[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2393 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2393
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
improve procedures for the collection and delivery of marked absentee
ballots of absent overseas uniformed services voters, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2009
Mr. McCarthy of California (for himself, Mr. Boren, Mr. Cantor, Mr.
Daniel E. Lungren of California, Mr. Harper, and Mr. Tiahrt) 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
improve procedures for the collection and delivery of marked 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. SHORT TITLE.
This Act may be cited as the ``Military Voting Protection Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the defense of freedom, members of the United States
Armed Forces are routinely deployed to overseas theaters of
combat, assigned to overseas locations, and assigned to ocean-
going vessels far from home.
(2) As the United States continues to fight the Global War
on Terror, the substantial need for overseas service by members
of the Armed Forces will continue, as we live in what senior
Army leaders have referred to as an ``era of persistent
conflict''.
(3) The right to vote is one of the most basic and
fundamental rights enjoyed by Americans, and one which the
members of the Armed Forces bravely defend both at home in the
United States and overseas.
(4) The decisions of elected officials of the United States
Government directly impact the members of the Armed Forces who
are often called to deploy or otherwise serve overseas as a
result of decisions made by such elected officials.
(5) The ability of the members of the Armed Forces to vote
while serving overseas has been hampered by numerous factors,
including inadequate processes for ensuring their timely
receipt of absentee ballots, delivery methods that are
typically slow and antiquated, and a myriad of absentee voting
procedures that are often confusing and vary among the several
States.
(6) The Uniformed and Overseas Citizens Absentee Voting
Act, which requires the States to allow absentee voting for
members of the Armed Forces and other specified groups of
United States citizens, was intended to protect the voting
rights of members of the Armed Forces.
(7) The current system of absentee voting for overseas
members of the Armed Forces could be greatly improved by
decreasing delays in the process, and certain steps by the
Department of Defense, including utilization of express mail
services for the delivery of completed absentee ballots, would
address the major sources of delay.
SEC. 3. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
(a) 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 the
Federal write-in absentee ballot 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) Utilization of express mail delivery services.--The
Presidential designee shall carry out this section by utilizing
the express mail delivery services of the United States Postal
Service.
``(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 fourth day preceding 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).
``(c) Tracking Mechanism.--Under the procedures established under
this section, the Presidential designee, working in conjunction with
the United States Postal Service, shall implement procedures to enable
any individual whose marked absentee 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 Presidential designee
may provide.
``(d) 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 a regularly scheduled general election for
Federal office to which this section applies of the procedures for the
collection and delivery of marked absentee ballots established pursuant
to this section, including the manner in which such voters may utilize
such procedures for the submittal of marked absentee ballots in the
election.
``(e) Reports on Utilization of Procedures.--
``(1) Reports required.--Not later than 180 days after each
regularly scheduled general election for Federal office to
which this section applies, the Presidential designee shall
submit to the relevant committees of Congress a report on the
utilization of the procedures for the collection and delivery
of marked absentee ballots established pursuant to this section
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 and the number of such ballots which were not
delivered by the time of the closing of the polls on the date
of the election (and the reasons therefor).
``(3) Relevant committees of congress defined.--In this
subsection, the term `relevant committees of Congress' means--
``(A) the Committees on Appropriations, Armed
Services, and Rules and Administration of the Senate;
and
``(B) the Committees on Appropriations, Armed
Services, and House Administration of the House of
Representatives.
``(f) 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).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Presidential designee such sums as may be necessary
to carry out this section.
``(h) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2010 and each succeeding election for Federal office.''.
(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) Report on Status of Implementation.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Presidential designee
under section 101(a) of the Uniformed and Overseas Citizens
Absentee Voting Act shall submit to the relevant committees of
Congress 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 such 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 2010.
(3) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress'' has
the meaning given such term in section 103A(e)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act, as added
by subsection (a).
SEC. 4. 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 3(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) to the greatest extent practicable, take such actions
as may be required to ensure that absent uniformed services
voters who cast absentee ballots at locations or facilities
under the Presidential designee's jurisdiction are able to do
so in a private and independent manner, and take such actions
as may be required to protect the privacy of the contents of
absentee ballots cast by absent uniformed services voters and
overseas voters while such ballots are in the Presidential
designee's possession or control.''.
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