, L.80, p.435, §1. voting equipment or devices. Source: R & RE, L. 80, pp. 341, 424 § § 1, l; 1-13-714. Electioneering-removing and 1-6-607.-Elected officials not to handle L. 83, pp. 354, 366 § § 20, l; L. 85, p. 260, § 15. return of ballot. No person shall do any voting machines or electronic voting equip 1-6-102. Polling place-designation by electioneering on the day of any election ment or devices. sign. All places established for holding elec within any polling place or in any public 1-6-608.-Requirements-electronic voting tions shall be designated by a sign conspicu street or room or in any public manner system. ously posted at least ten days before each within one hundred feet of any polling 1-6-609.-Acquisition and use authorized. general, primary, and congressional vacancy place, as publicly posted by the county clerk 1-6-610.-Preparation for use-electronic election. Such sign shall be substantially in and recorder. No person shall remove any voting. the following form: "Polling place for pre official ballot from the polling place before 1-6-611.-Requirements-non-punch card cinct no. . . :·. The lettering on such sign the closing of the polls. Any person who vio electronic voting system. and the precinct number shall be black on a lates any provision of this section is guilty PART 1.-POLLING PLACES white background, with all letters and nu of a misdemeanor and, upon conviction 1-6-101. Establishing precincts and polling merals at least four inches in height. In ad thereof, shall be punished as provided in places. The boards of county commis dition, such sign shall state the date of the section 1-13-111. sioners of the several counties shall divide next election and the hours the polling Source: R &RE, L.80, p. 435, § 1. their respective counties into as many elec place will be open. 1-13-715. Liquor in or near polling place. tion precincts for all general, primary, and Source: R & RE, L. 80, p. 341, § 1. <1 > It is unlawful for any election official or congressional vacancy elections as they may • • • other person to introduce into any polling deem expedient for the convenience of the Source: R & RE, L. 80, p. 434, § 1. place, or to use therein, or to offer to an electors of the county and shall designate 1-13-709. Voting in wrong precinct. Any other for use therein, at any time while any the place for each precinct at which elec person who, at any election provided by law. election is in progress or the result thereof tions are to be held. The precincts shall be knowingly votes or offers to vote in any is being ascertained by the counting of the numbered consecutively. The precincts and election precinct in which he is not qualified ballots, any intoxicating malt, spirituous, or places of holding elections thus established to vote is guilty of a misdemeanor and, upon vinous liquors. shall so remain until consolidated, divided, conviction thereof, shall be punished by a <2> It is unlawful for any officer or board or otherwise changed by each board of fine of not more than two hundred dollars of officers of any county or any municipal county commissioners. Changes in the pre or by imprisonment in the county jail for ity, whether incorporated under general law cinct boundaries of a county shall be made not more than three months. or by special charter, who may at any time only within the district boundaries of each Source: R & RE, L. 80, p. 434, § 1. be by law charged with the duty of designat representative and senatorial district. No 1-13-710. Voting twice-penalty. If any ing polling places for the holding of any polling place shall be located in a room voter votes more than once or, having voted general or congressional election therein, to wherein any intoxicating malt, spirituous, once, offers to vote again or offers to depos select therefor a room wherein any intoxi or vinous liquors are usually sold for con it in the ballot box more than one ballot, he cating malt, spirituous, or vinous liquors are sumption on the premises or in a room is guilty of misdemeanor and, upon convic usually sold for consumption on the prem within the distance of fifty feet, measured tion thereof, shall be punished as provided ises or a room within the distance of fifty in a direct line, of any place where any such in section 1-13-111. feet, measured in a direct line, of any place liquors are usually sold for consumption on Source: R & RE. L. 80, p. 434, § 1. where any such liquors are usually sold for the premises. 1-13-711. Interference with voter while consumption on the premises. In counties which use paper ballots, voting. Any person who interferes with any (3) Any person who violates any provision the boards of county commissioners shall es voter who is inside the immediate voting of this section is guilty of a misdemeanor tablish at least one precinct for every five area or is marking a ballot or operating a and, upon conviction thereof, shall be pun hundred active registered electors. voting machine at any election provided by ished as provided in section 1-13-111. In counties which use voting machines law is guilty of a misdemeanor and, upon Source: R & RE. L. 80, p. 435, § l; L. 83, p. or electronic voting equipment, the boards conviction thereof, shall be punished as pro 358, § 31. of county commissioners shall establish at vided in section 1-13-111. 