[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4173 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4173

  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
 promote the participation of absent overseas voters in elections for 
                Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2007

  Mr. Honda introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
  Foreign Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
 promote the participation of absent overseas voters in elections for 
                Federal office, 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 ``Overseas Voting Education and 
Reform, Safeguarding Every American's Vote Act'' or the ``OVERSEAS Vote 
Act''.

SEC. 2. PROHIBITING REFUSAL TO ACCEPT ABSENTEE BALLOT FOR FAILURE TO 
              INCLUDE NOTARIZATION ON RETURN ENVELOPE.

    Section 103 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-2) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Prohibiting Refusal To Accept Ballot For Failure to Include 
Notarization on Return Envelope.--A State may not refuse to accept or 
process any otherwise valid absentee ballot, including the Federal 
write-in absentee ballot, submitted by an absent uniformed services 
voter or overseas voter on the grounds that the envelope in which the 
ballot is submitted is not notarized or witnessed by a Notary Public or 
other official authorized to administer oaths.''.

SEC. 3. WAIVING REQUIREMENT TO APPLY FOR STATE ABSENTEE BALLOT AS 
              CONDITION FOR USE OF FEDERAL WRITE-IN ABSENTEE BALLOT.

    (a) Waiving Requirement.--Section 103(a) of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is 
amended by striking ``who make timely applications for'' and all that 
follows through ``absentee ballots'' and inserting a period.
    (b) Conforming Amendment Relating to Timing of Request.--Section 
103(b) of such Act (42 U.S.C. 1973ff-2(b)) is amended--
            (1) by adding ``or'' at the end of paragraph (1);
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).

SEC. 4. PROVISION OF BALLOTS IN SUBSEQUENT ELECTIONS.

    (a) Permitting Voters To Request Absentee Ballots in All Subsequent 
Elections.--Section 104(a) of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-3(a)) is amended by striking 
``through the next 2 regularly scheduled general elections'' and all 
that follows through ``such general elections),'' and inserting 
``(subject to subsections (b) and (d)),''
    (b) Waiver of Requirement To Provide Absentee Ballots in Subsequent 
Elections to Individuals With Unknown Addresses.--Section 104(a) of 
such Act (42 U.S.C. 1973ff-3(a)) is amended by striking the period at 
the end and inserting the following: ``, other than any election 
occurring after any absentee ballot or other election material sent by 
the State to the voter is returned to the State as undeliverable or 
with no forwarding address within the State.''.

SEC. 5. GRANT PROGRAM FOR OVERSEAS CIVILIAN VOTER OUTREACH.

