II
Calendar No. 114
111th CONGRESS
1st Session
S. 1415
IN THE SENATE OF THE UNITED STATES
July 8, 2009
Mr. Schumer (for himself, Mr. Chambliss, Mr. Nelson of Nebraska, Mr. Isakson, Ms. Cantwell, Mrs. Shaheen, Mr. Burris, Mr. Vitter, Mr. Casey, Mr. Pryor, Mr. Byrd, Mr. Bennett, Mr. Udall of New Mexico, Mr. Inouye, Mrs. Feinstein, Mr. Durbin, Mrs. Murray, Mr. Warner, Mrs. Hutchison, Mr. Alexander, Mr. Cornyn, Mr. Conrad, Mr. Brownback, Mr. Specter, Mr. Wicker, Mr. Burr, Mr. Lieberman, Mr. Roberts, Mr. Risch, Mrs. Lincoln, Mr. Thune, and Mr. Bond) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration
July 16, 2009
Reported by Mr. Schumer, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to ensure that absent uniformed services voters and overseas voters are aware of their voting rights and have a genuine opportunity to register to vote and have their absentee ballots cast and counted, and for other purposes.
Short title
This Act may be cited as
the Military and Overseas Voter
Empowerment Act
.
Findings
Congress makes the following findings:
The right to vote is a fundamental right.
Due to logistical, geographical, operational and environmental barriers, military and overseas voters are burdened by many obstacles that impact their right to vote and register to vote, the most critical of which include problems transmitting balloting materials and not being given enough time to vote.
States play an essential role in facilitating the ability of military and overseas voters to register to vote and have their ballots cast and counted, especially with respect to timing and improvement of absentee voter registration and absentee ballot procedures.
The Department of Defense educates military and overseas voters of their rights under the Uniformed and Overseas Citizens Absentee Voting Act and plays an indispensable role in facilitating the procedural channels that allow military and overseas voters to have their votes count.
The local, State, and Federal Government entities involved with getting ballots to military and overseas voters must work in conjunction to provide voter registration services and balloting materials in a secure and expeditious manner.
Clarification regarding delegation of State responsibilities
A State may delegate its responsibilities in carrying out the requirements under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) imposed as a result of the provisions of and amendments made by this Act to jurisdictions of the State.
Establishment
of procedures for absent uniformed services voters and overseas voters To
request and for states To send voter registration applications and absentee
ballot applications by mail, electronically, and by
facsimileby mail
or electronically
In general
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—
in subsection (a)—
in paragraph (4), by striking
and
at the end;
in paragraph (5),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following new paragraph:
in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures—
for absent
uniformed services voters and overseas voters to request
by mail, electronically,
and by facsimileby mail or electronically voter
registration applications and absentee ballot applications with respect to
general, special, primary, and runoff elections for Federal office in
accordance with subsection (e);
for States to
send by mail,
electronically, and by facsimileby mail or electronically (in
accordance with the preferred method of transmission designated by the absent
uniformed services voter or overseas voter under subparagraph (C)) voter
registration applications and absentee ballot applications requested under
subparagraph (A) in accordance with subsection (e); and
by which the
absent uniformed services voter or overseas voter can designate whether they
prefer for such voter registration application or absentee ballot application
to be transmitted by
mail, electronically, or by facsimile.by mail or
electronically.
; and
by adding at the end the following new subsection:
Designation of email address and facsimile number for absent uniformed services voters and overseas voters To request and for states To send voter registration applications and absentee ballot applications, and for other purposes related to voting information
In general
Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 email address and not less than 1 facsimile number—
Designation of means of electronic communication for absent uniformed services voters and overseas voters to request and for states to send voter registration applications and absentee ballot applications, and for other purposes related to voting information
In general
Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication (such as an email address, Internet website, or facsimile)—
for use by absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(6);
for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and
for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters.
Clarification regarding provision of multiple means of electronic communication
A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means of electronic communication for the appropriate jurisdiction of the State.
Inclusion of designated email address and facsimile number on balloting materials and related communications
Each State shall include an email address and facsimile number so designated on all balloting materials and related communications sent by the State to absent uniformed services voters and overseas voters.
Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials
Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to absent uniformed services voters and overseas voters.
