Safeguarding Elections for our Nation's Troops through Reforms and Improvements Act or the SENTRI Act - Amends the Uniformed and Overseas Citizens Absentee Voting Act, with respect to the regularly scheduled general election for federal office held in November 2014 and thereafter, to:
Directs the Secretary of Defense (DOD), in coordination with the Secretary of each military department, to: (1) affirmatively offer, on an annual basis, each member of the Armed Forces on active duty (other than active duty for training) the opportunity, through an online system, to register to vote in a federal election, update voter registration information, or request an absentee ballot; (2) implement an online system for such purpose; and (3) implement a system to track a change of address or duty status of a member of the Armed Forces on active duty to provide an automatic notice to such member of voter registration requirements.
Repeals the demonstration project allowing absent members of the uniformed services to vote in the regularly scheduled general election for federal office for November 2002 through an electronic voting system.
Amends the Servicemembers Civil Relief Act to permit dependents of an absent member of the Armed Forces to retain residency status in their state for voting purposes.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3576 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3576
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
improve ballot accessibility to uniformed services voters and overseas
voters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2013
Mr. McCarthy of California (for himself and Mrs. Davis of California)
introduced the following bill; which was referred to the Committee on
House Administration, and in addition to the Committees on Armed
Services and Veterans' Affairs, 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 amend the Uniformed and Overseas Citizens Absentee Voting Act to
improve ballot accessibility to uniformed services voters and overseas
voters, 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 ``Safeguarding Elections for our
Nation's Troops through Reforms and Improvements Act'' or the ``SENTRI
Act''.
TITLE I--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE VOTING ACT
SEC. 101. PRE-ELECTION REPORTING REQUIREMENT ON TRANSMISSION OF
ABSENTEE BALLOTS.
(a) In General.--Subsection (c) of section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(c)) is
amended by striking ``Not later than 90 days'' and inserting the
following:
``(1) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before
any election for Federal office held in a State, the
chief State election official of such State shall
submit a report to the Attorney General and the
Presidential designee, and make that report publicly
available that same day, confirming--
``(i) the number of absentee ballots
validly requested by absent uniformed services
voters and overseas voters whose requests were
received by the 46th day before the election,
and
``(ii) whether those ballots were timely
transmitted.
``(B) Matters to be included.--The report under
subparagraph (A) shall include the following
information:
``(i) Specific information about ballot
transmission, including the total numbers of
ballot requests received from such voters and
ballots transmitted to such voters by the 46th
day before the election from each unit of local
government that will administer the election.
``(ii) If the chief State election official
has incomplete information on any items
required to be included in the report, an
explanation of what information is incomplete
information and efforts made to acquire such
information.
``(C) Requirement to supplement incomplete
information.--If the report under subparagraph (A) has
incomplete information on any items required to be
included in the report, the chief State election
official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A)
shall be in a format prescribed by the Attorney General
in consultation with the chief State election officials
of each State.
``(2) Post election report on number of absentee ballots
transmitted and received.--Not later than 90 days''.
(b) Conforming Amendment.--The heading for subsection (c) of
section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended by striking
``Report on Number of Absentee Ballots Transmitted and Received'' and
inserting ``Reports on Absentee Ballots''.
SEC. 102. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.
(a) In General.--Paragraph (8) of section 102(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)) is
amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (42 U.S.C.
1973ff-1(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 46 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall
transmit the absentee ballot not later than 46 days
before the election.
``(B) Special rules in case of failure to transmit
on time.--
``(i) In general.--If the State fails to
transmit any absentee ballot by the 46th day
before the election as required by subparagraph
(A) and the absent uniformed services voter or
overseas voter did not request electronic
ballot transmission pursuant to subsection (f),
the State shall transmit such ballot by express
delivery.
``(ii) Extended failure.--If the State
fails to transmit any absentee ballot by the
41st day before the election, in addition to
transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee
ballots requested by absent uniformed
services voters with respect to
regularly scheduled general elections,
notify such voters of the procedures
established under section 103A for the
collection and delivery of marked
absentee ballots; and
``(II) in any other case, provide
for the return of such ballot by
express delivery.