1-13-716. Destroying, removing, or delay least one precinct for every one thousand Source: R & RE. L. 80, p. 434, § 1. ing delivery of election records. Cl) No active registered electors. 1-13-712. Disclosing or identifying vote. person shall willfully destroy, deface, or <2> Changes in the boundaries of precincts Cl> Except as provided in section 1-7-108, no alter any ballot or any election records or or the creation of new precincts shall be voter shall show his ballot after it is pre willfully delay the delivery of any such bal completed not less than thirty-two days pared for voting to any person in such a way lots or election records, or take, carry away, prior to the precinct caucus day, except in as to reveal its contents. No voter shall conceal, or remove any ballot, ballot box, or cases of precinct changes resulting from place any mark upon his ballot by means of election records from the polling place or changes in county boundaries. which it can be identified as the one voted from the possession of a person authorized <3> Each board of county commissioners by him, and no other mark shall be placed by law to have the custody thereof, or aid, shall change any polling place upon a peti on the ballot by any person to identify it counsel, procure, advise, or assist any person tion of a majority of the registered electors after it has been prepared for voting. to do any of the aforesaid acts. residing within a precinct if the request is <2> No person shall endeavor to induce <2> No election official who has undertak made at least ninety days prior to the pri any voter to show how he marked his ballot. en to deliver the official ballots and election mary election. (3) No election official, watcher, or person records to the county clerk and recorder <4> All changes in precinct boundaries or shall reveal to any other person the name of shall neglect or refuse to do so within the numbering shall be reported immediately by any candidate for whom a voter has voted time prescribed by law or shall fail to ac the county clerk and recorder to the secre or communicate to another his opinion. cow1t fully for all official ballots and other tary of state, and a corrected precinct map belief, or impression as to how or for whom records in his charge. Informality ih the de shall be transmitted to the secretary of a voter has voted. livery of the ballots and election records state as soon as possible after the changes <4> Any person who violates any provision shall not invalidate the vote of any precinct have been effected. of this section is guilty of a misdemeanor if such records are delivered prior to the (5) No election related activities shall be and, upon conviction thereof, shall be pun canvassing of the votes by the county board conducted within one ·hundred feet of the ished as provided in section 1-13-111. of canvassers. polls except that of the conduct of the elec Source: R & RE, L.80, p.434, §1. (3) Any person who violates any provision tion at the polling place. 1-13-713. Intimidation. It is unlawful for of this section is guilty of a misdemeanor <6> No later than June 1, 1987, each board any person directly or indirectly by himself and, upon conviction thereof, shall be pun of county commissioners of the several or by any other person in his behalf, to ished as provided in section 1-13-111. counties shall establish precinct boundaries impede, prevent, or otherwise interfere with Source: R & RE, L. 80, p. 435, § 1. which shall remain in effect until after the the free exercise of the elective franchise of 1-13-717. Penalty for destruction of sup general election in 1990; except that pre- any elector or to compel, induce, or prevail plies. Any person who, during an election,

71--059 0-87-23 (Pt. 1) 704 CONGRESSIONAL RECORD-HOUSE January 29, 1986 Agriculture to modify the definition of non Mr. KINDNESS introduced a bill for the relief of Joseph W. Newman; LArrA, Mr. CLAY, Mr. BLAZ, Mr. BIAGGI, Mr. the production of any commodity that to the Committee on the Judiciary. LEwis of California, Mr. McCLOSKEY, Mr. would adversely affect the income of pro MCCOLLUM, Mr. KASICH, Mr. RODINO, Mr. ducers of that commodity; to the Commit ADDITIONAL SPONSORS ROE, Mr. MRAZEK, Mr. OWENS, Mrs. BOXER, tee on Agriculture. Under clause 4 of rule XXII, spon Mr. JENKINS, Mr. ROBERT F. SMITH, Mr. LA By Mr. WEBER : H.J. Res. 365: Mr. JACOBS, Mr. BURTON of H.R. 4080. A bill to exclude from gross MARKEY. H.R. 479: Mr. BROWN of Colorado, Mr. Mc Indiana, Mr. CLINGER, and Mr. WOLPE. income amounts received from certain sales H.J. Res. 398: Mr. ACKERMAN, Mr. ADDAB of farm property and amounts attributable MILLAN, Mr. MARTIN of New York, and Mr. WYLIE. BO, Mr. ALExANl>ER, Mr. ANTHONY, Mr. AP to the discharge of indebtedness on certain PLEGATE, Mr. ATKINS, Mr. BADHAM, Mr. BART farm property; to the Committee on Ways H.R. 780: Mr. CLINGER. LETT, Mr. BEDELL, Mr. BENNETT, Mr. BEVILL, and Means. H.R. 796: Mr. ERDREICH and Mr. DASCHLE. H.R. 864: Mrs. Boxer and Mr. LI.FALCE. Mr. BILIRAKIS, Mr. BOLAND, Mr. BONER of By Mr. BADHAM: Tennessee, Mr. BoNIOR of Michigan, Mr. H.J. Res. 504. Joint resolution authorizing H.R. 979: Mr. FISH. establishment of a memorial to honor H.R. 1004: Mr. CLINGER. BORSKI, Mr. BOULTER, Mr. BROOKS, Mr. America's