Availability and maintenance of online repository of State contact information
The Federal Voting Assistance Program of the
Department of Defense shall maintain and make available to the public an online
repository of State contact information with respect to elections for Federal
office, including the single State office designated under subsection (b) and
the email address and
facsimile numbermeans of electronic
communication designated under paragraph (1), to be used by
absent uniformed services voters and overseas voters as a resource to send
voter registration applications and absentee ballot applications to the
appropriate jurisdiction in the State.
Transmission if no preference indicated
In the case where an absent uniformed services voter or overseas voter does not designate a preference under subsection (a)(6)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.
Privacy protections
The procedures established under subsection (a)(6) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter who requests or is sent a voter registration application or absentee ballot application under such subsection is protected throughout the process of making such request or being sent such application.
Security and privacy protections
Security protections
To the extent practicable, States shall ensure that the procedures established under subsection (a)(6) protect the security and integrity of the voter registration and absentee ballot application request processes.
Privacy protections
To the extent practicable, the procedures established under subsection (a)(6) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter who requests or is sent a voter registration application or absentee ballot application under such subsection is protected throughout the process of making such request or being sent such application.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Establishment
of procedures for States to transmit blank absentee ballots by
mail, online, and by
facsimilemail
and electronically to absent uniformed services voters and
overseas voters
In general
Section 102 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as
amended by section 34, is amended—
in subsection (a)—
in paragraph (5), by striking
and
at the end;
in paragraph (6),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following new paragraph:
in addition to any other method of
transmitting blank absentee ballots in the State, establish procedures for
transmitting by mail,
electronically, and by facsimileby mail and electronically blank
absentee ballots to absent uniformed services voters and overseas voters with
respect to general, special, primary, and runoff elections for Federal office
in accordance with subsection (f).
; and
by adding at the end the following new subsection:
Transmission of
blank absentee ballots by
mail, online, and by
facsimilemail
and electronically
In general
Each State shall establish procedures—
to transmit blank absentee ballots by
mail, electronically,
and by facsimilemail and electronically (in
accordance with the preferred method of transmission designated by the absent
uniformed services voter or overseas voter under subparagraph (B)) to absent
uniformed services voters and overseas voters for an election for Federal
office; and
by which the absent uniformed services
voter or overseas voter can designate whether they prefer for such blank
absentee ballot to be transmitted
by mail, electronically,
or by facsimileby mail and
electronically.
Transmission if no preference indicated
In the case where an absent uniformed services voter or overseas voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.
Privacy protections
The procedures established under subsection (a)(7) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission.
Security and privacy protections
Security protections
To the extent practicable, States shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots.
Privacy protections
To the extent practicable, the procedures established under subsection (a)(7) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Ensuring absent uniformed services voters and overseas voters have time to vote
In general
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by section 4, is amended—
in subsection (a)—
in paragraph (6),
by striking and
at the end;
in paragraph (7), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new paragraphs:
except as provided in subsection (g), transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter—
in the case where the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and
in the case where the request is received less than 45 days before an election for Federal office—
in accordance with State law; and
if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and
except as provided in subsection (g), accept and count a marked absentee ballot of an absent uniformed services voter or overseas voter that is postmarked or otherwise officially dated on or before the election for Federal office involved if the marked absentee ballot is received by the State on or before the later of—
the date that is 55 days after the date on which a validly requested absentee ballot is required to be transmitted under paragraph (8)(A); or
the date on which the State certifies the election.
; and
by adding at the end the following new subsection:
Exemption of certain states from certain time requirements
In general
A State is not required to comply with the requirements of paragraphs (8) and (9) of subsection (a) if, on and after the date of enactment of this subsection, the State has in effect a law providing that a State absentee ballot is required to be available to any absent uniformed services voter or overseas voter not later than 55 days before the election for Federal office involved (determined beginning on the date on which the State transmits a blank absentee ballot to an absent uniformed services voter or overseas voter and ending on the deadline of the State for receipt of such application).
Hardship exemption
In general
If the chief State election official determines that the State is unable to meet the requirements under such paragraphs with respect to an election for Federal office due to an undue hardship described in subparagraph (B)(ii), the chief State election official shall request that the Presidential designee grant a waiver to the State of the application of such paragraphs. Such request shall include—
a recognition that the purpose of such paragraphs is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office;
an explanation of the hardship that indicates why the State is unable to transmit absent uniformed services voters and overseas voters an absentee ballot in accordance with such paragraphs;
the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to absent uniformed services voters and overseas voters; and
a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes—
the steps the State will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, mark, and submit their ballots in time to have those ballots counted in the election;
why the plan provides absent uniformed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such paragraphs; and
the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements.