``(iii) Cost of express delivery.--In any
case in which express delivery is required
under this subparagraph, the cost of such
express delivery--
``(I) shall not be paid by the
voter, and
``(II) may be required by the State
to be paid by a local jurisdiction if
the State determines that election
officials in such jurisdiction are
responsible for the failure to transmit
the ballot by any date required under
this paragraph.
``(iv) Enforcement.--A State's compliance
with this subparagraph does not bar the
Attorney General from seeking additional
remedies necessary to effectuate the purposes
of this Act.
``(2) Requests received after 46th day before election.--
For purposes of subsection (a)(8), in the case in which a valid
request for an absentee ballot is received less than 46 days
but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot not later
than 3 business days after such request is received.''.
SEC. 103. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT
AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE
BALLOT.
(a) In General.--Section 102(a)(3) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)(3)) is amended by
striking ``general elections'' and inserting ``general, special,
primary, and runoff elections''.
(b) Conforming Amendment.--Section 103 of such Act (42 U.S.C.
1973ff-2) is amended--
(1) in subsection (b)(2)(B), by striking ``general'', and
(2) in the heading thereof, by striking ``general''.
SEC. 104. TREATMENT OF BALLOT REQUESTS.
(a) Application of Prohibition of Refusal of Applications on
Grounds of Early Submission to Overseas Voters.--Section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
3) is amended--
(1) by inserting ``or overseas voter'' after ``submitted by
an absent uniformed services voter''; and
(2) by striking ``members of the uniformed services'' and
inserting ``absent uniformed services voters or overseas
voters''.
(b) Use of Single Application for Subsequent Elections.--
(1) In general.--Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
(A) by striking ``A State'' and inserting the
following:
``(a) Prohibition of Refusal of Applications on Grounds of Early
Submission.--A State'', and
(B) by adding at the end the following new
subsections:
``(b) Application Treated as Valid for Subsequent Elections.--
``(1) In general.--If a State accepts and processes a
request for an absentee ballot by an absent uniformed services
voter or overseas voter and the voter requests that the
application be considered an application for an absentee ballot
for each subsequent election for Federal office held in the
State through the next regularly scheduled general election for
Federal office (including any runoff elections which may occur
as a result of the outcome of such general election) and any
special elections for Federal office held in the State through
the calendar year following such general election, the State
shall provide an absentee ballot to the voter for each such
subsequent election.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to either of the following:
``(A) Voters changing registration.--A voter
removed from the list of official eligible voters in
accordance with subparagraph (A), (B), or (C) of
section 8(a)(3) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6(a)).
``(B) Undeliverable ballots.--A voter whose ballot
is returned by mail to the State or local election
officials as undeliverable or, in the case of a ballot
delivered electronically, if the email sent to the
voter was undeliverable or rejected due to an invalid
email address.''.
(2) Conforming amendment.--The heading of section 104 of
such Act is amended by striking ``prohibition of refusal of
applications on grounds of early submission'' and inserting
``treatment of ballot requests''.
(3) Revision to postcard form.--
(A) In general.--The Presidential designee shall
ensure that the official postcard form prescribed under
section 101(b)(2) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2))
enables a voter using the form to--
(i) request an absentee ballot for each
election for Federal office held in a State
through the next regularly scheduled general
election for Federal office (including any
runoff elections which may occur as a result of
the outcome of such general election) and any
special elections for Federal office held in
the State through the calendar year following
such general election; or
(ii) request an absentee ballot for a
specific election or elections for Federal
office held in a State during the period
described in paragraph (1).
(B) Presidential designee.--For purposes of this
paragraph, the term ``Presidential designee'' means the
individual designated under section 101(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(a)).
SEC. 105. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) are each amended
by striking ``and American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''.
SEC. 106. BIENNIAL REPORT ON THE EFFECTIVENESS OF ACTIVITIES OF THE
FEDERAL VOTING ASSISTANCE PROGRAM AND COMPTROLLER GENERAL
REVIEW.
