[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 381 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 381

 To amend the Uniformed and Overseas Citizens Absentee Voting Act, the 
 Soldiers' and Sailors' Civil Relief Act of 1940, and title 10, United 
 States Code, to maximize the access of uniformed services voters and 
 recently separated uniformed services voters to the polls, to ensure 
  that each vote cast by such a voter is duly counted, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2001

 Mr. Allard (for himself and Mrs. Hutchison) 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, the 
 Soldiers' and Sailors' Civil Relief Act of 1940, and title 10, United 
 States Code, to maximize the access of uniformed services voters and 
 recently separated uniformed services voters to the polls, to ensure 
  that each vote cast by such a voter is duly counted, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Military Voting 
Support Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of the Senate regarding the importance of voting by 
                            members of the uniformed services.
Sec. 3. Standard for invalidation of ballots cast by absent uniformed 
                            services voters in Federal elections.
Sec. 4. Guarantee of residency and voting rights.
Sec. 5. Use of buildings on military installations and reserve 
                            component facilities as polling places.
Sec. 6. Maximizing the access of recently separated uniformed services 
                            voters to the polls.
Sec. 7. Uniformed services electronic voting demonstration project.
Sec. 8. Governors' reports on implementation of Federal Voting 
                            Assistance Program recommendations.

SEC. 2. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF VOTING BY 
              MEMBERS OF THE UNIFORMED SERVICES.

    It is the sense of the Senate that each administrator of a Federal, 
State, or local election should--
            (1) be aware of the importance of the ability of each 
        uniformed services voter (as defined in section 7(a)(4)) to 
        exercise their right to vote; and
            (2) perform their duties with the intent to ensure that--
                    (A) each uniformed services voter receives the 
                utmost consideration and cooperation when voting; and
                    (B) each valid ballot cast by such a voter is duly 
                counted.

SEC. 3. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED 
              SERVICES VOTERS IN FEDERAL ELECTIONS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) by striking ``Each State'' and inserting ``(a) In 
        General.--Each State''; and
            (2) by adding at the end the following:
    ``(b) Standards for Invalidation of Certain Ballots.--
            ``(1) 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.
            ``(2) Clear and convincing evidence.--For purposes of this 
        subsection, 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).
            ``(3) No effect on filing deadlines under state law.--
        Nothing in this subsection may be construed to affect the 
        application to ballots submitted by absent uniformed services 
        voters of any ballot submission deadline applicable under State 
        law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to ballots described in section 102(b) of the 
Uniformed and Overseas Citizens Absentee Voting Act (as added by such 
subsection) that are submitted with respect to elections that occur 
after the date of enactment of this Act.

SEC. 4. GUARANTEE OF RESIDENCY AND VOTING RIGHTS.

    (a) Guarantee of Residency.--Article VII of the Soldiers' and 
Sailors' Civil Relief Act of 1940 (50 U.S.C. 700 et seq.) is amended by 
adding at the end the following:
    ``Sec. 704. (a) For purposes of voting for any Federal office (as 
defined in section 301 of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431)) or any office of a State, a person in the military service 
who is absent from a State because of compliance with military or naval 
orders shall not, solely by reason of that absence, be deemed to have--
            ``(1) lost a residence or domicile in any State (regardless 
        of the intent of the person);
            ``(2) acquired a residence or domicile in any other State; 
        or
            ``(3) become resident in or a resident of any other State.
    ``(b) In this section, the term `State' means a State of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, or a 
territory or possession of the United States.''.
    (b) Guarantee of Voting Rights.--
            (1) Registration and balloting.--Section 102 of the 
        Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-1) 
        (as amended by section 3) is amended by adding at the end the 
        following:
    ``(c) Elections for State and Local Offices.--Each State shall--
            ``(1) permit absent uniformed services voters to use 
        absentee registration procedures and to vote by absentee ballot 
        in general, special, primary, and runoff elections for State 
        and local office; and
            ``(2) accept and process, with respect to any election 
        described in paragraph (1), any otherwise valid voter 
        registration application from an absent uniformed services 
        voter, if the application is received by the appropriate State 
        election official not less than 30 days before the election.''.
            (2) Conforming amendment.--The heading of title I of the 
        Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff et 
        seq.) is amended to read as follows:

``TITLE I--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS 
                  AND OVERSEAS VOTERS IN ELECTIONS''.