Approval of waiver request
The Presidential designee shall approve a waiver request under subparagraph (A) if the Presidential designee determines each of the following requirements are met:
The comprehensive plan under clause (iv) of such subparagraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office.
One or more of the following issues creates an undue hardship for the State:
The State’s primary election date prohibits the State from complying with such paragraphs (8) and (9).
The State has suffered a delay in generating ballots due to a legal contest with respect to a primary election.
The State Constitution prohibits the State from complying with such paragraphs.
Timing of waiver
In general
Except as provided under clause (ii), a State that requests a waiver under subparagraph (A) shall submit to the Presidential designee the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Presidential designee shall approve or deny the waiver request not later than 65 days before such election.
Exception
If a State requests a waiver under subparagraph (A) as the result of an undue hardship described in subparagraph (B)(ii)(II), the State shall submit to the Presidential designee the written waiver request as soon as practicable. The Presidential designee shall approve or deny the waiver request not later than 5 business days after the date on which the request is received.
Application of waiver
A waiver approved under subparagraph (B) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted a request under subparagraph (A) with respect to such election.
.
Runoff elections
Section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)), as amended by subsection (a), is amended—
in paragraph (8),
by striking and
at the end;
in paragraph (9),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following new paragraph:
if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner that gives them sufficient time to vote in the runoff election.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
In general
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)(1)), as amended by section 5, is amended—
in subsection (a)—
in paragraph (1), by inserting and,
except as provided in subsection (g), transmit validly requested absentee
ballots to such voters, in the case where the request is received at least 45
days before an election for Federal office, not later than 45 days before the
election
before the semicolon at the end;
in paragraph (6), by
striking and
at the end;
in paragraph (7), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new paragraph:
transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter, in the case where the request is received less than 45 days before an election for Federal office—
in accordance with State law; and
if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot.
.
by adding at the end the following new subsection:
Hardship exemption
In general
If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(1) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Presidential designee grant a waiver to the State of the application of such subsection. Such request shall include—
a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office;
an explanation of the hardship that indicates why the State is unable to transmit absent uniformed services voters and overseas voters an absentee ballot in accordance with such subsection;
the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to absent uniformed services voters and overseas voters; and
a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes—
the steps the State will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, mark, and submit their ballots in time to have those ballots counted in the election;
why the plan provides absent uniformed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such subsection; and
the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements.
Approval of waiver request
After consulting with the Attorney General, the Presidential designee shall approve a waiver request under paragraph (1) if the Presidential designee determines each of the following requirements are met:
The comprehensive plan under subparagraph (D) of such paragraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office.
One or more of the following issues creates an undue hardship for the State:
The State’s primary election date prohibits the State from complying with subsection (a)(1).
The State has suffered a delay in generating ballots due to a legal contest.
The State Constitution prohibits the State from complying with such subsection.
Timing of waiver
In general
Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Presidential designee the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Presidential designee shall approve or deny the waiver request not later than 65 days before such election.
Exception
If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Presidential designee the written waiver request as soon as practicable. The Presidential designee shall approve or deny the waiver request not later than 5 business days after the date on which the request is received.
Application of waiver
A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election.
.
Runoff elections
Section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)), as amended by subsection (a), is amended—
in paragraph (7), by
striking and
at the end;
in paragraph (8), by
striking the period at the end and inserting ; and
; and
by adding at the end the following new paragraph:
if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner that gives them sufficient time to vote in the runoff election.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Voters
In General
The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section:
Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Voters
Collection
The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under section 103, and for delivering the ballots to the appropriate State election officials.
Utilization of express mail delivery services
Under the procedures established under this section, the Presidential designee, working in conjunction with the United States Postal Service, shall implement procedures that provide absent uniformed services voters access to express mail delivery service for the purpose of mailing marked absentee ballots to the appropriate State election official. Such procedures shall ensure that the following requirements are met:
No postage requirement
In accordance with section 3406 of title 39, United States Code, such marked absentee ballots and other balloting materials are carried free of postage.
