[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3073 Referred in House (RFH)]







110th CONGRESS
  2d Session
                                S. 3073


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2008

           Referred to the Committee on House Administration

_______________________________________________________________________

                                 AN ACT


 
  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
improve procedures for the collection and delivery of absentee ballots 
 of absent overseas uniformed services voters, 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. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE 
              BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

    (a) Procedures.--
            (1) In general.--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. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE 
              BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

    ``(a) Collection.--The Presidential designee shall establish 
procedures for collecting marked absentee ballots of absent overseas 
uniformed services voters in regularly scheduled general elections for 
Federal office, including absentee ballots prepared by States and 
Federal write-in absentee ballots prescribed under section 103, and for 
delivering the ballots to the appropriate 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 
        marked absentee ballot for a regularly scheduled general 
        election for Federal office which is collected prior to the 
        deadline described in paragraph (3) is delivered to the 
        appropriate election official in a State prior to the time 
        established by the State for the closing of the polls on the 
        date of the election.
            ``(2) Contract with express mail providers.--
                    ``(A) In general.--The Presidential designee shall 
                carry out this section by contract with one or more 
                providers of express mail services.
                    ``(B) Special rule for voters in jurisdictions 
                using post office boxes for collection of marked 
                absentee ballots.--In the case of an absent uniformed 
                services voter who wishes to use the procedures 
                established under this section and whose marked 
                absentee ballot is required by the appropriate election 
                official to be delivered to a post office box, the 
                Presidential designee shall enter into an agreement 
                with the United States Postal Service for the delivery 
                of the ballot to the election official under the 
                procedures established under this section.
            ``(3) Deadline described.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the deadline described in this 
                paragraph is noon (in the location in which the ballot 
                is collected) on the last Tuesday that precedes the 
                date of the election.
                    ``(B) Authority to establish alternative deadline 
                for certain locations.--If the Presidential designee 
                determines that the deadline described in subparagraph 
                (A) is not sufficient to ensure timely delivery of the 
                ballot under paragraph (1) with respect to a particular 
                location because of remoteness or other factors, the 
                Presidential designee may establish as an alternative 
                deadline for that location the latest date occurring 
                prior to the deadline described in subparagraph (A) 
                which is sufficient to ensure timely delivery of the 
                ballot under paragraph (1).
            ``(4) Prohibition on refusal by states to accept marked 
        absentee ballots not delivered by postal service or in 
        person.--A State may not refuse to accept or process any marked 
        absentee ballot delivered under the procedures established 
        under this section on the grounds that the ballot is received 
        by the State other than through delivery by the United States 
        Postal Service.
    ``(c) Tracking Mechanism.--Under the procedures established under 
this section, the entity responsible for delivering marked absentee 
ballots to the appropriate election officials shall implement 
procedures to enable any individual whose ballot for a regularly 
scheduled general election for Federal office is collected by the 
Presidential designee to determine whether the ballot has been 
delivered to the appropriate election official, using the Internet, an 
automated telephone system, or such other methods as the entity may 
provide.
    ``(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.''.
            (2) Effective date.--Section 103A of the Uniformed and 
        Overseas Citizens Absentee Voting Act, as added by this 
        subsection, shall apply with respect to each regularly 
        scheduled general election for Federal office held on or after 
        November 1, 2010.
    (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 marked 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 marked absentee ballots of absent 
        overseas uniformed services voters.''.
    (c) Outreach for Absent Overseas Uniformed Services Voters on 
Procedures.--The Presidential designee shall take appropriate actions 
to inform individuals who are anticipated to be absent overseas 
uniformed services voters in the regularly scheduled general election 
for Federal office held in November 2008 of the procedures for the 
collection and delivery of marked absentee ballots established pursuant 
to section 103A of the Uniformed and Overseas Citizens Absentee Voting 
Act, as added by subsection (a), including the manner in which such 
voters may utilize such procedures for the submittal of marked absentee 
ballots in regularly scheduled elections for Federal office.
    (d) Reports on Utilization of Procedures.--
            (1) Reports required.--Not later than 180 days after each 
        regularly scheduled general election for Federal office held 
        after January 1, 2008, the Presidential designee shall submit 
        to the congressional defense committees a report on the 
        utilization of the procedures for the collection and delivery 
        of marked absentee ballots established pursuant to section 103A 
        of the Uniformed and Overseas Citizens Absentee Voting Act, as 
        so added, during such general election.
            (2) Elements.--Each report under paragraph (1) shall 
        include, for the general election covered by such report, a 
        description of the utilization of the procedures described in 
        that paragraph during such general election, including the 
        number of marked absentee ballots collected and delivered under 
        such procedures.
    (e) Report on Status of Implementation.--
            (1) Report required.--Not later than one year after the 
        date of the enactment of this Act, the Presidential designee 
        shall submit to the congressional defense committees a report 
        on the status of the implementation of the program for the 
        collection and delivery of marked absentee ballots established 
        pursuant to section 103A of the Uniformed and Overseas Citizens 
        Absentee Voting Act, as added by subsection (a).
            (2) Elements.--The report under paragraph (1) shall include 
        a status of the implementation of the program and a detailed 
        description of the specific steps taken towards its 
        implementation for November 2009 and November 2010.
    (f) Definitions.--In this section:
            (1) The term ``absent overseas uniformed services voter'' 
        has the meaning given that term in section 103A(d) of the 
        Uniformed and Overseas Citizens Absentee Voting Act, as added 
        by subsection (a).
            (2) The term ``Presidential designee'' means the official 
        designated under section 101(a) of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).
            (3) The term ``congressional defense committees'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Appropriations of the House of 
                Representatives.

