Amends the Uniformed and Overseas Citizens Absentee Voting Act to provide for: (1) extension of registration and balloting rights for absent uniformed services voters to State and local elections; (2) treatment of applications and absentee ballots submitted by absent uniformed services voters; and (3) coverage of recently separated uniformed services voters as absent uniformed services voters.
Directs the Secretary of Defense to carry out a demonstration project under which absent uniformed services voters are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002 through an electronic voting system.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1377 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1377
To ensure that military personnel do not lose the right to cast votes
in elections in their domicile as a result of their service away from
the domicile, to amend the Uniformed and Overseas Citizens Absentee
Voting Act to extend the voter registration and absentee ballot
protections for absent uniformed services personnel under such Act to
State and local elections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2001
Mr. Thornberry (for himself, Mr. Cunningham, Mr. Sam Johnson of Texas,
and Mrs. Tauscher) introduced the following bill; which was referred to
the Committee on House Administration, and in addition to the
Committees on Veterans' Affairs, the Judiciary, and Armed Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To ensure that military personnel do not lose the right to cast votes
in elections in their domicile as a result of their service away from
the domicile, to amend the Uniformed and Overseas Citizens Absentee
Voting Act to extend the voter registration and absentee ballot
protections for absent uniformed services personnel under such Act to
State and local elections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Overseas Voter Empowerment
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) National defense is a core responsibility of the
Federal Government, which has the sole authority to raise and
maintain the military, and the Federal Government has a special
responsibility to ensure the voting rights of military members
and their families are adequately protected.
(2) Over 2,700,000 members of the military and their
families are stationed away from their home of record at any
given time.
(3) The disenfranchisement of military voters has been
acknowledged since 1952, when the Subcommittee on Elections of
the Committee on House Administration of the House of
Representatives conducted hearings on the likely
disenfranchisement of military personnel then fighting in the
Korean War, and President Truman recommended the enactment of
temporary legislation by Congress since it ``should be possible
to make all the necessary changes in State laws before the
congressional elections of 1954.''
(4) The most recent controversy over uncounted military
absentee ballots has again shown that the votes of many
military members and their families have not been counted
because of confusing State and local procedures, cumbersome
ballot request and submission requirements, and complicated
procedures and ballots.
(5) Some States do not recognize the rights of military
voters and their families to vote in their domicile of origin,
further disenfranchising these voters and their families.
(6) Therefore, Federal legislation is needed to protect the
voting rights of military personnel who serve in defense of our
Nation.
SEC. 3. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. 700 et seq.) is amended by adding at the end the following:
``Sec. 704. (a) For purposes of voting for an office of the United
States or of a State, a person who is absent from a State in compliance
with military or naval orders shall not, solely by reason of that
absence--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person intends
to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become resident in or a resident of
any other State.
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
SEC. 4. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR ABSENT
UNIFORMED SERVICES VOTERS TO STATE AND LOCAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas Absentee
Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(2) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and runoff elections for State and local
offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(b) Conforming Amendment.--The heading for title I of such Act is
amended by striking ``FOR FEDERAL OFFICE''.
SEC. 5. TREATMENT OF APPLICATIONS AND ABSENTEE BALLOTS SUBMITTED BY
ABSENT UNIFORMED SERVICES VOTERS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1073ff-1), as amended by section 4(a),
is further amended by adding at the end the following new subsections:
``(c) Mandatory Minimum Period Between Availability of Absentee
Ballot and Deadline for Submission for Absent Uniformed Services
Voters.--Notwithstanding any other provision of law, a State may not
refuse to count a ballot submitted in an election for Federal, State,
or local office by an absent uniformed services voter on the grounds
that the ballot was not submitted in a timely manner if the ballot was
submitted not later than 30 days after the date on which the ballot was
made available by the State.