Date of mailing
Such marked absentee ballots are postmarked with a record of the date on which the ballot is mailed.
Absent Overseas Uniformed Services Voter Defined
In this section, the term absent overseas uniformed services voter means an overseas voter described in section 107(5)(A).
.
Conforming Amendment
Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended—
by striking
and
at the end of paragraph (6);
by striking the
period at the end of paragraph (7) and inserting ; and
;
and
by adding at the end the following new paragraph:
carry out section 103A with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office.
.
Tracking marked ballots
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)), as amended by section 5, is amended by adding at the end the following new subsection:
Tracking marked ballots
The chief State election official, in coordination with local election jurisdictions, shall develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the absent uniformed services voter or overseas voter has been received by the appropriate State election official.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Voters
In General
The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section:
Procedures for Collection and Delivery of Marked Absentee Ballots of Absent Overseas Uniformed Services Voters
Establishment of procedures
The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under section 103, and for delivering such marked absentee ballots to the appropriate State election officials.
Delivery to local election officials
In general
Under the procedures established under this section, the Presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots of absent uniformed services voters for regularly scheduled general elections for Federal office to the appropriate State election officials in accordance with this section.
Cooperation and coordination with the United States Postal Service
The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, and shall provide expedited mail delivery service for all such marked absentee ballots of absent uniformed services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service.
Deadline described
In general
Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the seventh day preceding the date of the regularly scheduled general election for Federal office.
Authority to establish alternative deadline for certain locations
If the Presidential designee determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to provide timely delivery of the ballot under paragraph (1).
No postage requirement
In accordance with section 3406 of title 39, United States Code, such marked absentee ballots and other balloting materials shall be carried free of postage.
Date of mailing
Such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed.
Outreach for absent overseas uniformed services voters on procedures
The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for Federal office to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots pursuant to this section.
Reports on utilization of procedures
Reports required
Not later than 180 days after each regularly scheduled general election for Federal office to which this section applies, the Presidential designee shall submit to the relevant committees of Congress a report on the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section during such election.
Elements
Each report under paragraph (1) shall include, for the general election covered by such report, a description of the utilization of the procedures described in that paragraph during such general election, including the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons such ballots were not so delivered).
Relevant committees of congress defined
In this subsection, the term relevant committees of Congress means—
the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and
the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.
Absent overseas uniformed services voter defined
In this section, the term absent overseas uniformed services voter means an overseas voter described in section 107(5)(A).
Authorization of appropriations
There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section.
.
Conforming Amendment
Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended—
by striking
and
at the end of paragraph (6);
by striking the period at
the end of paragraph (7) and inserting ; and
; and
by adding at the end the following new paragraph:
carry out section 103A with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office.
.
State responsibilities
Section 102(a) of such Act (42 U.S.C. 1973ff–1(a)), as amended by section 6, is amended—
in paragraph (8), by
striking and
at the end;
in paragraph (9), by
striking the period at the end and inserting ; and
; and
by adding the following new paragraph:
carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.
.
Tracking marked ballots
Section 102 of such Act (42 U.S.C. 1973ff–1(a)), as amended by section 6, is amended by adding at the end the following new subsection:
Tracking marked ballots
The chief State election official, in coordination with local election jurisdictions, shall develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the absent uniformed services voter or overseas voter has been received by the appropriate State election official.
.
Report on status of implementation
Report required
Not later than 180 days after the date of the enactment of this Act, the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)) shall submit to the relevant committees of Congress a report on the status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under section 103A of such Act, as added by subsection (a).
Elements
The report under paragraph (1) shall include a status of the implementation of such procedures and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for Federal office held in November 2010.
Relevant committees of congress defined
In this subsection, the term relevant committees of Congress has the meaning given such term in section 103A(d)(3) of the Uniformed and Overseas Citizens Absentee Voting Act, as added by subsection (a).
Protecting voter privacy and secrecy of absentee ballots
Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended—
by striking
and
at the end of paragraph (7);
by striking the period at
the end of paragraph (8) and inserting ; and
; and
by adding at the end the following new paragraph:
to the greatest extent practicable, take such actions as may be necessary—
to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and
to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Federal write-in absentee ballot
Use in general, special, primary, and runoff elections for Federal office
In general
Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–2) is amended—
in subsection
(a), by striking general elections for Federal office
and
inserting general, special, primary, and runoff elections for Federal
office
;
in subsection
(e), in the matter preceding paragraph (1), by striking a general
election
and inserting a general, special, primary, or runoff
election for Federal office
; and
in subsection
(f), by striking the general election
each place it appears and
inserting the general, special, primary, or runoff election for Federal
office
.
