[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1415 Reported in Senate (RS)]
Calendar No. 114
111th CONGRESS
1st Session
S. 1415
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
ensure that absent uniformed services voters and overseas voters are
aware of their voting rights and have a genuine opportunity to register
to vote and have their absentee ballots cast and counted, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2009
Mr. Schumer (for himself, Mr. Chambliss, Mr. Nelson of Nebraska, Mr.
Isakson, Ms. Cantwell, Mrs. Shaheen, Mr. Burris, Mr. Vitter, Mr. Casey,
Mr. Pryor, Mr. Byrd, Mr. Bennett, Mr. Udall of New Mexico, Mr. Inouye,
Mrs. Feinstein, Mr. Durbin, Mrs. Murray, Mr. Warner, Mrs. Hutchison,
Mr. Alexander, Mr. Cornyn, Mr. Conrad, Mr. Brownback, Mr. Specter, Mr.
Wicker, Mr. Burr, Mr. Lieberman, Mr. Roberts, Mr. Risch, Mrs. Lincoln,
Mr. Thune, and Mr. Bond) introduced the following bill; which was read
twice and referred to the Committee on Rules and Administration
July 16, 2009
Reported by Mr. Schumer, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
ensure that absent uniformed services voters and overseas voters are
aware of their voting rights and have a genuine opportunity to register
to vote and have their absentee ballots cast and counted, 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 and Overseas Voter
Empowerment Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental right.
(2) Due to logistical, geographical, operational and
environmental barriers, military and overseas voters are
burdened by many obstacles that impact their right to vote and
register to vote, the most critical of which include problems
transmitting balloting materials and not being given enough
time to vote.
(3) States play an essential role in facilitating the
ability of military and overseas voters to register to vote and
have their ballots cast and counted, especially with respect to
timing and improvement of absentee voter registration and
absentee ballot procedures.
(4) The Department of Defense educates military and
overseas voters of their rights under the Uniformed and
Overseas Citizens Absentee Voting Act and plays an
indispensable role in facilitating the procedural channels that
allow military and overseas voters to have their votes count.
(5) The local, State, and Federal Government entities
involved with getting ballots to military and overseas voters
must work in conjunction to provide voter registration services
and balloting materials in a secure and expeditious manner.
SEC. 3. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES.
A State may delegate its responsibilities in carrying out the
requirements under the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff et seq.) imposed as a result of the provisions of
and amendments made by this Act to jurisdictions of the State.
SEC. <DELETED>3</DELETED>4. ESTABLISHMENT OF PROCEDURES FOR ABSENT
UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS TO REQUEST
AND FOR STATES TO SEND VOTER REGISTRATION APPLICATIONS
AND ABSENTEE BALLOT APPLICATIONS <DELETED>BY MAIL,
ELECTRONICALLY, AND BY FACSIMILE</DELETED>BY MAIL OR
ELECTRONICALLY.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for absent uniformed services voters and
overseas voters to request <DELETED>by mail,
electronically, and by facsimile</DELETED>by mail or
electronically voter registration applications and
absentee ballot applications with respect to general,
special, primary, and runoff elections for Federal
office in accordance with subsection (e);
``(B) for States to send <DELETED>by mail,
electronically, and by facsimile</DELETED>by mail or
electronically (in accordance with the preferred method
of transmission designated by the absent uniformed
services voter or overseas voter under subparagraph
(C)) voter registration applications and absentee
ballot applications requested under subparagraph (A) in
accordance with subsection (e); and
``(C) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such voter registration application or absentee ballot
application to be transmitted <DELETED>by mail,
electronically, or by facsimile.</DELETED>by mail or
electronically.''; and
(2) by adding at the end the following new subsection:
<DELETED> ``(e) Designation of Email Address and Facsimile Number
for Absent Uniformed Services Voters and Overseas Voters To Request and
for States To Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting Information.--
</DELETED>
<DELETED> ``(1) In general.--Each State shall, in addition
to the designation of a single State office under subsection
(b), designate not less than 1 email address and not less than
1 facsimile number--</DELETED>
``(e) Designation of Means of Electronic Communication for Absent
Uniformed Services Voters and Overseas Voters to Request and for States
to Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication
(such as an email address, Internet website, or facsimile)--
``(A) for use by absent uniformed services voters
and overseas voters who wish to register to vote or
vote in any jurisdiction in the State to request voter
registration applications and absentee ballot
applications under subsection (a)(6);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to absent uniformed
services voters and overseas voters.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to absent uniformed
services voters and overseas voters, including a means of
electronic communication for the appropriate jurisdiction of
the State.
<DELETED> ``(2) Inclusion of designated email address and
facsimile number on balloting materials and related
communications.--Each State shall include an email address and
facsimile number so designated on all balloting materials and
related communications sent by the State to absent uniformed
services voters and overseas voters.</DELETED>
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to absent uniformed
services voters and overseas voters.
