[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 175 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 175

To establish a national uniform poll closing time and uniform treatment 
         of absentee ballots in Presidential general elections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2001

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

_______________________________________________________________________

                                 A BILL


 
To establish a national uniform poll closing time and uniform treatment 
         of absentee ballots in Presidential general elections.

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

SECTION 1. UNIFORM NATIONAL POLL CLOSING TIME.

    (a) In General.--Chapter 1 of title 3, United States Code, is 
amended--
            (1) by redesignating section 1 as section 1A; and
            (2) by inserting before section 1A the following:
``Sec. 1. Single poll closing time
    ``(a) Definitions.--In this section:
            ``(1) State.--The term `State' includes the District of 
        Columbia.
            ``(2) Presidential general election.--The term 
        `Presidential general election' means the election for electors 
        of President and Vice President.
    ``(b) Closing Time.--Each polling place in a State shall close, 
with respect to a Presidential general election, at 9:00 p.m. Central 
Standard Time.
    ``(c) Extended Day.--Notwithstanding section 1A or any other 
provision of law, in the case of the States of Alaska and Hawaii, a 
State may open polling places with respect to a Presidential general 
election during the day preceding the day provided under such section 
in addition to the day provided under such section, so long as the 
State meets the requirements of subsection (a) with respect to the poll 
closing time of each day.''.
    (b) Conforming Amendments.--
            (1) The table of sections for chapter 1 of title 3, United 
        States Code, is amended by striking the item relating to 
        section 1 and inserting the following:

``1. Single poll closing time.
``1A. Time of appointing electors.''.
            (2) Sections 871(b) and 1751(f) of title 18, United States 
        Code, are amended by striking ``title 3, United States Code, 
        sections 1 and 2'' and inserting ``sections 1A and 2 of title 
        3''.

SEC. 2. ABSENTEE BALLOT REFORM.

    (a) Absentee Ballots in Presidential General Elections.--
            (1) In general.--Chapter 1 of title 3, United States Code, 
        as amended by section 1, is amended by inserting after section 
        1A the following:
``Sec. 1B. Absentee ballots
    ``(a) In General.--Except as provided in subsection (b), no 
absentee ballot cast for electors of the President and Vice President 
under this chapter shall be processed and recorded by a State later 
than the date on which such electors are appointed under section 1A.
    ``(b) Overseas Voters.--Subsection (a) shall not apply to absentee 
ballots of absent uniformed services voters and overseas voters (as 
defined in section 107 of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-6)) to the extent otherwise provided by 
regulations promulgated under section 101(b) of such Act (42 U.S.C. 
1973ff(b)).''.
            (2) Conforming amendment.--The table of sections for 
        chapter 1 of title 3, United States Code, as amended by section 
        1, is amended by inserting after the item relating to section 
        1A the following:

``1B. Absentee ballots.''.
    (b) Uniformed and Overseas Citizens Absentee Ballot.--
            (1) State requirement.--Section 102 of the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
        amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) treat any absentee ballot or Federal write-in 
        absentee ballot for absent uniformed services voters or 
        overseas voters in general elections for Federal office, which 
        meets the uniform requirements promulgated by the Presidential 
        designee under this title for such ballots, as meeting 
        applicable State law regarding acceptance of absentee 
        ballots.''.
            (2) Uniform treatment.--Section 101(b) of such Act (42 
        U.S.C. 1973ff(b)) is amended--
                    (A) by inserting after paragraph (4) the following:
                    ``(5) promulgate a regulation stating uniform 
                requirements for treatment and acceptance of absentee 
                ballots and Federal write-in absentee ballots of absent 
                uniformed services voters and overseas voters in 
                general elections for Federal office;''; and
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively.
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