Effective date
The amendments made by this subsection shall take effect on December 31, 2010, and apply with respect to elections for Federal office held on or after such date.
Promotion and expansion of use
Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–2) is amended—
by striking
General.—The Presidential
and inserting
“General.—
Federal write-in absentee ballot
The Presidential
; and
by adding at the end the following new paragraph:
Promotion and expansion of use of Federal write-in absentee ballots
In general
Not later than December 31, 2011, the Presidential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office.
Use of technology
Under such procedures, the Presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may—
enter the address of the voter or other information relevant in the appropriate jurisdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that jurisdiction; and
submit the marked Federal write-in absentee ballot by printing the ballot (including complete instructions for submitting the marked Federal write-in absentee ballot to the appropriate State election official and the mailing address of the single State office designated under section 102(b)).
.
Prohibiting
refusal to accept voter registration and absentee ballot applications, marked
absentee ballots, and federal write-in absentee ballots for failure to meet
technicalcertain requirements
Voter Registration and Absentee Ballot Applications
Section 102 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as
amended by section 67, is amended by adding at the
end the following new subsection:
Prohibiting
Refusal To Accept Applications for Failure To Meet
technicalcertain
Requirements
A State shall not refuse to accept and process any otherwise valid voter registration application or absentee ballot application (including the official post card form prescribed under section 101) or marked absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:
Notarization requirements.
Restrictions on paper type, including weight and size.
Restrictions on envelope type, including weight and size.
.
Federal Write-In Absentee Ballot
Section 103 of such Act (42 U.S.C. 1973ff–2) is amended—
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following new subsection:
Prohibiting
Refusal To Accept Ballot for Failure To Meet
technicalcertain
Requirements
A State shall not refuse to accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:
Notarization requirements.
Restrictions on paper type, including weight and size.
Restrictions on envelope type, including weight and size.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Federal Voting Assistance Program Improvements
Federal voting assistance program improvements
In general
The Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
13971973ff et seq.), as amended by
section 67, is amended by inserting after
section 103A the following new section:
Federal voting assistance program improvements
In general
The Presidential designee shall develop standards for training, supporting, and emphasizing Voting Assistance Officers under the Federal Voting Assistance Program of the Department of Defense—
for all members of the uniformed services; and
on all installations and facilities of the uniformed services in the United States and overseas.
Duties
The Presidential designee shall carry out the following duties:
Assign Senior Voting Assistance Officers as follows:
Assign 1 Senior Voting Assistance Officer on each installation or facility and in each organization of the uniformed services, at the 0–6 level, to coordinate the programs conducted by subordinate units and tenant commands.
To the extent practicable, subject to clause (iii), an individual assigned under this subparagraph as the Senior Voting Assistance Officer on an installation or facility or in an organization shall be an employee in a position at GS–12 or higher of the General Schedule, or, if a member of a uniformed service is so assigned, the member shall be in a pay grade of O–4 or higher.
In the case where the number of individuals on the installation or facility or in the organization at the 0–6 level is less than 50, the Senior Voting Assistance Officer shall be assigned at the next highest level that has at least 50 individual assigned to it.
To the extent practicable, each individual assigned under this subparagraph shall notify individuals on the installation or facility or in the organization of the last date before a regularly scheduled general election for Federal office on which absentee ballots mailed from that installation, facility, or organization may reasonably be expected to be delivered in time to be counted in such election.
Assign 1 Senior Voting Assistance Officer to each reserve component at its headquarters level.
Designate and assign in writing 1 Voting Assistance Officer to each unit, installation, or facility of the uniformed services for every 50 members of a uniformed service permanently assigned to the unit, installation, or facility. A member of a uniformed service assigned under the preceding sentence shall hold a pay grade of not less than O–2 for officers or E–7 for enlisted personnel. Voting Assistance Officers assigned under this paragraph shall operate under the guidance of Senior Voting Assistance Officers assigned under paragraph (1).