``<DELETED>(3)</DELETED>(4) Availability and maintenance of
online repository of state contact information.--The Federal
Voting Assistance Program of the Department of Defense shall
maintain and make available to the public an online repository
of State contact information with respect to elections for
Federal office, including the single State office designated
under subsection (b) and the <DELETED>email address and
facsimile number</DELETED>means of electronic communication
designated under paragraph (1), to be used by absent uniformed
services voters and overseas voters as a resource to send voter
registration applications and absentee ballot applications to
the appropriate jurisdiction in the State.
``<DELETED>(4)</DELETED>(5) Transmission if no preference
indicated.--In the case where an absent uniformed services
voter or overseas voter does not designate a preference under
subsection (a)(6)(C), the State shall transmit the voter
registration application or absentee ballot application by any
delivery method allowable in accordance with applicable State
law, or if there is no applicable State law, by mail.
<DELETED> ``(5) Privacy protections.--The procedures
established under subsection (a)(6) shall ensure that the
privacy of the identity and other personal data of an absent
uniformed services voter or overseas voter who requests or is
sent a voter registration application or absentee ballot
application under such subsection is protected throughout the
process of making such request or being sent such
application.</DELETED>
``(6) Security and privacy protections.--
``(A) Security protections.--To the extent
practicable, States shall ensure that the procedures
established under subsection (a)(6) protect the
security and integrity of the voter registration and
absentee ballot application request processes.
``(B) Privacy protections.--To the extent
practicable, the procedures established under
subsection (a)(6) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter who requests or is
sent a voter registration application or absentee
ballot application under such subsection is protected
throughout the process of making such request or being
sent such application.''.
(b) Effective Date.--The amendments made by 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.
SEC. <DELETED>4</DELETED>5. ESTABLISHMENT OF PROCEDURES FOR STATES TO
TRANSMIT BLANK ABSENTEE BALLOTS BY <DELETED>MAIL, ONLINE,
AND BY FACSIMILE</DELETED>MAIL AND ELECTRONICALLY TO
ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section
<DELETED>3</DELETED>4, is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting <DELETED>by mail, electronically, and by
facsimile</DELETED>by mail and electronically blank absentee
ballots to absent uniformed services voters and overseas voters
with respect to general, special, primary, and runoff elections
for Federal office in accordance with subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Transmission of Blank Absentee Ballots by <DELETED>Mail,
Online, and by Facsimile</DELETED>mail and Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to transmit blank absentee ballots by
<DELETED>mail, electronically, and by
facsimile</DELETED>mail and electronically (in
accordance with the preferred method of transmission
designated by the absent uniformed services voter or
overseas voter under subparagraph (B)) to absent
uniformed services voters and overseas voters for an
election for Federal office; and
``(B) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such blank absentee ballot to be transmitted
<DELETED>by mail, electronically, or by
facsimile</DELETED>by mail and electronically.
``(2) Transmission if no preference indicated.--In the case
where an absent uniformed services voter or overseas voter does
not designate a preference under paragraph (1)(B), the State
shall transmit the ballot by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
<DELETED> ``(3) Privacy protections.--The procedures
established under subsection (a)(7) shall ensure that the
privacy of the identity and other personal data of an absent
uniformed services voter or overseas voter to whom a blank
absentee ballot is transmitted under such subsection is
protected throughout the process of such
transmission.</DELETED>
``(3) Security and privacy protections.--
``(A) Security protections.--To the extent
practicable, States shall ensure that the procedures
established under subsection (a)(7) protect the
security and integrity of absentee ballots.
``(B) Privacy protections.--To the extent
practicable, the procedures established under
subsection (a)(7) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter to whom a blank
absentee ballot is transmitted under such subsection is
protected throughout the process of such
transmission.''.
(b) Effective Date.--The amendments made by 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.
SEC. <DELETED>5</DELETED>6. ENSURING ABSENT UNIFORMED SERVICES VOTERS
AND OVERSEAS VOTERS HAVE TIME TO VOTE.