``(d) Standard for Invalidation of Ballots Submitted by Absent
Uniformed Services Voters.--
``(1) In general.--A State may not refuse to count a ballot
submitted in an election for Federal office by an absent
uniformed services voter on the grounds that the ballot was
improperly or fraudulently cast unless the State finds clear
and convincing evidence of fraud in the preparation or casting
of the ballot by the voter. For purposes of the previous
sentence, the lack of a witness signature, address, postmark,
or other identifying information may not be considered clear
and convincing evidence of fraud (absent any other information
or evidence).
``(2) No effect on filing deadlines under state law.--
Nothing in this subsection may be construed to affect the
application to ballots submitted by absent uniformed services
voters of any ballot submission deadline applicable under State
law (taking into account the requirements of subsection (c)).
``(e) Prohibiting Refusal of Applications on Grounds of Early
Submission.--A State may not refuse to accept or process, with respect
to any general, special, primary, or runoff election for Federal
office, any otherwise valid voter registration application or absentee
ballot application from an absent uniformed services voter during a
year on the grounds that the voter submitted the application before the
first date on which the State otherwise accepts or processes such
applications from absentee voters during the year.''.
(b) Use of Single Application for Absentee Ballots for All Federal
Elections.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as
amended by section 4(a), is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) accept and process, with respect to all general,
special, primary, and runoff elections for Federal office
occurring during a year, any otherwise valid absentee ballot
application from an absent uniformed services voter or overseas
voter, if a single application for all such elections is
received by the appropriate State election official not less
than 30 days before the first election for Federal office
occurring during the year; and''.
(c) Recommendation Regarding Extension of Period Between
Availability of Absentee Ballot and Deadline for Submission.--Section
104 of such Act (42 U.S.C. 1973ff-3) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) find that any ballot submitted in an election for
Federal, State, or local office by an absent uniformed services
voter was submitted in a timely manner if the ballot was
submitted not later than 45 days after the date on which the
ballot was made available by the State.''.
SEC. 6. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED SERVICES VOTERS
TO RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.
The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.) is amended by inserting after section 104 the following
new section:
``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.
``(a) In General.--For purposes of this Act, an individual who is a
separated uniformed services voter (or the spouse or dependent of such
an individual) shall be treated in the same manner as an absent
uniformed services voter with respect to any election occurring during
the 60-day period which begins on the date the individual becomes a
separated uniformed services voter.
``(b) Separated Uniformed Services Voter Defined.--
``(1) In general.--In this section, the term `separated
uniformed services voter' means an individual who--
``(A) is separated from the uniformed services;
``(B) was a uniformed services voter immediately
prior to separation;
``(C) presents to an appropriate election official
Department of Defense Form 214 showing that the
individual meets the requirements of subparagraphs (A)
and (B) (or any other official proof of meeting such
requirements); and
``(D) is otherwise qualified to vote with respect
to the election involved.
``(2) Uniformed services voter.--In paragraph (1), the term
`uniformed services voter' means--
``(A) a member of a uniformed service on active
duty; or
``(B) a member of the merchant marine.''.
SEC. 7. ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) In General.--The Secretary of Defense shall carry out a
demonstration project under which absent uniformed services voters
shall be permitted to cast ballots in the regularly scheduled general
election for Federal office for November 2002 through an electronic
voting system.
(b) Coordination With State Election Officials.--To the greatest
extent practicable, the Secretary shall carry out the demonstration
project under this section through cooperative agreements with State
election officials.
(c) Report to Congress.--Not later than June 1, 2003, the Secretary
shall submit a report to Congress analyzing the demonstration project
conducted under this section, and shall include in the report any
recommendations the Secretary considers appropriate for continuing the
project on an expanded basis during the next regularly scheduled
general election for Federal office.
SEC. 8. ABSENT UNIFORMED SERVICES VOTER DEFINED.
In this Act, the term ``absent uniformed services voter'' has the
meaning given such term in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)).
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to ballots submitted for elections occurring after the date of
the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committees on Veterans' Affairs, the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Veterans' Affairs, the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Veterans' Affairs, the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Veterans' Affairs, the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Veterans' Affairs, the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Executive Comment Requested from DOD.
Referred to the Subcommittee on Military Personnel.