[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 470 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 470

 To amend the Uniformed and Overseas Citizens Absentee Voting Act, the 
  Soldiers' and Sailors' Civil Relief Act of 1940 to ensure that each 
   vote cast by such a voter is duly counted, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2001

   Mr. Bond 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 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.

    This Act may be cited as the ``Support to Absentee Uniformed and 
Overseas Citizens Voters Act of 2001''.

SEC. 2. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENTEE UNIFORMED 
              AND OVERSEAS CITIZENS 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 absentee 
        uniformed services member or overseas citizen 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 enactment of this Act.
                                 <all>