[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3416 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3416

To extend to individuals evacuated from their residences as a result of 
     a major disaster the right to use the absentee balloting and 
registration procedures available to military and overseas voters under 
the Uniformed and Overseas Citizens Absentee Voting Act, to direct the 
 Election Assistance Commission to make grants to States to respond to 
 election administration needs which result from a major disaster, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2009

Mr. Davis of Alabama introduced the following bill; which was referred 
   to the Committee on House Administration, and in addition to the 
  Committee on Transportation and Infrastructure, 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 extend to individuals evacuated from their residences as a result of 
     a major disaster the right to use the absentee balloting and 
registration procedures available to military and overseas voters under 
the Uniformed and Overseas Citizens Absentee Voting Act, to direct the 
 Election Assistance Commission to make grants to States to respond to 
 election administration needs which result from a major disaster, 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 ``Disaster Assistance Voting Act of 
2009''.

SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS 
              VOTERS TO INDIVIDUALS EVACUATED AS A RESULT OF MAJOR 
              DISASTER.

    (a) Right of Evacuees To Use Absentee Balloting and Registration 
Procedures Available to Military and Overseas Voters.--In the case of 
any individual who is an eligible evacuee--
            (1) the individual shall be treated in the same manner as 
        an absent uniformed services voter and overseas voter for 
        purposes of the Uniformed and Overseas Citizens Absentee Voting 
        Act (42 U.S.C. 1973ff et seq.), other than section 103(b)(1) 
        (42 U.S.C. 1973ff-2(b)(1)); and
            (2) the individual shall be deemed to be an individual who 
        is entitled to vote by absentee ballot for purposes of the 
        National Voter Registration Act of 1993 and the Help America 
        Vote Act of 2002.
    (b) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) The term ``eligible evacuee'' means an individual--
                    (A) who certifies to the appropriate State election 
                official that the individual's predisaster primary 
                residence is rendered uninhabitable or inaccessible as 
                a result of damage or evacuation caused by a major 
                disaster; and
                    (B) who provides the official with an affidavit 
                stating that the individual intends to return to the 
                place of residence where the individual is otherwise 
                qualified to vote after the election or elections 
                involved.
            (2) The term ``major disaster'' has the meaning given such 
        term under section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122).
            (3) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, Guam, and the United States Virgin Islands.
    (c) Effective Date.--This section shall apply with respect to 
elections for Federal office held in calendar years beginning with 
2010.

SEC. 3. GRANTS TO STATES FOR RESPONDING TO ELECTION ADMINISTRATION 
              NEEDS RESULTING FROM MAJOR NATURAL DISASTERS.

    (a) Authority To Make Grants.--The Election Assistance Commission 
shall make a grant to each eligible State, in such amount as the 
Commission considers appropriate, for purposes of restoring and 
replacing supplies, materials, and equipment used in the administration 
of elections in the State which were damaged as a result of a major 
natural disaster, and for conducting voter outreach and education for 
voters displaced as a result of a major natural disaster, as determined 
on the basis of such criteria as the Commission may establish.
    (b) Eligibility.--
            (1) In general.--A State is eligible to receive a grant 
        under this section if it submits to the Commission (at such 
        time and in such form as the Commission may require) a 
        certification that supplies, materials, and equipment used in 
        the administration of elections in the State were damaged as a 
        result of a major natural disaster.
            (2) Preference for states using funds for satellite voting 
        sites.--In determining the eligibility of States for receiving 
        grants under this section and the amount of the grant awarded 
        to a State, the Commission shall give preference to States 
        which will use the grant to operate voting sites for displaced 
        voters which are located outside of the area which was affected 
        by the major natural disaster.
    (c) Definition.--In this section, the term ``State'' means each of 
the several States, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, and the United States Virgin 
Islands.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2010 and each succeeding fiscal year such 
sums as may be necessary to carry out this section, to remain available 
until expended.

SEC. 4. DELAY IN REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF VOTERS ON 
              GROUNDS OF CHANGE OF RESIDENCE.

    Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 
1973gg-6) is amended--
            (1) in subsection (b)(2)(B), by inserting after ``2 or 
        more'' the following: ``(or, in the case of an individual who 
        at any time after the applicable registrar sends the notice is 
        an eligible evacuee under the Disaster Assistance Voting Act of 
        2009, 3 or more)''; and
            (2) in subsection (d)(1)(B)(ii), by inserting after ``the 
        second general election'' the following: ``(or, in the case of 
        an individual who at any time after the date of the notice is 
        an eligible evacuee under the Disaster Assistance Voting Act of 
        2009, the third general election)''.

SEC. 5. NOTIFYING DISPLACED INDIVIDUALS OF AVAILABILITY OF PROTECTIONS.

    (a) Individuals Receiving Services at Designated State Voter 
Registration Agencies.--Each motor vehicle authority in a State and 
each voter registration agency designated in a State under section 7(a) 
of the National Voter Registration Act of 1993 shall take such steps as 
may be necessary to notify individuals to whom services are provided of 
the protections provided by section 2 and of the requirements for 
obtaining those protections, including the requirement to submit an 
affidavit stating that the individual intends to return to the place of 
residence where the individual is otherwise qualified to vote.
    (b) Applicants for Housing Assistance Under Stafford Act.--
            (1) In general.--Section 408(b) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5174(b)) is amended by adding at the end the following new 
        paragraph:
            ``(3) Notification of availability of right to use certain 
        absentee balloting and registration procedures.--The President 
        shall notify each individual and household who receives housing 
        assistance under this section of the protections provided by 
        section 2 of the Disaster Assistance Voting Act of 2009 
        (relating to the right to register to vote and vote by absentee 
        ballot in elections for Federal office) and of the requirements 
        for obtaining those protections, including the requirement to 
        submit an affidavit stating that the individual intends to 
        return to the place of residence where the individual is 
        otherwise qualified to vote.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to assistance received on or after the 
        date of the enactment of this Act.
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