Ensure that Voting Assistance Officers are available and equipped to—
personally assist absent uniformed services voters with respect to each election for Federal office; and
ensure that any absent uniformed services voter who appears to need assistance in reading or understanding the English language on voter registration or voting materials receives immediate assistance with balloting materials in the appropriate language.
Provide Voting Assistance Officers with time and resources needed to perform their voting assistance duties, especially during even-numbered years.
Develop online portals of information for use by Voting Assistance Officers—
for training purposes; and
to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for Federal office.
Establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the Federal postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for Federal office.
Include, in the standard forms provided to a new member of the uniformed services during in-processing upon arrival at installations and bases of the uniformed services, information on voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters (including the official post card form prescribed under section 101).
Provide clear written notice and instructions for the absent uniformed services voter to change their address by submitting the official post card form prescribed under section 101 to the appropriate State election official.
Not later than December 31 of each year, transmit to the President and to Congress a report on the effectiveness of activities carried out under this section, including the activities and actions of the Federal Voting Assistance Program of the Department of Defense, a separate assessment of voter registration and participation by absent uniformed overseas voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, and a description of the cooperation between the States and the Federal Government in carrying out this section.
Duties
The Presidential designee shall carry out the following duties:
Develop online portals of information to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for Federal office.
Establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the Federal postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for Federal office.
Not later than December 31 of each year, transmit to the President and to Congress a report on the effectiveness of activities carried out under this section, including the activities and actions of the Federal Voting Assistance Program of the Department of Defense, a separate assessment of voter registration and participation by absent uniformed overseas voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, and a description of the cooperation between the States and the Federal Government in carrying out this section.
Assessment of effectiveness of voting assistance officer program
Not later than 90 days after the date of enactment of this subsection, the Presidential designee shall submit to Congress a report containing the following:
A thorough and complete assessment of whether the Voting Assistance Officer Program of the Department of Defense, as configured and implemented as of such date of enactment, is effectively assisting members of the Armed Forces in exercising their right to vote.
An inventory and explanation of any areas of voter assistance in which such Program has failed to accomplish its stated objectives and effectively assist members of the Armed Forces in exercising their right to vote.
A detailed plan for the implementation of a new program to replace such Program and supplement, as needed, voter assistance activities required to be performed under this section.
Clarification regarding other duties and obligations
Nothing in this section shall relieve the Presidential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000.04 (or any successor directive or regulation) that is not inconsistent or contradictory to the provisions of this section.
Authorization of appropriations
There are authorized to be appropriated to the Federal Voting Assistance Program of the Department of Defense (or a successor program) such sums as are necessary for purposes of carrying out this section.
.
Conforming Amendments
Section 101 of such Act (42 U.S.C. 1973ff), as amended
by section 67, is amended—
in subparagraph (b)—
by
striking and
at the end of paragraph
(7)(8);
by
striking the period at the end of paragraph
(8)(9) and inserting ;
and
; and
by adding at the end the following new paragraph:
carry out section 103B with respect to Federal Voting Assistance Program Improvements.
; and
by adding at the end the following new subsection:
Authorization of appropriations for carrying out Federal Voting Assistance Program Improvements
There are authorized to be appropriated to
the Presidential designee such sums as are necessary for purposes of carrying
out subsection (b)(9)(10).
.
Treatment of military pay, personnel, and identification offices and certain other offices as voter registration agencies
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by section 8, is amended by adding at the end the following new subsection:
Treatment of military pay, personnel, and identification offices and certain offices as voter registration agencies
Pay, personnel, and identification offices of the Department of Defense
Each State and the Secretary of Defense shall jointly develop and implement procedures for persons to apply to register to vote at pay, personnel, and identification offices of the Department of Defense. A pay, personnel, or identification office of the Department of Defense shall be considered to be a voter registration agency designated under section 7(a)(2) of the National Voter Registration Act of 1993 for all purposes of such Act.
Designation of certain offices at the installation level
In general
A Secretary of a military department may designate an office at the installation level, consistent across every installation of the department of the Secretary concerned, to serve as a voter registration agency for that department. An office designated by the Secretary concerned under the preceding sentence shall be considered to be a voter registration agency designated under section 7(a)(2) of such Act for all purposes of such Act.
Definition of military department and secretary concerned
In this paragraph, the terms military department and Secretary concerned have the meaning given such terms in paragraphs (8) and (9), respectively, of section 101 of title 10, United States Code.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
.
