[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1261

  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
 increase the ability of absent uniformed services voters and overseas 
 voters to participate in elections for Federal office, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2001

Mr. Rockefeller introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
 increase the ability of absent uniformed services voters and overseas 
 voters to participate in elections for Federal office, 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 ``Uniformed and Overseas Citizen 
Absentee Voting Reform Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Approximately 3,000,000 to 6,000,000 American citizens, 
        including 576,000 Federal employees and their overseas 
        dependents in the armed services and in other Federal agencies, 
        live permanently or temporarily reside outside the 50 States 
        and the District of Columbia.
            (2) The members of the armed services, their dependents, 
        other employees of the Federal Government and their dependents, 
        and the approximately 3,000,000 to 5,500,000 other American 
        citizens abroad make an inestimable contribution to the 
        security, economic well-being, and cultural vitality of the 
        United States.
            (3) Although great progress has been made in recent decades 
        in assuring that these citizens have the chance to participate 
        fully in our democratic process, the national elections of 
        November 2000 revealed grave shortcomings in our system, with 
        nearly 40 percent of overseas ballots rejected in one State 
        alone.
            (4) Moreover, during these elections it became apparent 
        that timely information about the numbers of American citizens 
        seeking to vote and voting from abroad, information which is 
        essential to measure the effectiveness of our overseas voting 
        system, is not currently provided by the States.

SEC. 3. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE BALLOT 
              APPLICATION PROCEDURES FOR ABSENT UNIFORMED SERVICES AND 
              OVERSEAS VOTERS.

    (a) Requiring States To Accept Official Form for Simultaneous Voter 
Registration and Absentee Ballot Application; Deadline for Providing 
Absentee Ballot.--
            (1) In general.--Section 102 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) accept and process, with respect to any election for 
        Federal office, any otherwise valid voter registration 
        application and absentee ballot application from an absent 
        uniformed services voter or overseas voter, if the application 
        is received by the appropriate State election official not less 
        than 30 days before the election;'';
                    (B) by striking the period at the end of paragraph 
                (3) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) use the official post card form (prescribed under 
        section 101) for simultaneous voter registration application 
        and absentee ballot application; and
            ``(5) transmit the absentee ballot for an election to each 
        absent uniformed services voter and overseas voter who is 
        registered with respect to the election as soon as practicable 
        after the voter is registered, but in no case later than the 
        45th day preceding the election (if the voter is registered as 
        of such day).''.
            (2) Conforming amendments.--Section 101(b)(2) of such Act 
        (42 U.S.C. 1973ff(b)(2) is amended by striking ``as recommended 
        in section 104'' and inserting ``as required under section 
        102(4)''.
    (b) Use of Single Application for All Subsequent Elections.--
Section 104 of such Act (42 U.S.C. 1973ff-3) is amended to read as 
follows:

``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

    ``(a) In General.--If a State accepts and processes an official 
post card form (prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter for simultaneous voter 
registration and absentee ballot application (in accordance with 
section 102(4))--
            ``(1) the voter shall be deemed to have submitted an 
        absentee ballot application for each subsequent election for 
        Federal office held in the State; and
            ``(2) the State shall provide an absentee ballot to the 
        voter for each subsequent election for Federal office held in 
        the State (in accordance with the deadline required under 
        section 102(a)(5)).
    ``(b) Exception for Voters Changing Registration.--Subsection (a) 
shall not apply with respect to a voter registered to vote in a State 
for any election held after the voter notifies the State that the voter 
no longer wishes to be registered to vote in the State or after the 
State determines that the voter has registered to vote in another 
State.
    ``(c) No Effect on Voter Removal Programs.--Nothing in this section 
may be construed to prevent a State from removing any voter from the 
rolls of registered voters in the State under any program or method 
permitted under section 8 of the National Voter Registration Act of 
1993.''.

SEC. 4. REMOVING BARRIERS TO ACCEPTANCE OF COMPLETED BALLOTS.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-1) is amended--
            (1) by inserting ``(a) In General.--'' before ``Each 
        State''; and
            (2) by adding at the end the following new subsection:
    ``(b) Special Requirements Regarding Acceptance of Completed 
Ballots.--
            ``(1) Mandatory minimum period for acceptance of absentee 
        ballot after date of election.--Notwithstanding any other 
        provision of law, a State shall not refuse to count an absentee 
        ballot submitted in an election for Federal office by an absent 
        uniformed services voter or overseas voter on the grounds that 
        the ballot was not submitted in a timely manner if--
                    ``(A) the ballot is received by the State not later 
                than 14 days after the date of the election;
                    ``(B) the ballot is signed and dated by the voter; 
                and
                    ``(C) the date provided by the voter on the ballot 
                is not later than the day before the date of the 
                election.
            ``(2) Prohibiting refusal of ballot for lack of postmark.--
        A State shall not refuse to count an absentee ballot submitted 
        in an election for Federal office by an absent uniformed 
        services voter or overseas voter on the grounds that the ballot 
        or the envelope in which the ballot is submitted lacks a 
        postmark if the ballot is signed and dated by the voter and a 
        witness within the deadline applicable under State law for the 
        submission of the ballot (taking into account the requirements 
        of paragraph (1)).''.

