[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1026 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1026

  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 SENATE OF THE UNITED STATES

                              May 12, 2009

Mr. Cornyn (for himself, Mr. Inhofe, Mr. Wyden, Mrs. Hutchison, and Mr. 
    Begich) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and 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.''.
                                 <all>