[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4237 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4237

  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
  prohibit States from refusing to accept balloting materials solely 
   because the materials are generated through the use of a computer 
    program, are not printed on a specific type of paper, or do not 
 otherwise meet similar extraneous requirements which are not clearly 
 necessary to prevent fraud in the conduct of elections, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2007

  Mrs. Maloney of New York (for herself and Mr. Honda) introduced the 
     following bill; which was referred to the Committee on House 
   Administration, and in addition to the Committee on Oversight and 
 Government Reform, 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 
  prohibit States from refusing to accept balloting materials solely 
   because the materials are generated through the use of a computer 
    program, are not printed on a specific type of paper, or do not 
 otherwise meet similar extraneous requirements which are not clearly 
 necessary to prevent fraud in the conduct of 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 ``Overseas Voting Practical Amendments 
Act of 2007''.

SEC. 2. DESIGNATION OF OFFICIAL FEDERAL FORM AS FEDERAL VOTER 
              REGISTRATION AND BALLOT APPLICATION.

    (a) Designation and Distribution.--Section 101 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended--
            (1) in subsection (b)(2), by striking ``an official post 
        card form'' and inserting ``an official Federal Voter 
        Registration and Ballot Application''; and
            (2) in subsection (c)(2), by striking ``official post card 
        forms'' and inserting ``official Federal Voter Registration and 
        Ballot Applications''.
    (b) Conforming Amendments.--
            (1) State responsibilities.--Section 102(a)(4) of such Act 
        (42 U.S.C. 1973ff-1(a)(4)) is amended by striking ``the 
        official post card form'' and inserting ``the official Federal 
        Voter Registration and Ballot Application''.
            (2) Use of single application for all subsequent 
        elections.--Section 104 of such Act (42 U.S.C. 1973ff-3) is 
        amended--
                    (A) in subsection (a), by striking ``an official 
                post card form'' and inserting ``an official Federal 
                Voter Registration and Ballot Application'';
                    (B) in subsection (c)--
                            (i) in the heading, by striking ``Official 
                        Post Card Form'' and inserting ``Official 
                        Federal Voter Registration and Ballot 
                        Application'', and
                            (ii) in the matter preceding paragraph (1), 
                        by striking ``official post card form'' and 
                        inserting ``official Federal Voter Registration 
                        and Ballot Application''; and
                    (C) in subsection (e), by striking ``the postcard 
                form'' and inserting ``the official Federal Voter 
                Registration and Ballot Application''.
            (3) Definition of balloting materials.--Section 107(2) of 
        such Act (42 U.S.C. 1973ff-6(2)) is amended by striking 
        ``official post card forms'' and inserting ``official Federal 
        Voter Registration and Ballot Applications''.

SEC. 3. PROHIBITING REFUSAL TO ACCEPT APPLICATIONS, BALLOTS, AND OTHER 
              MATERIALS FOR FAILURE TO MEET NONESSENTIAL REQUIREMENTS.

