[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5673 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5673

  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
 direct the Secretary of Defense to collect absentee ballots of absent 
overseas uniformed services voters for elections for Federal office and 
   deliver the ballots to State election officials prior to the time 
 established for the closing of the polls on the date of the election, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2008

Mr. McCarthy of California (for himself, Mr. Ehlers, and Mr. Daniel E. 
    Lungren of California) introduced the following bill; which was 
           referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
 direct the Secretary of Defense to collect absentee ballots of absent 
overseas uniformed services voters for elections for Federal office and 
   deliver the ballots to State election officials prior to the time 
 established for the closing of the polls on the date of the election, 
                        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 Voting Protection Act of 
2008''.

SEC. 2. REQUIRING COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT 
              OVERSEAS UNIFORMED SERVICES VOTERS.

    (a) Requiring Collection and Delivery by Secretary of Defense.--The 
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff 
et seq.) is amended by inserting after section 103 the following new 
section:

``SEC. 103A. COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT 
              OVERSEAS UNIFORMED SERVICES VOTERS.

    ``(a) Collection.--The Presidential designee shall establish 
procedures for collecting absentee ballots of absent overseas uniformed 
services voters in elections for Federal office, including absentee 
ballots prepared by States and the Federal write-in absentee ballot 
prescribed under section 103, and for delivering the ballots to the 
appropriate State election officials.
    ``(b) Ensuring Delivery Prior to Closing of Polls.--
            ``(1) In general.--Under the procedures established under 
        this section, the Presidential designee shall ensure that any 
        absentee ballot collected prior to the applicable deadline 
        described in paragraph (2) is delivered to the appropriate 
        State election official prior to the time established by the 
        State for the closing of the polls on the date of the election.
            ``(2) Applicable deadline.--The applicable deadline 
        described in this paragraph is--
                    ``(A) noon (in the location in which the ballot is 
                collected) on the last Friday that precedes the date of 
                the election involved, in the case of a regularly 
                scheduled general election for Federal office; or
                    ``(B) noon (in the location in which the ballot is 
                collected) on the fourth day that immediately precedes 
                the date of the election involved, in the case of any 
                other election for Federal office.
    ``(c) Use of Contractors.--
            ``(1) Use of contractor permitted.--To the greatest extent 
        practicable, the Presidential designee shall carry out this 
        section by contract with a private provider of air 
        transportation.
            ``(2) Tracking mechanism.--Any contract entered into 
        pursuant to paragraph (1) shall include a requirement that the 
        private provider of air transportation implement procedures to 
        enable any individual whose absentee ballot is collected by the 
        Presidential designee under the procedures established under 
        this section to track the progress of the ballot using the 
        Internet, an automated telephone system, or such other methods 
        as may be provided under the contract.
    ``(d) Absent Overseas Uniformed Services Voter Defined.--In this 
section, the term `absent overseas uniformed services voter' means an 
overseas voter described in section 107(5)(A).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Presidential designee such sums as may be necessary 
to carry out this section. Any amounts appropriated pursuant to the 
authorization under this subsection shall remain available until 
expended without fiscal year limitation.''.
    (b) Conforming Amendments.--
            (1) Federal responsibilities.--Section 101(b) of such Act 
        (42 U.S.C. 1973ff(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (6);
                    (B) by striking the period at the end of paragraph 
                (7) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) carry out section 103A with respect to the collection 
        and delivery of absentee ballots of absent overseas uniformed 
        services voters in elections for Federal office.''.
            (2) State responsibilities.--Section 102(a) of such Act (42 
        U.S.C. 1973ff-1(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) carry out section 103A(b)(2) with respect to the 
        processing and acceptance of absentee ballots of absent 
        overseas uniformed services voters.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2008 and each succeeding election for 
Federal office.

SEC. 3. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE BALLOTS.

    Section 101(b) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff(b)), as amended by section 2(b), is 
amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) take such actions as may be required to ensure that 
        absent uniformed services voters are able to cast absentee 
        ballots in a private and independent manner, and that the 
        contents of absentee ballots of absent uniformed services 
        voters and overseas voters will remain secret until tabulation 
        by the appropriate State election official.''.
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