Voter registration assistance for absent uniformed services voters
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by section 9, is amended by adding at the end the following new subsection:
Voter registration assistance for absent uniformed services voters
Designating an office as a voter registration agency on each installation of the armed forces
Not later than 180 days after the date of enactment of this subsection, each Secretary of a military department shall take appropriate actions to designate an office on each installation of the Armed Forces under the jurisdiction of such Secretary (excluding any installation in a theater of combat), consistent across every installation of the department of the Secretary concerned, to provide each individual described in paragraph (3)—
written information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101);
the opportunity to register to vote in an election for Federal office;
the opportunity to update the individual’s voter registration information, including clear written notice and instructions for the absent uniformed services voter to change their address by submitting the official post card form prescribed under section 101 to the appropriate State election official; and
the opportunity to request an absentee ballot under this Act.
Development of procedures
Each Secretary of a military department shall develop, in consultation with each State and the Presidential designee, the procedures necessary to provide the assistance described in paragraph (1).
Individuals described
The following individuals are described in this paragraph:
An absent uniformed services voter—
who is undergoing a permanent change of duty station;
who is deploying overseas for at least 6 months;
who is or returning from an overseas deployment of at least 6 months; or
who at any time requests assistance related to voter registration.
All other absent uniformed services voters (as defined in section 107(1)).
Timing of provision of assistance
The assistance described in paragraph (1) shall be provided to an absent uniformed services voter—
described in clause (i) of paragraph (3)(A), as part of the administrative in-processing of the member upon arrival at the new duty station of the absent uniformed services voter;
described in clause (ii) of such paragraph, as part of the administrative in-processing of the member upon deployment from the home duty station of the absent uniformed services voter;
described in clause (iii) of such paragraph, as part of the administrative in-processing of the member upon return to the home duty station of the absent uniformed services voter;
described in clause (iv) of such paragraph, at any time the absent uniformed services voter requests such assistance; and
described in paragraph (3)(B), at any time the absent uniformed services voter requests such assistance.
Pay, personnel, and identification offices of the Department of Defense
The Secretary of Defense may designate pay, personnel, and identification offices of the Department of Defense for persons to apply to register to vote, update the individual’s voter registration information, and request an absentee ballot under this Act.
Treatment of offices designated as voter registration agencies
An office designated under paragraph (1) or (5) shall be considered to be a voter registration agency designated under section 7(a)(2) of the National Voter Registration Act of 1993 for all purposes of such Act.
Outreach to absent uniformed services voters
The Secretary of each military department or the Presidential designee shall take appropriate actions to inform absent uniformed services voters of the assistance available under this subsection including—
the availability of voter registration assistance at offices designated under paragraphs (1) and (5); and
the time, location, and manner in which an absent uniformed voter may utilize such assistance.
Reports
Report on status of implementation
Report required
Not later than 180 days after the date of enactment of this subsection, the Secretary of each military department or the Presidential designee shall submit to the relevant committees of Congress a report on the status of the implementation of this subsection.
Elements
The report under clause (i) shall include a detailed description of the specific steps taken towards the implementation of this subsection, including the designation of offices under paragraphs (1) and (5).
Report on utilization of voter registration assistance
Reports required
Not later than 1 year after the date of the enactment of this subsection, the Secretary of each military department or the Presidential designee shall submit to the relevant committees of Congress a report on the utilization of voter registration assistance provided under this subsection.
Elements
The report under clause (i) shall include—
a description of the specific programs implemented by each military department of the Armed Forces pursuant to this subsection; and
the number of absent uniformed services voters who utilized voter registration assistance provided under this section.
Definitions
In this subsection:
Military department and Secretary concerned
The terms military department and Secretary concerned have the meaning given such terms in paragraphs (8) and (9), respectively, of section 101 of title 10, United States Code.
Relevant committees of Congress
The term relevant committees of Congress means—
the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and
the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Development of standards for reporting and storing certain data
In general
Section 101(b) of such Act (42 U.S.C. 1973ff(b)), as
amended by section 910, is amended—
by striking
and
at the end of paragraph
(8)(9);
by striking the
period at the end of paragraph
(9)(10) and inserting ;
and
; and
by adding at the end the following new paragraph:
working with the Election Assistance Commission and the chief State election official of each State, develop standards—
for States to report data on the number of absentee ballots transmitted and received under section 102(c) and such other data as the Presidential designee determines appropriate; and
for the Presidential designee to store the data reported.