    (a) Voter Registration and Absentee Ballot Applications.--Section 
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-1) is amended by adding at the end the following new 
subsection:
    ``(e) Prohibiting Refusal To Accept Applications for Failure To 
Meet Nonessential Requirements.--A State may not refuse to accept or 
process any otherwise valid voter registration application or absentee 
ballot application (including the official Federal Voter Registration 
and Ballot Application prescribed under section 101) submitted by an 
absent uniformed services voter or overseas voter on any of the 
following grounds:
            ``(1) The application is not on a post card, is printed or 
        otherwise produced through the use of a computer program or an 
        Internet site, or is otherwise a facsimile of an official 
        application.
            ``(2) In the case of the official Federal Voter 
        Registration and Ballot Application prescribed under section 
        101, the application does not include specific information 
        included on applications produced by the State.
            ``(3) The application, the envelope in which the 
        application is submitted, or any affidavit or other attestation 
        accompanying the application does not conform to specific 
        requirements under State law regarding the size, shape, weight, 
        or color of the paper on which it is produced.
            ``(4) The application is not notarized or witnessed by a 
        Notary Public or other official authorized to administer oaths.
            ``(5) The application is received by the State other than 
        through delivery by the United States Postal Service.
            ``(6) The application, the envelope in which the 
        application is submitted, or any affidavit or other attestation 
        accompanying the application does not meet any other 
        requirement which the Presidential designee determines (under 
        regulations promulgated by the Presidential designee) is not 
        clearly necessary to prevent fraud in the conduct of 
        elections.''.
    (b) Absentee Ballots.--Section 103 of such 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 Meet 
Nonessential Requirements.--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 any of the following grounds:
            ``(1) The ballot as submitted is printed or otherwise 
        produced through the use of a computer program or an Internet 
        site or is otherwise a facsimile of the original ballot.
            ``(2) The ballot, the envelope in which the ballot is 
        submitted, or any affidavit or other attestation accompanying 
        the ballot as submitted does not conform to specific 
        requirements under State law regarding the size, shape, weight, 
        or color of the paper on which it is produced.
            ``(3) The ballot is not notarized or witnessed by a Notary 
        Public or other official authorized to administer oaths.
            ``(4) The ballot is received by the State other than 
        through delivery by the United States Postal Service.
            ``(5) The ballot, the envelope in which the ballot is 
        submitted, or any affidavit or other attestation accompanying 
        the ballot as submitted does not meet any other requirement 
        which the Presidential designee determines (under regulations 
        promulgated by the Presidential designee) is not clearly 
        necessary to prevent fraud in the conduct of elections.''.

SEC. 4. REQUIRING CLARIFICATION OF POSTAGE MARKINGS ON CERTAIN 
              BALLOTING MATERIALS MAILED BY STATES.

    Section 3406 of title 39, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) In the case of balloting materials under the Uniformed and 
Overseas Citizens Absentee Voting Act consisting of pre-printed return 
envelopes which are prepared by a State for the submission of materials 
by an absent uniformed services voter or overseas voter under such 
Act--
            ``(1) the State shall ensure that the address to which the 
        materials are to be submitted includes the designation `United 
        States of America' or `USA'; and
            ``(2) if the materials are designated as postage paid, the 
        State shall clarify whether the designation applies only to 
        materials mailed within the United States or to materials 
        mailed overseas through the Army Post Office or Fleet Post 
        Office.''.

SEC. 5. 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.''.
    (c) Permitting Early Submission of Request During Previous Year.--
Section 104(e) of such Act (42 U.S.C. 1973ff-3(e)) is amended--
            (1) by striking ``during a year''; and
            (2) by striking ``for that year''.

SEC. 6. APPLICATION OF UOCAVA TO INDIVIDUALS NEVER RESIDING IN UNITED 
              STATES WHOSE PARENTS ARE OVERSEAS VOTERS.

    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. 7. REQUIRING PROMPT NOTIFICATION OF REJECTION OF VOTER 
              REGISTRATION OR ABSENTEE BALLOT REQUEST.

    Section 102(d) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-1(d)) is amended by striking ``shall 
provide'' and inserting ``shall promptly provide''.

SEC. 8. USE OF DIPLOMATIC POUCH FOR RETURNING COMPLETED ABSENTEE 
              BALLOTS.

    Section 101(c) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff(c)) is amended by adding at the end the 
following new paragraph:
            ``(3) Use of diplomatic pouch for returning completed 
        absentee ballots.--If an overseas voter delivers a completed 
        absentee ballot to an overseas facility of the Department of 
        State, the Secretary of State shall use the diplomatic pouch to 
        transmit the ballot to the United States, but only if--
                    ``(A) the ballot is delivered to the facility not 
                earlier than 14 days prior to the date of the election 
                involved; and
                    ``(B) the Secretary of State determines that there 
                is no effective alternative available at the location 
                of the facility (including private courier services) 
                for the overseas voter to use to ensure the timely 
                receipt of the ballot.''.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring on or after the expiration of the 45-day period 
which begins on the date of the enactment of this Act.
                                 <all>