[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1377 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1377

 To ensure that military personnel do not lose the right to cast votes 
 in elections in their domicile as a result of their service away from 
  the domicile, to amend the Uniformed and Overseas Citizens Absentee 
    Voting Act to extend the voter registration and absentee ballot 
 protections for absent uniformed services personnel under such Act to 
           State and local elections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2001

Mr. Thornberry (for himself, Mr. Cunningham, Mr. Sam Johnson of Texas, 
and Mrs. Tauscher) introduced the following bill; which was referred to 
     the Committee on House Administration, and in addition to the 
Committees on Veterans' Affairs, the Judiciary, and Armed Services, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To ensure that military personnel do not lose the right to cast votes 
 in elections in their domicile as a result of their service away from 
  the domicile, to amend the Uniformed and Overseas Citizens Absentee 
    Voting Act to extend the voter registration and absentee ballot 
 protections for absent uniformed services personnel under such Act to 
           State and local elections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Overseas Voter Empowerment 
Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) National defense is a core responsibility of the 
        Federal Government, which has the sole authority to raise and 
        maintain the military, and the Federal Government has a special 
        responsibility to ensure the voting rights of military members 
        and their families are adequately protected.
            (2) Over 2,700,000 members of the military and their 
        families are stationed away from their home of record at any 
        given time.
            (3) The disenfranchisement of military voters has been 
        acknowledged since 1952, when the Subcommittee on Elections of 
        the Committee on House Administration of the House of 
        Representatives conducted hearings on the likely 
        disenfranchisement of military personnel then fighting in the 
        Korean War, and President Truman recommended the enactment of 
        temporary legislation by Congress since it ``should be possible 
        to make all the necessary changes in State laws before the 
        congressional elections of 1954.''
            (4) The most recent controversy over uncounted military 
        absentee ballots has again shown that the votes of many 
        military members and their families have not been counted 
        because of confusing State and local procedures, cumbersome 
        ballot request and submission requirements, and complicated 
        procedures and ballots.
            (5) Some States do not recognize the rights of military 
        voters and their families to vote in their domicile of origin, 
        further disenfranchising these voters and their families.
            (6) Therefore, Federal legislation is needed to protect the 
        voting rights of military personnel who serve in defense of our 
        Nation.

SEC. 3. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

    Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. 700 et seq.) is amended by adding at the end the following:
    ``Sec. 704. (a) For purposes of voting for an office of the United 
States or of a State, a person who is absent from a State in compliance 
with military or naval orders shall not, solely by reason of that 
absence--
            ``(1) be deemed to have lost a residence or domicile in 
        that State, without regard to whether or not the person intends 
        to return to that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become resident in or a resident of 
        any other State.
    ``(b) In this section, the term `State' includes a territory or 
possession of the United States, a political subdivision of a State, 
territory, or possession, and the District of Columbia.''.

SEC. 4. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR ABSENT 
              UNIFORMED SERVICES VOTERS TO STATE AND LOCAL ELECTIONS.

    (a) In General.--Section 102 of the Uniformed and Overseas Absentee 
Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) by inserting ``(a) Elections for Federal Offices.--'' 
        before ``Each State shall--''; and
            (2) by adding at the end the following:
    ``(b) Elections for State and Local Offices.--Each State shall--
            ``(1) permit absent uniformed services voters to use 
        absentee registration procedures and to vote by absentee ballot 
in general, special, primary, and runoff elections for State and local 
offices; and
            ``(2) accept and process, with respect to any election 
        described in paragraph (1), any otherwise valid voter 
        registration application from an absent uniformed services 
        voter if the application is received by the appropriate State 
        election official not less than 30 days before the election.''.
    (b) Conforming Amendment.--The heading for title I of such Act is 
amended by striking ``FOR FEDERAL OFFICE''.

