[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5575 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5575

To amend titles 10 and 18, United States Code, and the Revised Statutes 
to remove the uncertainty regarding the authority of the Department of 
   Defense to permit buildings located on military installations and 
 reserve component facilities to be used as polling places in Federal, 
             State, and local elections for public office.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2002

   Mr. Kirk (for himself, Mr. Langevin, Mr. Thomas, and Mr. Platts) 
 introduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committee on the Judiciary, 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 amend titles 10 and 18, United States Code, and the Revised Statutes 
to remove the uncertainty regarding the authority of the Department of 
   Defense to permit buildings located on military installations and 
 reserve component facilities to be used as polling places in Federal, 
             State, and local elections for public office.

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

SECTION 1. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE 
              COMPONENT FACILITIES AS POLLING PLACES.

    (a) Limited Use of Military Installations Authorized.--Section 2670 
of title 10, United States Code, is amended--
            (1) by striking ``Under'' and inserting ``(a) Use by Red 
        Cross.--Under'';
            (2) by striking ``this section'' and inserting ``this 
        subsection''; and
            (3) by adding at the end the following new subsection:
    ``(b) Use as Polling Places.--(1) Notwithstanding any other 
provision of law, the Secretary of a military department may make a 
building located on a military installation under the jurisdiction of 
the Secretary available for use as a polling place in any Federal, 
State, or local public election, but only if such use is limited to 
eligible voters who reside on that military installation.
    ``(2) If a building located on a military installation is made 
available under paragraph (1) as the site of a polling place, the 
Secretary shall continue to make the building available for subsequent 
elections for public office unless the Secretary provides to the 
appropriate State or local election officials advance notice, in a 
reasonable and timely manner, of the reasons why the building will no 
longer be made available as a polling place.
    ``(3) In this section, the term `military installation' has the 
meaning given the term in section 2687(e) of this title.''.
    (b) Use of Reserve Component Facilities.--(1) Section 18235 of 
title 10, United States Code, is amended by adding at the end the 
following new subsection:
    ``(c) Pursuant to a lease or other agreement under subsection 
(a)(2), the Secretary may make a facility covered by subsection (a) 
available for use as a polling place in any Federal, State, or local 
public election notwithstanding any other provision of law. If a 
facility is made available as the site of a polling place with respect 
to an election for public office, the Secretary shall continue to make 
the facility available for subsequent elections for public office 
unless the Secretary provides to the appropriate State or local 
election officials advance notice, in a reasonable and timely manner, 
of the reasons why the facility will no longer be made available as a 
polling place.''.
    (2) Section 18236 of such title is amended by adding at the end the 
following:
    ``(e) Pursuant to a lease or other agreement under subsection 
(c)(1), a State may make a facility covered by subsection (c) available 
for use as a polling place in any Federal, State, or local public 
election notwithstanding any other provision of law.''.
    (c) Conforming Amendments to Title 18.--(1) Section 592 of title 
18, United States Code, is amended by adding at the end the following 
new sentence:
    ``This section shall not apply to the actions of members of the 
Armed Forces at any polling place on a military installation where a 
general or special election is held in accordance with section 2670(b), 
18235, or 18236 of title 10.''.
    (2) Section 593 of such title is amended by adding at the end the 
following new sentence:
    ``This section shall not apply to the actions of members of the 
Armed Forces at any polling place on a military installation where a 
general or special election is held in accordance with section 2670(b), 
18235, or 18236 of title 10.''.
    (d) Conforming Amendment to Voting Rights Law.--Section 2003 of the 
Revised Statutes (42 U.S.C. 1972) is amended by adding at the end the 
following new sentence: ``Making a military installation or reserve 
component facility available as a polling place in a Federal, State, or 
local public election in accordance with section 2670(b), 18235, or 
18236 of title 10, United States Code, is deemed to be consistent with 
this section.''.
    (e) Clerical Amendments.--(1) The heading of section 2670 of title 
10, United States Code, is amended to read as follows:
``Sec. 2670. Buildings on military installations: use by American 
              National Red Cross and as polling places in Federal, 
              State, and local elections''.
    (2) The item relating to such section in the table of sections at 
the beginning of chapter 159 of such title is amended to read as 
follows:

``2670. Buildings on military installations: use by American National 
                            Red Cross and as polling places in Federal, 
                            State, and local elections.''.
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