(a) In General.--Section 105A(b) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-4a(b)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``March 31 of each year'' and
inserting ``June 30 of each odd-numbered year''; and
(B) by striking ``the following information'' and
inserting ``the following information with respect to
the Federal elections held during the 2 preceding
calendar years'';
(2) in paragraph (1), by striking ``separate assessment''
each place it appears and inserting ``separate assessment and
statistical analysis''; and
(3) in paragraph (2)--
(A) by striking ``section 1566a'' in the matter
preceding subparagraph (A) and inserting ``sections
1566a and 1566b'';
(B) by striking ``such section'' each place it
appears in subparagraphs (A) and (B) and inserting
``such sections''; and
(C) by adding at the end the following new
subparagraphs:
``(C) The number of completed official postcard
forms prescribed under section 101(b)(2) that were
completed by absent uniformed services members and
accepted and transmitted.
``(D) The number of absent uniformed services
members who declined to register to vote under such
sections.''.
(b) Comptroller General Reviews.--Section 105A of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4a) is amended
by redesignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following new subsection:
``(c) Comptroller General Reviews.--
``(1) In general.--
``(A) Review.--The Comptroller General shall
conduct a review of any reports submitted by the
Presidential designee under subsection (b) with respect
to elections occurring in calendar years 2014 through
2020.
``(B) Report.--Not later than 180 days after a
report is submitted by the Presidential designee under
subsection (b), the Comptroller General shall submit to
the relevant committees of Congress a report containing
the results of the review conducted under subparagraph
(A).
``(2) Matters reviewed.--A review conducted under paragraph
(1) shall assess--
``(A) the methodology used by the Presidential
designee to prepare the report and to develop the data
presented in the report, including the approach for
designing, implementing, and analyzing the results of
any surveys,
``(B) the effectiveness of any voting assistance
covered in the report provided under subsection (b) and
provided by the Presidential designee to absent
overseas uniformed services voters and overseas voters
who are not members of the uniformed services,
including an assessment of--
``(i) any steps taken toward improving the
implementation of such voting assistance; and
``(ii) the extent of collaboration between
the Presidential designee and the States in
providing such voting assistance; and
``(C) any other information the Comptroller General
considers relevant to the review.''.
(c) Conforming Amendments.--
(1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is
amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) through (11) as
paragraphs (6) through (10), respectively.
(2) Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is
amended--
(A) in paragraph (5), by striking ``101(b)(7)'' and
inserting ``101(b)(6)''; and
(B) in paragraph (11), by striking ``101(b)(11)''
and inserting ``101(b)(10)''.
(3) Section 105A(b) of such Act (42 U.S.C. 1973ff-4a(b)) is
amended--
(A) by striking ``Annual Report'' in the subsection
heading and inserting ``Biennial Report''; and
(B) by striking ``In the case of'' in paragraph (3)
and all that follows through ``a description'' and
inserting ``A description''.
SEC. 107. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2014 and each succeeding election for Federal office.
TITLE II--PROVISION OF VOTER ASSISTANCE TO MEMBERS OF THE ARMED FORCES
SEC. 201. PROVISION OF ANNUAL VOTER ASSISTANCE.
(a) Annual Voter Assistance.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1566a the following
new section:
``Sec. 1566b. Annual voter assistance
``(a) In General.--The Secretary of Defense shall carry out the
following activities:
``(1) In coordination with the Secretary of each military
department--
``(A) affirmatively offer, on an annual basis, each
member of the armed forces on active duty (other than
active duty for training) the opportunity, through the
online system developed under paragraph (2), to--
``(i) register to vote in an election for
Federal office;
``(ii) update the member's voter
registration information; or
``(iii) request an absentee ballot;
``(B) provide services to such members for the
purpose of carrying out the activities in clauses (i),
(ii), and (iii) of subparagraph (A); and
``(C) require any such member who declines the
offer for voter assistance under subparagraph (A) to
indicate and record that decision.
``(2) Implement an online system that, to the extent
practicable, is integrated with the existing systems of each of
the military departments and that--
``(A) provides an electronic means for carrying out
the requirements of paragraph (1);
``(B) in the case of an individual registering to
vote in a State that accepts electronic voter
registration and operates its own electronic voter
registration system using a form that meets the
requirements for mail voter registration forms under
section 9(b) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-7(b)), directs such individual
to that system; and
``(C) in the case of an individual using the
official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to
register to vote and request an absentee ballot--
``(i) pre-populates such official postcard
form with the personal information of such
individual, and
``(ii)(I) produces the pre-populated form
and a pre-addressed envelope for use in
transmitting such official postcard form; or
``(II) transmits the completed official
postcard form electronically to the appropriate
State or local election officials.