SEC. 5. TREATMENT OF APPLICATIONS AND ABSENTEE BALLOTS SUBMITTED BY 
              ABSENT UNIFORMED SERVICES VOTERS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1073ff-1), as amended by section 4(a), 
is further amended by adding at the end the following new subsections:
    ``(c) Mandatory Minimum Period Between Availability of Absentee 
Ballot and Deadline for Submission for Absent Uniformed Services 
Voters.--Notwithstanding any other provision of law, a State may not 
refuse to count a ballot submitted in an election for Federal, State, 
or local office by an absent uniformed services voter on the grounds 
that the ballot was not submitted in a timely manner if the ballot was 
submitted not later than 30 days after the date on which the ballot was 
made available by the State.
    ``(d) Standard for Invalidation of Ballots Submitted by Absent 
Uniformed Services Voters.--
            ``(1) In general.--A State may not refuse to count a ballot 
        submitted in an election for Federal office by an absent 
        uniformed services voter on the grounds that the ballot was 
        improperly or fraudulently cast unless the State finds clear 
        and convincing evidence of fraud in the preparation or casting 
        of the ballot by the voter. For purposes of the previous 
        sentence, the lack of a witness signature, address, postmark, 
        or other identifying information may not be considered clear 
        and convincing evidence of fraud (absent any other information 
        or evidence).
            ``(2) No effect on filing deadlines under state law.--
        Nothing in this subsection may be construed to affect the 
        application to ballots submitted by absent uniformed services 
        voters of any ballot submission deadline applicable under State 
        law (taking into account the requirements of subsection (c)).
    ``(e) Prohibiting Refusal of Applications on Grounds of Early 
Submission.--A State may not refuse to accept or process, with respect 
to any general, special, primary, or runoff election for Federal 
office, any otherwise valid voter registration application or absentee 
ballot application from an absent uniformed services voter during a 
year on the grounds that the voter submitted the application before the 
first date on which the State otherwise accepts or processes such 
applications from absentee voters during the year.''.
    (b) Use of Single Application for Absentee Ballots for All Federal 
Elections.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as 
amended by section 4(a), is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) accept and process, with respect to all general, 
        special, primary, and runoff elections for Federal office 
        occurring during a year, any otherwise valid absentee ballot 
        application from an absent uniformed services voter or overseas 
        voter, if a single application for all such elections is 
        received by the appropriate State election official not less 
        than 30 days before the first election for Federal office 
        occurring during the year; and''.
    (c) Recommendation Regarding Extension of Period Between 
Availability of Absentee Ballot and Deadline for Submission.--Section 
104 of such Act (42 U.S.C. 1973ff-3) is amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(10) find that any ballot submitted in an election for 
        Federal, State, or local office by an absent uniformed services 
        voter was submitted in a timely manner if the ballot was 
        submitted not later than 45 days after the date on which the 
        ballot was made available by the State.''.

SEC. 6. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED SERVICES VOTERS 
              TO RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.

    The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.) is amended by inserting after section 104 the following 
new section:

``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.

    ``(a) In General.--For purposes of this Act, an individual who is a 
separated uniformed services voter (or the spouse or dependent of such 
an individual) shall be treated in the same manner as an absent 
uniformed services voter with respect to any election occurring during 
the 60-day period which begins on the date the individual becomes a 
separated uniformed services voter.
    ``(b) Separated Uniformed Services Voter Defined.--
            ``(1) In general.--In this section, the term `separated 
        uniformed services voter' means an individual who--
                    ``(A) is separated from the uniformed services;
                    ``(B) was a uniformed services voter immediately 
                prior to separation;
                    ``(C) presents to an appropriate election official 
                Department of Defense Form 214 showing that the 
                individual meets the requirements of subparagraphs (A) 
                and (B) (or any other official proof of meeting such 
                requirements); and
                    ``(D) is otherwise qualified to vote with respect 
                to the election involved.
            ``(2) Uniformed services voter.--In paragraph (1), the term 
        `uniformed services voter' means--
                    ``(A) a member of a uniformed service on active 
                duty; or
                    ``(B) a member of the merchant marine.''.

SEC. 7. ELECTRONIC VOTING DEMONSTRATION PROJECT.

    (a) In General.--The Secretary of Defense shall carry out a 
demonstration project under which absent uniformed services voters 
shall be permitted to cast ballots in the regularly scheduled general 
election for Federal office for November 2002 through an electronic 
voting system.
    (b) Coordination With State Election Officials.--To the greatest 
extent practicable, the Secretary shall carry out the demonstration 
project under this section through cooperative agreements with State 
election officials.
    (c) Report to Congress.--Not later than June 1, 2003, the Secretary 
shall submit a report to Congress analyzing the demonstration project 
conducted under this section, and shall include in the report any 
recommendations the Secretary considers appropriate for continuing the 
project on an expanded basis during the next regularly scheduled 
general election for Federal office.

SEC. 8. ABSENT UNIFORMED SERVICES VOTER DEFINED.

    In this Act, the term ``absent uniformed services voter'' has the 
meaning given such term in section 107(1) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)).

SEC. 9. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to ballots submitted for elections occurring after the date of 
the enactment of this Act.
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