[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.
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