``(3) Implement a system (either independently or in
conjunction with the online system under paragraph (2)) by
which any change of address by a member of the armed forces on
active duty who is undergoing a permanent change of station,
deploying overseas for at least six months, or returning from
an overseas deployment of at least six months automatically
triggers a notification via electronic means to such member
that--
``(A) indicates that such member's voter
registration or absentee mailing address should be
updated with the appropriate State or local election
officials; and
``(B) includes instructions on how to update such
voter registration using the online system developed
under paragraph (2).
``(b) Data Collection.--The online system developed under
subsection (a)(2) shall collect and store all data required to meet the
reporting requirements of section 201(b) of the Safeguarding Elections
for our Nation's Troops through Reforms and Improvements Act and
section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-4a(b)(2)) in a manner that complies with
section 552a of title 5, United States Code, (commonly known as the
Privacy Act of 1974) and imposes no new record management burden on any
military unit or military installation.
``(c) Timing of Voter Assistance.--To the extent practicable, the
voter assistance under subsection (a)(1) shall be offered as a part of
each servicemember's annual training.
``(d) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Defense shall prescribe
regulations implementing the requirements of subsection (a). Such
regulations shall include procedures to inform those members of the
armed forces on active duty (other than active duty for training)
experiencing a change of address about the benefits of this section and
the timeframe for requesting an absentee ballot to ensure sufficient
time for State delivery of the ballot.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by inserting
after the item relating to section 1566a the following new
item:
``1566b. Annual voter assistance.''.
(b) Report on Status of Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the relevant committees of Congress a report on the
status of the implementation of the requirements of section
1566b of title 10, United States Code, as added by subsection
(a)(1).
(2) Elements.--The report under paragraph (1) shall
include--
(A) a detailed description of any specific steps
already taken towards the implementation of the
requirements of such section 1566b;
(B) a detailed plan for the implementation of such
requirements, including milestones and deadlines for
the completion of such implementation;
(C) the costs expected to be incurred in the
implementation of such requirements;
(D) a description of how the annual voting
assistance and system under subsection (a)(3) of such
section will be integrated with the applicable
Department of Defense personnel databases that track
military servicemembers' address changes;
(E) an estimate of how long it will take an average
member to complete the voter assistance process
required under subsection (a)(1) of such section;
(F) an explanation of how the Secretary of Defense
will collect reliable data on the utilization of the
online system under subsection (a)(2) of such section;
and
(G) a summary of any objections, concerns, or
comments made by State or local election officials
regarding the implementation of such section.
(3) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committees on Appropriations, Armed
Services, and Rules and Administration of the Senate;
and
(B) the Committees on Appropriations, Armed
Services, and House Administration of the House of
Representatives.
TITLE III--ELECTRONIC VOTING SYSTEMS
SEC. 301. REPEAL OF ELECTRONIC VOTING DEMONSTRATION PROJECT.
Section 1604 of the National Defense Authorization Act for Fiscal
Year 2002 (42 U.S.C. 1973ff note) is repealed.
TITLE IV--RESIDENCY OF MILITARY FAMILY MEMBERS
SEC. 401. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO
FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.
(a) In General.--Subsection (b) of section 705 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended--
(1) by striking ``a person who is absent from a State
because the person is accompanying the persons's spouse who is
absent from that same State in compliance with military or
naval orders shall not, solely by reason of that absence'' and
inserting ``a dependent of a person who is absent from a State
in compliance with military orders shall not, solely by reason
of absence, whether or not accompanying that person''; and
(2) in the heading by striking ``Spouses'' and inserting
``Dependents''.
(b) Conforming Amendment.--The heading of section 705 of such Act
(50 U.S.C. App. 595) is amended by striking ``spouses'' and inserting
``dependents''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to absences from States described in section 705(b)
of the Servicemembers Civil Relief Act (50 U.S.C. App. 595(b)), as
amended by subsection (a), after the date of the enactment of this Act,
regardless of the date of the military orders concerned.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committees on Armed Services, and Veterans' Affairs, 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 Armed Services, and Veterans' Affairs, 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 Armed Services, and Veterans' Affairs, 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 Subcommittee on Military Personnel.
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