H.R. 5642 (106th): Armed Services Vote Rescue Act

106th Congress, 1999–2000. Text as of Dec 06, 2000 (Introduced).

Status & Summary | PDF | Source: GPO

HR 5642 IH

106th CONGRESS

2d Session

H. R. 5642

To prohibit a State from determining that a ballot submitted by an absent uniformed services voter was improperly or fraudulently cast unless the State finds clear and convincing evidence of fraud, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 6, 2000

Mr. SALMON (for himself, Mr. WELDON of Pennsylvania, Mr. KOLBE, Mr. GILMAN, Mr. BACHUS, Mr. LATOURETTE, Mr. CRANE, Mr. BARTLETT of Maryland, Mr. DELAY, Mr. FRELINGHUYSEN, Mr. ROYCE, Mr. SMITH of New Jersey, Mr. WATTS of Oklahoma, Mr. SHIMKUS, Mrs. FOWLER, Mr. REYNOLDS, Mr. HEFLEY, Mr. WAMP, Mr. TANCREDO, Mr. HANSEN, Mr. FOLEY, Mr. RYUN of Kansas, Mr. SCHAFFER, Mr. SKEEN, Mr. BALLENGER, Mr. COOK, Mr. HAYWORTH, Ms. HOOLEY of Oregon, Mr. KING, Mr. HILLEARY, Mr. PITTS, Mr. TIAHRT, Mr. NETHERCUTT, Mr. SOUDER, Mr. NEY, Mr. LOBIONDO, Mr. DOOLITTLE, Mr. GREENWOOD, Mrs. ROUKEMA, Mr. COMBEST, and Mr. DUNCAN) introduced the following bill; which was referred to the Committee on House Administration


A BILL

To prohibit a State from determining that a ballot submitted by an absent uniformed services voter was improperly or fraudulently cast unless the State finds clear and convincing evidence of fraud, 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 ‘Armed Services Vote Rescue Act’.

SEC. 2. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED SERVICES VOTERS IN FEDERAL ELECTIONS.

    (a) 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).

    (b) NO EFFECT ON FILING DEADLINES UNDER STATE LAW- Nothing in this section may be construed to affect the application to ballots submitted by absent uniformed services voters of any ballot submission deadline applicable under State law.

    (c) 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. 3. EFFECTIVE DATE.

    (a) IN GENERAL- Except as provided in subsection (b), this Act shall apply with respect to ballots submitted for elections for Federal office occurring after the date of the enactment of this Act.

    (b) SPECIAL RULE- In the case of any State for which the number of ballots submitted by absent uniformed services voters exceeded the margin of votes between the two candidates receiving the greatest number of votes cast for President in the State (as determined without regard to ballots submitted by absent uniformed services voters), this Act shall apply with respect to ballots submitted for the election held for the appointment of electors for President and Vice President during 2000 and for each election for Federal office held during any succeeding year.