SEC. 5. 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) of this title.''.
    (b) Use of Reserve Component Facilities.--
            (1) Use permitted by secretary.--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) Use permitted by states.--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) Not considered 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) Not considered 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) 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.''.

SEC. 6. MAXIMIZING THE ACCESS OF RECENTLY SEPARATED UNIFORMED SERVICES 
              VOTERS TO THE POLLS.

    (a) In General.--For purposes of voting in any primary, special, 
general, or runoff election for Federal office (as defined in section 
301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)), each 
State shall, with respect to any recently separated uniformed services 
voter requesting to vote in the State--
            (1) deem the voter to be a resident of the State;
            (2) waive any requirement relating to any period of 
        residence or domicile in the State for purposes of registering 
        to vote or voting in that State;
            (3) accept and process, with respect to any primary, 
        special, general, or runoff election, any otherwise valid voter 
        registration application from the voter on the day of the 
        election; and
            (4) permit the voter to vote in that election.
    (b) Definitions.--
            (1) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or a territory or possession of the United States.
            (2) Recently separated uniformed services voter.--The term 
        ``recently separated uniformed services voter'' means any 
        individual that was a uniformed services voter (as defined in 
        section 7(a)(4)) on the date that is 60 days before the date on 
        which the individual seeks to vote and who--
                    (A) presents to the election official Department of 
                Defense form 214 evidencing their former status as such 
                a voter, or any other official proof of such status;
                    (B) is no longer such a voter; and
                    (C) is otherwise qualified to vote.

SEC. 7. UNIFORMED SERVICES ELECTRONIC VOTING DEMONSTRATION PROJECT.

    (a) Definitions.--In this section:
            (1) Federal office.--The term ``Federal office'' has the 
        meaning given such term in section 301 of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (3) Uniformed services.--The term ``uniformed services'' 
        means the Army, Navy, Air Force, Marine Corps, and Coast Guard, 
        the commissioned corps of the Public Health Service, and the 
        commissioned corps of the National Oceanic and Atmospheric 
        Administration.
            (4) Uniformed services voter.--The term ``uniformed 
        services voter'' means--
                    (A) a member of a uniformed service on active duty;
                    (B) a member of the merchant marine (as defined in 
                section 107 of the Uniformed and Overseas Citizens 
                Absentee Voting Act (42 U.S.C. 1973ff-6)); and
                    (C) a spouse or dependent of a member referred to 
                in subparagraph (A) or (B) who is qualified to vote.
    (b) Demonstration Project.--During the elections for Federal office 
held in 2002, the Secretary shall establish a demonstration project for 
the purpose of determining the feasibility and advisability of the use 
of an electronic voting system by uniformed services voters during the 
elections for Federal office to be held in 2004.
    (c) Report.--Not later than June 1, 2003, the Secretary shall 
submit a report to Congress on the demonstration project conducted 
under subsection (b) together with such recommendations for legislative 
and administrative action as the Secretary determines appropriate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 8. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL VOTING 
              ASSISTANCE PROGRAM RECOMMENDATIONS.

    (a) Definitions.--In this section:
            (1) Legislative recommendation.--The term ``legislative 
        recommendation'' means a recommendation of the Presidential 
        designee suggesting a modification in the laws of a State for 
        the purpose of maximizing the access to the polls of absent 
        uniformed services voters and overseas voters, including each 
        recommendation made under section 104 of the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
            (2) Presidential designee.--The term ``Presidential 
        designee'' means the head of the executive department 
        designated under section 101 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff).
    (b) Reports.--During the period described in subsection (c), not 
later than 90 days after the date on which a State receives a 
legislative recommendation, the State shall submit to the Presidential 
designee and to each Member of Congress that represents that State, a 
report on the status of the implementation of that recommendation.
    (c) Period Described.--The period described in this subsection is 
the period beginning on the date of enactment of this Act and ending 3 
years after such date.
                                 <all>