[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5642 Introduced in House (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.
                                 <all>