SEC. 5. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF OVERSEAS AND 
              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 4, is amended by adding 
at the end the following new subsection:
    ``(c) Other Requirements and Prohibitions.--
            ``(1) Response to submitted materials.--
                    ``(A) Applications for voter registration and 
                absentee ballot request.--With respect to each absent 
                uniformed services voter and each overseas voter who 
                submits a voter registration application or an absentee 
                ballot request, the State--
                            ``(i) shall immediately notify the voter as 
                        to whether or not the State has approved the 
                        application or request; and
                            ``(ii) if the State rejects the application 
                        or request, shall provide the voter with the 
                        reasons for the rejection.
                    ``(B) Absentee ballots.--With respect to each 
                absent uniformed services voter and each overseas voter 
                who submits a completed absentee ballot, the State--
                            ``(i) shall immediately notify the voter as 
                        to whether or not the State has received the 
                        ballot; and
                            ``(ii) if the State refuses to accept the 
                        ballot, shall provide the voter with the 
                        reasons for refusal.
            ``(2) Use of facsimile machines and internet.--Each State 
        shall make voter registration applications, absentee ballot 
        requests, and absentee ballots available to absent uniformed 
        services voters and overseas voters through the use of 
        facsimile machines and the Internet, and shall permit such 
        voters to transmit completed applications and requests to the 
        State through the use of such machines and the Internet. 
        Nothing in this paragraph may be construed to prohibit a State 
        from accepting completed absentee ballots from absent uniformed 
        services voters and overseas voters through the use of 
        facsimile machines.
            ``(3) Prohibiting notarization requirements.--A State may 
        not refuse to accept any voter registration application, 
        absentee ballot request, or absentee ballot submitted by an 
        absent uniformed services voter or overseas voter on the 
        grounds that the document involved is not notarized.
            ``(4) Compilation of statistics.--
                    ``(A) In general.--For each election for Federal 
                office held in the State, each State shall compile and 
                publish the following information with respect to 
                absent uniformed services voters and overseas voters:
                            ``(i) The number of voter registration 
                        applications received from each such group of 
                        voters, together with the number of such 
                        applications which were rejected by the State 
                        and the reasons for rejection.
                            ``(ii) The number of absentee ballots sent 
                        to each such group of voters.
                            ``(iii) The number of completed absentee 
                        ballots submitted by each such group of voters, 
                        together with the number of such ballots which 
                        were rejected by the State and the reasons for 
                        rejection.
                    ``(B) Breakdown by local jurisdiction and overseas 
                location.--In compiling and publishing the information 
                described in subparagraph (A), the State shall break 
                down each category of such information by county (or 
                other appropriate local election district) and by the 
                locations to which and from which the materials 
                described in such subparagraph were transmitted and 
                received.
                    ``(C) Transmission to presidential designee.--With 
                respect to information regarding a Presidential 
                election year, the State shall transmit the information 
                compiled under this paragraph to the Presidential 
                designee at such time and in such manner as the 
                Presidential designee may require to prepare the report 
                described in section 101(b)(6).''.

SEC. 6. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE.

    (a) Educating Election Officials on Responsibilities Under Act.--
Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by striking the 
semicolon at the end and inserting the following: ``, and ensure that 
such officials are aware of the requirements of this Act;''.
    (b) Development of Standard Oath for Use With Materials.--
            (1) In general.--Section 101(b) of such Act (42 U.S.C. 
        1973ff(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) prescribe a standard oath for use with any document 
        under this title affirming that a material misstatement of fact 
        in the completion of such a document may constitute grounds for 
        a conviction for perjury.''.
            (2) Requiring states to use standard oath.--Section 102(a) 
        of such Act (42 U.S.C. 1973ff-1(a)), as amended by sections 
        3(a) and 4, is further amended--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) if the State requires an oath or affirmation to 
        accompany any document under this title, use the standard oath 
        prescribed by the Presidential designee under section 
        101(b)(7).''.
    (c) Transmission of Federal Write-In Absentee Ballot Through 
Facsimile Machines and Internet.--Section 103 of such Act (42 U.S.C. 
1973ff-2) is amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (c) through (g); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Transmission of Ballot Through Facsimile Machines and 
Internet.--The Presidential designee shall make the Federal write-in 
absentee ballot and the application for such a ballot available to 
overseas voters through the use of facsimile machines and the Internet, 
and shall permit such voters to transmit completed applications for 
such a ballot to the Presidential designee through the use of such 
machines and the Internet.''.
    (d) Providing Breakdown Between Overseas Voters and Absent 
Uniformed Services Voters in Statistical Analysis of Voter 
Participation.--Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) 
is amended by inserting after ``participation'' the following: 
``(listed separately for overseas voters and absent uniformed services 
voters)''.

SEC. 7. 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. 8. FINANCIAL ASSISTANCE TO STATES FOR COSTS OF COMPLIANCE.

    (a) In General.--The Presidential designee under the Uniformed and 
Overseas Citizens Absentee Voting Act shall make a payment to each 
eligible State for carrying out activities to comply with the 
requirements of such Act, including the amendments made to such Act by 
this Act.
    (b) Eligibility.--A State is eligible to receive a payment under 
this section if it submits to the Presidential designee (at such time 
and in such form as the Presidential designee may require) an 
application containing such information and assurances as the 
Presidential designee may require.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the first fiscal year which begins after the date of 
the enactment of this Act such sums as may be necessary to carry out 
this section, to remain available until expended.

SEC. 9. EFFECTIVE DATE.

    The amendments made by sections 3, 4, 5, 6, and 7 shall apply with 
respect to elections occurring after the date of the enactment of this 
Act.
                                 <all>