    (a) Establishment of Program.--
            (1) Program described.--The Election Assistance Commission 
        (hereafter referred to as the ``Commission'') shall establish 
        and operate a program for making grants to eligible 
        organizations for carrying out activities to assist overseas 
        civilian voters in voting in elections for Federal office and 
        to increase turnout among such voters by providing them with 
        information in advance of the date of an election on how to 
        cast absentee ballots in such elections.
            (2) Period of grant.--Each grant awarded under the program 
        under this section shall cover a 2-year period.
    (b) Eligibility of Organizations.--
            (1) In general.--An organization is eligible to receive a 
        grant under the program under this section if the organization 
        submits to the Commission, at such time and in such form as the 
        Commission may require, an application containing information 
        and assurances that the organization meets the specific 
        requirements for eligibility described in paragraph (2), 
        together with such other information and assurances as the 
        Commission considers appropriate.
            (2) Specific requirements for eligibility.--The specific 
        requirements described in this paragraph are as follows:
                    (A) The organization is nonpartisan in nature and 
                will carry out activities funded by the grant in a non 
                partisan manner.
                    (B) The organization will use the funds provided 
                under the grant to carry out projects designed to 
                increase the meaningful participation of overseas 
                voters in elections for Federal office.
                    (C) The organization will carry out projects that 
                include at least one of the following activities:
                            (i) Outreach and education to identify 
                        overseas civilian voters and provide them with 
                        accurate information about voter registration 
                        and voting in elections for Federal office, and 
                        to provide the information well in advance of 
                        applicable State deadlines.
                            (ii) Providing assistance to overseas 
                        civilian voters in registering to vote and 
                        casting ballots in elections for Federal 
                        office, and to provide the assistance well in 
                        advance of applicable State deadlines.
                    (D) The organization will file the reports required 
                under subsection (d).
            (3) Joint eligibility of multiple organizations.--Two or 
        more organizations may be considered a single eligible 
        organization for purposes of receiving a grant under the 
        program under this section, so long as each of them meet the 
        specific requirements for eligibility described in paragraph 
        (2).
    (c) Criteria for Selection Among Eligible Organizations.--In 
selecting among eligible organizations for making grants under the 
program under this section and in determining the amount of the grant 
awarded, the Commission shall take into consideration the following:
            (1) The need to ensure an appropriate distribution of 
        participants among various geographic areas, based upon the 
        most recent available data on the number and location of 
        overseas civilian voters.
            (2) The extent to which the organizations enter into 
        partnerships and other collaborative agreements to carry out 
        the projects involved.
            (3) The extent to which the organization's approach to 
        providing services under the projects reflects innovation and 
        creativity, including the use of innovative technologies.
            (4) In the case of overseas civilian voter education 
        projects, the clarity of presentation and ease of use of the 
        information provided to voters.
    (d) Reporting Requirement.--
            (1) Reports.--Each eligible organization that receives a 
        grant under the program under this section shall submit to the 
        Commission a report containing the following information with 
        respect to each year covered by the grant:
                    (A) A description of the projects carried out with 
                funds provided under the grant during the year (and 
                arranged to be carried out during the succeeding year, 
                in the case of a report with respect to an odd-numbered 
                year).
                    (B) The number of overseas civilian voters to whom 
                outreach was provided under the projects.
                    (C) The number of overseas civilian voters 
                registered during the year under the projects.
                    (D) In the case of a report filed with respect to 
                an odd-numbered year, the organization's target for the 
                number of overseas civilian voters to whom the 
                organization will provide assistance during the 
                following year (including the target for the number of 
                absentee ballots to be cast by such voters).
                    (E) In the case of a report filed with respect to 
                an even-numbered year, the number of overseas civilian 
                voters to whom the organization provided assistance 
                during the year and the number of absentee ballots cast 
                by such voters.
                    (F) The organization's analysis of the 
                opportunities for replication of the projects.
            (2) Deadline.--The organization shall submit the report 
        required under this subsection with respect to a year not later 
        than 90 days after the end of the year.
    (e) Overseas Civilian Voter Defined.--In this section, the term 
``overseas civilian voter'' means an overseas voter defined in section 
107(5) of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-6(5)), but does not include an individual described in 
subparagraph (A) of such section.
    (f) Authorization of Appropriations.--
            (1) Amount authorized.--There are authorized to be 
        appropriated for grants under the program under this section an 
        aggregate amount of $5,000,000 for fiscal year 2008 and each of 
        the first 4 succeeding 2-fiscal year periods.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization under this subsection shall remain available 
        until expended.

SEC. 6. OTHER OUTREACH EFFORTS TO ENCOURAGE OVERSEAS CITIZENS TO CAST 
              ABSENTEE BALLOTS IN ELECTIONS.

    (a) Requiring Offices With Overseas Personnel To Provide Notice of 
Opportunities To Cast Absentee Ballots.--
            (1) In general.--The head of each office of the Federal 
        government that has employees whose designated post of duty is 
        outside the United States shall provide such employees with 
        notice of the rights provided to absent uniformed services 
        voters and overseas voters under the Uniformed and Overseas 
        Citizens Absentee Voting Act to submit voter registration and 
        absentee ballot requests and to submit absentee ballots 
        (including the Federal write-in absentee ballot described in 
        such Act).
            (2) Timing of notice.--The head of an office shall provide 
        the notice required under paragraph (1) not later than December 
        1 of each odd-numbered year and August 1 of each even-numbered 
        year.
    (b) Including Information in Passports.--The Secretary of State 
shall ensure that each passport issued on or after the date of the 
enactment of this Act includes a page describing the rights provided to 
overseas voters under the Uniformed and Overseas Citizens Absentee 
Voting Act to submit voter registration and absentee ballot requests 
and to submit absentee ballots (including the Federal write-in absentee 
ballot described in such Act), and shall include on the page a list of 
resources through which individuals may obtain additional information 
regarding such rights.

SEC. 7. APPLICATION OF UOCAVA TO CERTAIN INDIVIDUALS NEVER RESIDING IN 
              UNITED STATES.

    Section 107(5)(C) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-6(5)(C)) is amended to read as follows:
                    ``(C) a person who resides outside the United 
                States and (but for such residence) would be qualified 
                to vote--
                            ``(i) in the last place in which the person 
                        was domiciled before leaving the United States, 
                        or
                            ``(ii) in the case of an individual who has 
                        never resided in the United States, in the last 
                        place in which the person's parent or guardian 
                        was domiciled before leaving the United 
                        States;''.

SEC. 8. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall apply with respect to the regularly scheduled general 
election for Federal office held in November 2008 and each succeeding 
election for Federal office.
                                 <all>