astronauts; to the Committee on H.R. 1021: Mr. SEIBERLING. BROOMFIELD, Mr. BROWN of Colorado, Mr. House Administration. H.R. 1145: Mrs. BENTLEY. BROYHILL, Mrs. BURTON of California, Mr. By Mr. ACKERMAN Ci> in the case of individuals who need Mr. SAVAGE, Mr. LEHMAN of Florida, Mr. to be placed in inpatient mental health fa to be placed in inpatient mental health fa FLORIO, and Ms. 0AKAR. cilities, to place such individuals in optimum cilities, to place such individuals in optimum H.J. Res. 500: Mr. HENRY, Mr. HUGHES, Mr. therapeutic settings and to provide mental therapeutic settings and to provide mental McGRATH, Mr. HOYER, Ms. OAKAR, Mr. KAN health treatment and related support serv health treatment and related support serv .JORSKI, and Mr. ANDERSON. ices appropriate to such individuals' level of ices appropriate to such individuals' level of H. Con. Res. 241: Mr. WHEAT, Mr. LoWERY functioning, functioning, of California, Ms. KAPTuR, Mrs. BENTLEY, "Cll> in the case of residents of public inpa "CU> in the case of residents of public inpa Mr. MRAzEK, and Mr. MCKERNAN. tient mental health facilities who have been tient mental health facilities who have been H. Con. Res. 271: Mr. SOLARZ, Mr. TOWNS, inappropriately placed in such facilities, to inappropriately placed in such facilities, to Mr. FAUNTROY, Mr. ScHEuER, Mr. GUARINI, discharge such residents, and, to the extent discharge such residents, and, to the extent Mr. SAVAGE, Mr. DIXON, Mr. MOAKLEY, Mr. appropriate, to place them in optimum appropriate, to place them in optimum CONYERS, and Ms. MIKULSKI. therapeutic settings and to provide mental therapeutic settings and to provide mental H. Res. 183: Mr. BERKAN, Mr. UDALL, and health treatment and related support serv health treatment and related support serv Mr. NIELSON of Utah. ices appropriate to such individuals' level of ices appropriate to such individuals' level of functioning, H. Res. 256: Mr. OWENS. functioning, H. Res. 311: Mr. EVANS of Illinois, Mr. FOG "Ciii> in the case of individuals who are "Ciii> in the case of individuals who are discharged from, or are in need of place LIETTA, Mr. HOYER, Mr. LEHMAN of Florida, discharged from, or are in need of place Mr. RICHARDSON, Mr. MCHUGH, Mr. ADDABBO, ment in, inpatient mental health facilities, ment in, inpatient mental health facilities, to inform them of available community Mrs. COLLINS, Mr. CONYERS, Mr. KOST to inform them of available community MAYER, Mr. BONER of Tennessee, Mr. OBER based facilities and programs providing based facilities and programs providing mental health treatment and related sup STAR, Mr. CARPER, Mrs. BENTLEY, Mr. mental health treatment and related sup RODINO, Mr. JACOBS, Mr. WHEAT, Mr. CLAY, port services and to provide them access to a port services and to provide them access to a sufficient number of adequately staffed and Mr. UDALL, Mr. HOWARD, Mr. MATSUI, Mr. sufficient number of adequately staffed and CARR, Mrs. LLOYD, Mr. TOWNS, Mr. FAZIO, adequately funded community-based facili adequately funded community-based facili ties and programs providing mental health Mr. PuRsELL, Mr. FRENZEL, Mr. SISISKY, and ties and programs providing mental health Mr. MITCHELL. and related support services, and and related support services, and "Civ> to otherwise establish or carry out an " to otherwise establish or carry out an appropriate individual program plan or DELETIONS OF SPONSORS FROM appropriate individual program plan or treatment or discharge plan for a mentally PUBLIC BILLS AND RESOLU treatment or discharge plan for a mentally ill individual,". TIONS ill individual,". Page 4, insert after line 21 the following: Page 4, insert after line 21 the following: "For purposes of clauses m and CU> of sub Under clause 4 of rule XXll, spon "For purposes of clauses m and CU> of sub paragraph CA>. the term "optimum thera sors were deleted from public bills and paragraph CA>, the term "optimum thera peutic setting" means the environment that resolutions as follows: peutic setting" means the environment that is least restrictive of an individual's personal H.R. 3609: Mrs. LLOYD. is least restrictive of an individual's personal liberty and where the care, treatment, ha liberty and where the care, treatment, ha bilitation, or rehabilitation is particularly bilitation, or rehabilitation is particularly suited to the level of service necessary to AMENDMENTS suited to the level of services necessary to properly implement an individual's treat Under clause 6 of rule :XXIII, pro properly implement an individual's treat ment, habilitation, and rehabilitation. The ment, habilitation, and rehabilitation. The optimum therapeutic setting for an individ posed amendments were submitted as optimum therapeutic setting for an individ ual may be a licensed and properly operated follows: ual may be a licensed and properly operated State hospital or other public residential H.R. 4055 State hospital or other public residential care facility if the available community By Mr. McKINNEY: care facility." services fail to provide conditions which en -Page 4, strike out lines 10 through 12 and -Page 4, strike out lines 10 through 12 and hance the care, treatment, and general well insert in lieu thereof the following: insert in lieu thereof the following: being of the individual."