brennan center for justice

C. Analogous RegimesCivil penalty provisions are not uncommon in analogous regulatory regimes. Recently the trend hasbeen for Congress to increase such penalties. For example, in 2002, the TREAD Act increased thepenalties originally established in the Vehicle Safety Act of 1966 275 that NHTSA could seek to haveimposed on vehicle manufactures from $1,000 per violation to $5,000 per violation and from a penaltycap of $800,000 to a cap of $15,000,000. 276 Similarly, in 2008, CPSIA dramatically increased the civilpenalties already provided for in the Consumer Product Safety Act of 1972 (e.g., from $5,000 perviolation to $100,000 per violation) for knowing sale of products that do not conform to an applicablerule or standard or failure to make necessary records available to the CPSC. 277 The penalty languagelegislation should resemble the language of both the Vehicle Safety Act and the Consumer ProductSafety Act.D. Key BenefitsIncreases Vendor AccountabilityAs Part III (Failures of the Current System: Case Studies) of this report illustrates, in the past, vendorshave not been held accountable for voting machine failures or their inability or refusal to correct them.Legislation with enforcement mechanisms would provide the EAC or another federal agency with thenecessary enforcement tools to hold vendors accountable for their acts or omissions after an investigationand hearing shows that this is justified.Incentivizes Vendors to Quickly Comply with MandatesCivil penalty provisions would act as a deterrent to wrongdoing by vendors; penalties would be highenough so as to not simply be regarded by vendors as a cost of doing business.Helps to Restore Public Confidence in Voting SystemsHAVA was meant to help restore public confidence in the integrity of the electoral process. During thesigning ceremony for HAVA, President Bush stated that “[t]he legislation I sign today will add to thenation’s confidence.” 278 He further added, “[t]hrough these reforms, the federal government will helpstate and local officials to conduct elections that have the confidence of all Americans.” 279Giving an independent government agency the power to investigate problems and take action to remedyproblems should greatly increase public trust in our voting systems and elections.38 | Brennan Center for Justice