SEC. 2. PROHIBITION ON REFUSAL TO ACCEPT VOTER REGISTRATION AND 
              ABSENTEE BALLOT APPLICATIONS AND FEDERAL WRITE-IN 
              ABSENTEE BALLOTS FOR FAILURE TO MEET NONESSENTIAL 
              REQUIREMENTS.

    (a) Voter Registration and Absentee Ballot Applications.--
            (1) Prohibiting refusal to accept applications for failure 
        to meet nonessential requirements.--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 shall accept and process any 
otherwise valid voter registration application or absentee ballot 
application (including the official post card form prescribed under 
section 101) submitted in any manner by an absent uniformed services 
voter or overseas voter that contains the information required on the 
official post card form prescribed under section 101 (other than 
information which the Presidential designee, in consultation with the 
Election Assistance Commission and the Election Assistance Commission 
Board of Advisors under section 214 of the Help America Vote Act of 
2002 (42 U.S.C. 15344), determines, under regulations promulgated by 
the Presidential designee, is not clearly necessary to prevent fraud in 
the conduct of elections).''.
            (2) Effective date.--Subsection (e) of section 102 of the 
        Uniformed and Overseas Citizens Absentee Voting Act, as added 
        by this subsection, shall apply with respect to each regularly 
        scheduled general election for Federal office held on or after 
        November 1, 2010.
    (b) Federal Write-in Absentee Ballot.--
            (1) Prohibiting refusal to accept ballot for failure to 
        meet nonessential requirements.--Section 103 of such Act (42 
        U.S.C. 1973ff-2) is amended--
                    (A) by redesignating subsection (f) as subsection 
                (g); and
                    (B) by inserting after subsection (e) the following 
                new subsection:
    ``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet 
Nonessential Requirements.--A State shall accept and process any 
otherwise valid Federal write-in absentee ballot submitted in any 
manner by an absent uniformed services voter or overseas voter that 
contains the information required to be submitted with such ballot by 
the Presidential designee (other than information which the 
Presidential designee, in consultation with the Election Assistance 
Commission and the Election Assistance Commission Board of Advisors 
under section 214 of the Help America Vote Act of 2002 (42 U.S.C. 
15344), determines, under regulations promulgated by the Presidential 
designee, is not clearly necessary to prevent fraud in the conduct of 
elections).''.
            (2) Effective date.--Subsection (f) of section 102 of the 
        Uniformed and Overseas Citizens Absentee Voting Act, as amended 
        by this subsection, shall apply with respect to each regularly 
        scheduled general election for Federal office held on or after 
        November 1, 2010.

            Passed the Senate October 1 (legislative day, September 
      17), 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.