[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1739 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1739

  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

                             March 26, 2009

  Mrs. Maloney (for herself, Mr. Honda, Mrs. Davis of California, Mr. 
  McGovern, Mr. Gonzalez, and Mr. McDermott) introduced the following 
bill; which was referred to the Committee on House Administration, and 
 in addition to the Committees on Oversight and Government Reform and 
  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 
  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 2009''.

SEC. 2. DESIGNATION OF OFFICIAL FEDERAL FORM AS FEDERAL VOTER 
              REGISTRATION AND ABSENTEE 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 Absentee Ballot Application''; and
            (2) in subsection (c)(2), by striking ``official post card 
        forms'' and inserting ``official Federal Voter Registration and 
        Absentee 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 Absentee 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 Absentee Ballot Application'';
                    (B) in subsection (c)--
                            (i) in the heading, by striking ``Official 
                        Post Card Form'' and inserting ``Official 
                        Federal Voter Registration and Absentee Ballot 
                        Application'', and
                            (ii) in the matter preceding paragraph (1), 
                        by striking ``official post card form'' and 
                        inserting ``official Federal Voter Registration 
                        and Absentee Ballot Application''; and
                    (C) in subsection (e), by striking ``the postcard 
                form'' and inserting ``the official Federal Voter 
                Registration and Absentee 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 Absentee 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 Absentee 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 Absentee 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 is returned with insufficient 
        postage.
            ``(7) 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 is returned with insufficient postage.
            ``(6) The envelope in which the ballot is submitted bears a 
        postmark from a location within the United States.
            ``(7) The envelope in which the ballot is submitted does 
        not bear a postmark, if the voter has signed and dated the 
        ballot or the envelope in which the ballot is submitted.
            ``(8) 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. RESTRICTIONS ON FORM OF DOCUMENTATION REQUIRED FOR APPLICATIONS 
              AND BALLOTS PRODUCED BY STATES.

    (a) Documentation Required for Voter Registration and Absentee 
Ballot Applications.--Section 102 of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by 
section 3(a), is amended by adding at the end the following new 
subsection:
    ``(f) Prohibiting Requirement of Documentation Not Available to 
Absent Uniformed Services or Overseas Voters.--A State may not require 
an absent uniformed services voter or overseas voter who submits a 
voter registration application or absentee ballot application produced 
by the State to include with the application any form of documentation 
which may be issued only to an individual who physically resides in the 
State (such as a current State motor vehicle operator's license or a 
current utility bill).''.
    (b) Documentation Required for Absentee Ballots.--Section 103 of 
such Act (42 U.S.C. 1973ff-2), as amended by section 3(b), is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g) Prohibiting Requirement of Documentation Not Available to 
Absent Uniformed Services or Overseas Voters.--A State may not require 
an absent uniformed services voter or overseas voter who submits an 
absentee ballot produced by the State to include with the ballot any 
form of documentation which may be issued only to an individual who 
physically resides in the State (such as a current State motor vehicle 
operator's license or a current utility bill).''.

SEC. 5. 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';
            ``(2) the State shall ensure that the materials state 
        clearly the identity of the sender and the identity of the 
        intended recipient; and
            ``(3) 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. 6. 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 or after the voter notifies 
the State that the voter is no longer an absent uniformed services 
voter or absentee voter.''.
    (c) Permitting Early Submission of Request by Overseas Voters; 
Permitting Early Submission 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 inserting ``or an 
        overseas voter''; and
            (2) by striking ``for that year''.

SEC. 7. SPECIAL RULES FOR USE OF FEDERAL WRITE-IN ABSENTEE BALLOT IN 
              CERTAIN STATES.

