[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 154 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 154
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
ensure uniform treatment by States of Federal overseas absentee
ballots, 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, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23, 2001
Mr. Shelby 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
ensure uniform treatment by States of Federal overseas absentee
ballots, 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, 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. UNIFORM TREATMENT OF ABSENTEE BALLOTS OF UNIFORMED AND
OVERSEAS VOTERS.
(a) Postmark Requirements; Date to Accept Absentee Ballots.--
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-1) is amended--
(1) by striking ``Each'' and inserting ``(a) In General.--
Each'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(4) regardless of whether such ballot contains a
postmark, accept and count any otherwise valid absentee ballot
from an overseas voter, with respect to any general, special,
primary, or runoff election for Federal office, if there is
conclusive evidence that such ballot was mailed or otherwise
delivered to the appropriate State election official on or
before the election date to which the ballot refers; and
``(5) accept and count any valid absentee ballot from an
overseas voter, with respect to any general, special, primary,
or runoff election for Federal office, that is received by the
appropriate State election official not more than 10 days after
the date of the election to which the ballot refers.
``(b) Conclusive Evidence of Mailing.--For purposes of subsection
(a)(4), conclusive evidence that an absentee ballot was mailed or
otherwise delivered on or before an election date exists if the
ballot--
``(1) has an appropriate postmark;
``(2) is received by the appropriate State election
official on or before the date of the election;
``(3) bears an attestation on the outside that such ballot
was mailed on or before such date; or
``(4) meets such other requirements as the Presidential
designee may by regulation prescribe.''.
(b) Enforcement.--Section 608 of title 18, United States Code, is
amended by adding at the end the following:
``(c) Whoever knowingly gives false information for the purpose of
establishing the date an absentee ballot of an overseas voter under the
Uniformed and Overseas Citizens Absentee Voting Act is mailed or
delivered shall be fined in accordance with this title or imprisoned
not more than five years, or both.''.
SEC. 2. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE
COMPONENT FACILITIES AS POLLING PLACES.
(a) 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 chapter 29 of
title 18 (including sections 592 and 593 of such title), 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 election for public
office.
``(2) Once a military installation is made available as the site of
a polling place with respect to a Federal, State, or local election for
public office, the Secretary shall continue to make the site available
for subsequent elections for public office unless the Secretary
provides to Congress advance notice in a reasonable and timely manner
of the reasons why the site 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).''.
(b) Use of Reserve Component Facilities.--
(1) In general.--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
election for public office notwithstanding chapter 29 of title 18
(including sections 592 and 593 of such title). Once 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 Congress 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) State facilities.--Section 18236 of such title is
amended by adding at the end the following new subsection:
``(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 election for
public office notwithstanding chapter 29 of title 18 (including
sections 592 and 593 of such title).''.
(c) Conforming Amendments to Title 18.--
(1) Prohibition of troops at polls.--Section 592 of title
18, United States Code, is amended by adding at the end the
following:
``This section shall not prohibit the use of buildings located on
military installations, or the use of reserve component facilities, as
polling places in Federal, State, and local elections for public office
in accordance with section 2670(b), 18235, or 18236 of title 10.''.
(2) Prohibition of interference by armed forces.--Section
593 of such title is amended by adding at the end the
following:
``This section shall not prohibit the use of buildings located on
military installations, or the use of reserve component facilities, as
polling places in Federal, State, and local elections for public office
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: ``Making a military installation or reserve component
facility available as a polling place in a Federal, State, or local
election for public office in accordance with section 2670(b), 18235,
or 18236 of title 10, United States Code, shall be deemed to be
consistent with this section.''.
(e) Availability of Polling Places for 2002 Federal Elections.--If
a military installation or reserve component facility was made
available as the site of a polling place with respect to an election
for Federal office held during 2000, the same or a comparable site
shall be made available for use as a polling place with respect to any
applicable general election for Federal office to be held in November
2002.
(f) 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.''.
<all>