.
Conforming amendment
Section 102(a) of such Act (42 U.S.C. 1973ff–1(a)), as
amended by section 57, is amended—
in paragraph (9),
by striking and
at the end;
in paragraph
(10), by striking the period at the end and inserting ; and
;
and
by adding at the end the following new paragraph:
report data on
the number of absentee ballots transmitted and received under section 102(c)
and such other data as the Presidential designee determines appropriate in
accordance with the standards developed by the Presidential designee under
section 101(b)(10)(11).
.
Effective date
The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.
Repeal of provisions relating to use of single application for all subsequent elections
In general
Subsections (a) through (d) of section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) are repealed.
Conforming amendments
The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended—
in section 101(b)—
in paragraph (2), by
striking , for use by States in accordance with section 104
;
and
in paragraph (4), by
striking for use by States in accordance with section 104
;
and
in section 104, as amended by subsection (a)—
in the section heading,
by striking Use of single
application for all subsequent elections
and inserting
Prohibition of refusal of
applications on grounds of early submission
;
and
in subsection (e), by
striking (e) Prohibition
of refusal of applications on grounds of early
submission.—
.
Annual report on enforcement
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973f–4) is amended—
by striking The Attorney
and
inserting (a) In
general.—The Attorney
; and
by adding at the end the following new subsection:
Report to congress
Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under subsection (a) during the preceding year.
.
Requirements payments
Use of funds
Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended—
in paragraph (1),
by striking paragraph (2)
and inserting paragraphs (2)
and (3)
; and
by adding at the end the following new paragraph:
Activities under Uniformed and Overseas Citizens Absentee Voting Act
A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 257(4) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.
.
Requirements
State plan
Section 254 of the Help America Vote Act of 2002 (42 U.S.C. 15404) is amended—
in subsection
(a), by striking The State
and inserting Subject to
subsection (c), the State
;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection:
State plan for certain requirements payments
In the case
ofIn the case
where a State is seeking a requirements payment made using funds
appropriated pursuant to the authorization under section 257(4), the State plan
shall contain a description of how the State will use such requirements payment
to meet the requirements under the Uniformed and Overseas Absentee Voting Act
imposed as a result of the provisions of and amendments made by the
Military and Overseas Voter Empowerment
Act.
.
Conforming amendments
Section 253(b) of the Help America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended—
in paragraph
(1)(A), by striking section 254
and inserting subsection
(a) of section 254 (or,
; andin the case
ofin the case
where a State is seeking a requirements payment made using funds
appropriated pursuant to the authorization under section 257(4), subsection (c)
of such section)
in paragraph (2)—
by striking
(2) The State
and inserting (2)(A) Subject to
subparagraph (B), the State
; and
by inserting after subparagraph (A), as added by clause (i), the following new subparagraph:
The requirement under subparagraph (A) shall not apply in the case of a requirements payment made using funds appropriated pursuant to the authorization under section 257(4).
.
Authorization
Section 257 of the Help America Vote Act of 2002 (42 U.S.C. 15407) is amended by adding at the end the following new paragraph:
For fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of making requirements payments to States to carry out the activities described in section 251(b)(3).
.
Technology pilot program
Definitions
In this section:
Absent uniformed services voter
The term absent uniformed services voter has the meaning given such term in section 107(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).
Overseas voter
The term overseas voter has the meaning given such term in section 107(5) of such Act.
Presidential designee
The term Presidential designee means the individual designated under section 101(a) of such Act.
Establishment
In general
The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).
Design and conduct
The design and conduct of a pilot program established under this subsection—
shall be at the discretion of the Presidential designee; and
shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office.
Considerations
In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues:
The transmission of electronic voting material across military networks.
Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques.
The transmission of ballot representations and scanned pictures in a secure manner.
Capturing, retaining, and comparing electronic and physical ballot representations.
Utilization of voting stations at military bases.
Document delivery and upload systems.
The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures.
Reports
The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this subsection, together with recommendations—
for the conduct of additional pilot programs under this section; and
for such legislation and administrative action as the Presidential designee determines appropriate.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
July 16, 2009
Reported with amendments