    (a) Treatment of Voters Using Ballot To Vote in States With Same-
Day Voter Registration.--Section 103(c) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended by 
adding at the end the following new paragraph:
            ``(4) If the voter submits the ballot (including the 
        Federal write-in absentee ballot) in an election in a State in 
        which voters may register to vote at the polling place at the 
        time of voting in an election for Federal office, the voter 
        shall be deemed to have met the requirements for registering to 
        vote in the State if the voter has signed the ballot and has 
        provided the same information which is required on the official 
        Federal Voter Registration and Absentee Ballot Application 
        (prescribed under section 101) for simultaneous voter 
        registration and absentee ballot application.''.
    (b) Use of Ballot for State and Local Elections in Certain 
States.--Section 103(a) of such Act (42 U.S.C. 1973ff-2(a)) is amended 
by adding at the end the following: ``In the case of a State in which 
voters may use a State absentee write-in ballot in elections for State 
and local office, the State shall permit a voter who uses the Federal 
write-in absentee ballot under this section to use such ballot in 
elections for State and local office, and the Presidential designee 
shall ensure that the Federal write-in absentee ballot is designed to 
accommodate the use of the ballot for this purpose.''.

SEC. 8. 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 
                        or (if the parent or guardian is domiciled in 
                        the United States) the place in which the 
                        parent or guardian is domiciled;''.

SEC. 9. 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. 10. 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. 11. GRANT PROGRAM FOR OUTREACH TO ABSENT UNIFORMED SERVICES VOTERS 
              AND OVERSEAS VOTERS.

    (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 absent 
        uniformed services voters and overseas 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 absent 
                uniformed services voters and 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 
                        absent uniformed services voters and overseas 
                        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 absent 
                        uniformed services voters and overseas 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.
                            (iii) Protecting absentee ballots cast by 
                        absent uniformed services voters and overseas 
                        voters from incorrect disqualification or 
                        rejection so that all such ballots which are 
                        properly cast are counted, by carrying out 
                        accountability oversight of State and local 
                        election officials and educating such officials 
                        of the requirements of Federal and State laws 
                        and regulations governing the treatment of 
                        these ballots, including the Uniformed and 
                        Overseas Citizens Absentee Voting Act (42 
                        U.S.C. 1973ff et seq.) and any applicable State 
                        and local laws.
                    (D) The organization will file the reports required 
                under subsection (d).
                    (E) The organization will not compile the names of 
                the absent uniformed services voters and overseas 
                voters who participate in the projects funded with the 
                grant for purposes of a membership list, fundraising, 
                or any commercial purpose.
            (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 absent 
        uniformed services voters and overseas 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 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 absent uniformed services voters 
                and overseas voters to whom outreach was provided under 
                the projects.
                    (C) The number of absent uniformed services voters 
                and overseas 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 absent uniformed services voters and overseas 
                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 absent uniformed 
                services voters and overseas 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.
                    (G) The number of absentee ballots submitted by 
                absent uniformed services voters and overseas voters 
                which were not subject to unreasonable rejection or 
                disqualification as a result 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) Definitions.--In this section--
            (1) the term ``absent uniformed services voter'' has the 
        meaning given such term in section 107(1) of the Uniformed and 
        Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)); 
        and
            (2) the term ``overseas voter'' has the meaning given such 
        term in subparagraphs (B) and (C) of section 107(5) of such Act 
        (42 U.S.C. 1973ff-6(5)).
    (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 $10,000,000 for fiscal year 2010 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. 12. 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 
        September 1 of each odd-numbered year and June 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. 13. REGULATIONS.

    Not later than 30 days after the date of the enactment of this Act, 
the Presidential designee under the Uniformed and Overseas Citizens 
Absentee Voting Act shall promulgate such regulations as may be 
necessary to carry out the amendments made to such Act by this Act, 
including regulations to redesign and rename the Federal Voter 
Registration and Absentee Ballot Application under section 101 of such 
Act to reflect the amendments made by section 2 of this Act.

SEC. 14. RULE OF CONSTRUCTION REGARDING INTERNET VOTING.

    Nothing in this Act or in any amendment made by this Act may be 
construed to authorize the Presidential designee under the Uniformed 
and Overseas Citizens Absentee Voting Act or any State or local 
election official to require or authorize any absent uniformed services 
voter or overseas voter under such Act or any other individual to use 
the Internet to cast a ballot in any election for public office.

SEC. 15. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring on or after the expiration of the 120-day period 
which begins on the date of the enactment of this Act.
                                 <all>