[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 731 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 731

 To ensure that military personnel do not lose the right to cast votes 
 in elections in their domicile as a result of their service away from 
  the domicile, to amend the Uniformed and Overseas Citizens Absentee 
    Voting Act to extend the voter registration and absentee ballot 
 protections for absent uniformed services personnel under such Act to 
           State and local elections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2001

  Mr. Nelson of Florida introduced the following bill; which was read 
    twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 To ensure that military personnel do not lose the right to cast votes 
 in elections in their domicile as a result of their service away from 
  the domicile, to amend the Uniformed and Overseas Citizens Absentee 
    Voting Act to extend the voter registration and absentee ballot 
 protections for absent uniformed services personnel under such Act to 
           State and local elections, 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 ``Military Overseas Voter Empowerment 
Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) National defense is a core responsibility of the 
        Federal Government, which has the sole authority to raise and 
        maintain the military, and the Federal Government has a special 
        responsibility to ensure the voting rights of military members 
        and their families are adequately protected.
            (2) Over 2,700,000 members of the military and their 
        families are stationed away from their home of record at any 
        given time.
            (3) The disenfranchisement of military voters has been 
        acknowledged since 1952, when the Subcommittee on Elections of 
        the Committee on House Administration of the House of 
        Representatives conducted hearings on the likely 
        disenfranchisement of military personnel then fighting in the 
        Korean War, and President Truman recommended the enactment of 
        temporary legislation by Congress since it ``should be possible 
        to make all the necessary changes in State laws before the 
        congressional elections of 1954.''
            (4) The controversy during the 2000 Federal election over 
        uncounted military absentee ballots has again shown that the 
        votes of many military members and their families have not been 
        counted because of confusing State and local procedures, 
        cumbersome ballot request and submission requirements, and 
        complicated procedures and ballots.
            (5) Some States do not recognize the rights of military 
        voters and their families to vote in their domicile of origin, 
        further disenfranchising these voters and their families.
            (6) Therefore, Federal legislation is needed to protect the 
        voting rights of military personnel who serve in defense of our 
        Nation.

SEC. 3. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

    Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. App. 590 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 a State or local office, a person who is absent from a 
State in compliance with military or naval orders shall not, solely by 
reason of that absence--
            ``(1) be deemed to have lost a residence or domicile in 
        that State, without regard to whether or not the person intends 
        to return to that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become a resident in or a resident 
        of any other State.
    ``(b) In this section, the term `State' includes a territory or 
possession of the United States, a political subdivision of a State, 
territory, or possession, and the District of Columbia.''.

SEC. 4. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR ABSENT 
              UNIFORMED SERVICES VOTERS TO STATE AND LOCAL 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 inserting ``(a) Elections for Federal Offices.--'' 
        before ``Each State shall--''; and
            (2) by adding at the end the following:
    ``(b) Elections for State and Local Offices.--Each State shall--
            ``(1) permit absent uniformed services voters to use 
        absentee registration procedures and vote by absentee ballot in 
        general, special, primary, and runoff elections for State and 
        local offices; 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 date of the 
        election.''.
    (b) Conforming Amendment.--The heading for title I of such Act is 
amended by striking ``FOR FEDERAL OFFICE''.

SEC. 5. TREATMENT OF APPLICATIONS AND ABSENTEE BALLOTS SUBMITTED BY 
              ABSENT UNIFORMED SERVICES VOTERS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1073ff-1), as amended by section 4, is 
amended by adding at the end the following:
    ``(c) Mandatory Minimum Period Between Availability of Absentee 
Ballot and Deadline for Submission for Absent Uniformed Services 
Voters.--A State shall not refuse to count an otherwise valid absentee 
ballot submitted in an election for Federal, State, or local office by 
an absent uniformed services voter on the grounds that the ballot was 
not submitted in a timely manner if the ballot was submitted not later 
than 30 days after the date on which the ballot was made available by 
the State.
    ``(d) Standard for Invalidation of Ballots Submitted by Absent 
Uniformed Services Voters.--
            ``(1) Fraud.--
                    ``(A) In general.--A State shall not refuse to 
                count an otherwise valid 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.
                    ``(B) Evidence not considered clear and convincing 
                evidence of fraud.--The lack of a witness signature, 
                address, postmark, or other identifying information 
                shall not be considered clear and convincing evidence 
                of fraud under subparagraph (A), absent other 
                information or evidence.
            ``(2) No effect on filing deadlines under state law.--
        Nothing in this subsection shall be construed to affect the 
        applicability of any ballot submission deadline under State law 
        to absentee ballots submitted by absent uniformed services 
        voters (taking into account the requirements of subsection 
        (c)).
    ``(e) Prohibiting Refusal of Applications on Grounds of Early 
Submission.--A State shall not refuse to accept or process, with 
respect to any general, special, primary, or runoff election for 
Federal office, any otherwise valid voter registration application or 
absentee ballot application from an absent uniformed services voter, on 
the ground that the voter submitted the application before the first 
date on which the State otherwise accepts or processes such 
applications from absentee voters.''.
    (b) Use of Single Application for Absentee Ballots for All Federal 
Elections.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as 
designated by section 4(a), is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) accept and process, with respect to all general, 
        special, primary, and runoff elections for Federal office 
        occurring during a year, any otherwise valid absentee ballot 
        application from an absent uniformed services voter or overseas 
        voter, if a single application for any such election is 
        received by the appropriate State election official not less 
        than 30 days before the first election for Federal office 
        occurring during the year; and''.

SEC. 6. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED SERVICES VOTERS 
              TO RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.

    The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.) is amended by inserting after section 104 the 
following:

``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.

    ``(a) In General.--For purposes of this Act, an individual who is a 
separated uniformed services voter (or the spouse or dependent of such 
an individual) shall be treated in the same manner as an absent 
uniformed services voter with respect to any election occurring during 
the 60-day period which begins on the date the individual becomes a 
separated uniformed services voter.
    ``(b) Separated Uniformed Services Voter Defined.--
            ``(1) In general.--In this section, the term `separated 
        uniformed services voter' means an individual who--
                    ``(A) is separated from the uniformed services;
                    ``(B) was a uniformed services voter immediately 
                prior to separation;
                    ``(C) presents to an appropriate election official 
                Department of Defense form 214, or any other official 
                proof, showing that the individual meets the 
                requirements of subparagraphs (A) and (B); and
                    ``(D) is otherwise qualified to vote with respect 
                to the election involved.
            ``(2) Uniformed services voter.--In paragraph (1), the term 
        `uniformed services voter' means--
                    ``(A) a member of a uniformed service on active 
                duty; or
                    ``(B) a member of the merchant marine.''.

SEC. 7. ELECTRONIC VOTING DEMONSTRATION PROJECT.

    (a) In General.--The Secretary of Defense shall carry out a 
demonstration project under which absent uniformed services voters (as 
defined in section 107(1) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-6(1)) are permitted to cast 
ballots in the regularly scheduled general election for Federal office 
for November 2002 through an electronic voting system.
    (b) Coordination With State Election Officials.--To the greatest 
extent practicable, the Secretary of Defense shall carry out the 
demonstration project under this section through cooperative agreements 
with State election officials.
    (c) Report to Congress.--Not later than June 1, 2003, the Secretary 
of Defense shall submit a report to Congress analyzing the 
demonstration project conducted under this section, and shall include 
in the report any recommendations the Secretary of Defense considers 
appropriate for continuing the project on an expanded basis during the 
next regularly scheduled general election for Federal office.

SEC. 8. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to elections occurring after the date of enactment of this Act.
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