[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 311 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 311

  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, to 
   direct the Secretary of Defense to prepare and submit a plan for 
 electronic voting by absent uniformed services voters, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2001

  Mr. Vitter 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, to 
   direct the Secretary of Defense to prepare and submit a plan for 
 electronic voting by absent uniformed services 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 ``Armed Services Absentee Ballot Act 
of 2001''.

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) No Effect on Ballot Request Requirements or Efforts to Prohibit 
Casting of Multiple Ballots.--Nothing in this section may be construed 
to prohibit a State from refusing to count a ballot submitted by an 
absent uniformed services voter in an election for Federal office--
            (1) in the case of a voter who had not previously requested 
        an absentee ballot as required by State law; or
            (2) to the extent necessary to ensure that the voter does 
        not cast more than one ballot in the election, whether by 
        absentee ballot or by a ballot cast at a polling place.

SEC. 3. PLAN FOR ELECTRONIC VOTING BY ABSENT UNIFORMED SERVICES VOTERS.

    Not later than April 1, 2002, the Secretary of Defense shall 
prepare and submit to Congress a plan for establishing a uniform 
electronic voting system for the use of absent uniformed services 
voters in elections for Federal office.

SEC. 4. 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)).
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