<DELETED> (a) In General.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by
section 4, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (6), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (7), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the following new
paragraphs:</DELETED>
<DELETED> ``(8) except as provided in subsection (g),
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter--</DELETED>
<DELETED> ``(A) in the case where the request is
received at least 45 days before an election for
Federal office, not later than 45 days before the
election; and</DELETED>
<DELETED> ``(B) in the case where the request is
received less than 45 days before an election for
Federal office--</DELETED>
<DELETED> ``(i) in accordance with State
law; and</DELETED>
<DELETED> ``(ii) if practicable and as
determined appropriate by the State, in a
manner that expedites the transmission of such
absentee ballot; and</DELETED>
<DELETED> ``(9) except as provided in subsection (g), accept
and count a marked absentee ballot of an absent uniformed
services voter or overseas voter that is postmarked or
otherwise officially dated on or before the election for
Federal office involved if the marked absentee ballot is
received by the State on or before the later of--</DELETED>
<DELETED> ``(A) the date that is 55 days after the
date on which a validly requested absentee ballot is
required to be transmitted under paragraph (8)(A);
or</DELETED>
<DELETED> ``(B) the date on which the State
certifies the election.''; and</DELETED>
<DELETED> (2) by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(g) Exemption of Certain States From Certain Time
Requirements.--</DELETED>
<DELETED> ``(1) In general.--A State is not required to
comply with the requirements of paragraphs (8) and (9) of
subsection (a) if, on and after the date of enactment of this
subsection, the State has in effect a law providing that a
State absentee ballot is required to be available to any absent
uniformed services voter or overseas voter not later than 55
days before the election for Federal office involved
(determined beginning on the date on which the State transmits
a blank absentee ballot to an absent uniformed services voter
or overseas voter and ending on the deadline of the State for
receipt of such application).</DELETED>
<DELETED> ``(2) Hardship exemption.--</DELETED>
<DELETED> ``(A) In general.--If the chief State
election official determines that the State is unable
to meet the requirements under such paragraphs with
respect to an election for Federal office due to an
undue hardship described in subparagraph (B)(ii), the
chief State election official shall request that the
Presidential designee grant a waiver to the State of
the application of such paragraphs. Such request shall
include--</DELETED>
<DELETED> ``(i) a recognition that the
purpose of such paragraphs is to allow absent
uniformed services voters and overseas voters
enough time to vote in an election for Federal
office;</DELETED>
<DELETED> ``(ii) an explanation of the
hardship that indicates why the State is unable
to transmit absent uniformed services voters
and overseas voters an absentee ballot in
accordance with such paragraphs;</DELETED>
<DELETED> ``(iii) the number of days prior
to the election for Federal office that the
State requires absentee ballots be transmitted
to absent uniformed services voters and
overseas voters; and</DELETED>
<DELETED> ``(iv) a comprehensive plan to
ensure that absent uniformed services voters
and overseas voters are able to receive
absentee ballots which they have requested and
submit marked absentee ballots to the
appropriate State election official in time to
have that ballot counted in the election for
Federal office, which includes--</DELETED>
<DELETED> ``(I) the steps the State
will undertake to ensure that absent
uniformed services voters and overseas
voters have time to receive, mark, and
submit their ballots in time to have
those ballots counted in the
election;</DELETED>
<DELETED> ``(II) why the plan
provides absent uniformed services
voters and overseas voters sufficient
time to vote as a substitute for the
requirements under such paragraphs;
and</DELETED>
<DELETED> ``(III) the underlying
factual information which explains how
the plan provides such sufficient time
to vote as a substitute for such
requirements.</DELETED>
<DELETED> ``(B) Approval of waiver request.--The
Presidential designee shall approve a waiver request
under subparagraph (A) if the Presidential designee
determines each of the following requirements are
met:</DELETED>
<DELETED> ``(i) The comprehensive plan under
clause (iv) of such subparagraph provides
absent uniformed services voters and overseas
voters sufficient time to receive absentee
ballots they have requested and submit marked
absentee ballots to the appropriate State
election official in time to have that ballot
counted in the election for Federal
office.</DELETED>
<DELETED> ``(ii) One or more of the
following issues creates an undue hardship for
the State:</DELETED>
<DELETED> ``(I) The State's primary
election date prohibits the State from
complying with such paragraphs (8) and
(9).</DELETED>
<DELETED> ``(II) The State has
suffered a delay in generating ballots
due to a legal contest with respect to
a primary election.</DELETED>
<DELETED> ``(III) The State
Constitution prohibits the State from
complying with such
paragraphs.</DELETED>
<DELETED> ``(C) Timing of waiver.--</DELETED>
<DELETED> ``(i) In general.--Except as
provided under clause (ii), a State that
requests a waiver under subparagraph (A) shall
submit to the Presidential designee the written
waiver request not later than 90 days before
the election for Federal office with respect to
which the request is submitted. The
Presidential designee shall approve or deny the
waiver request not later than 65 days before
such election.</DELETED>
<DELETED> ``(ii) Exception.--If a State
requests a waiver under subparagraph (A) as the
result of an undue hardship described in
subparagraph (B)(ii)(II), the State shall
submit to the Presidential designee the written
waiver request as soon as practicable. The
Presidential designee shall approve or deny the
waiver request not later than 5 business days
after the date on which the request is
received.</DELETED>
<DELETED> ``(D) Application of waiver.--A waiver
approved under subparagraph (B) shall only apply with
respect to the election for Federal office for which
the request was submitted. For each subsequent election
for Federal office, the Presidential designee shall
only approve a waiver if the State has submitted a
request under subparagraph (A) with respect to such
election.''.</DELETED>
<DELETED> (b) Runoff Elections.--Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as
amended by subsection (a), is amended--</DELETED>
<DELETED> (1) in paragraph (8), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (9), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(10) if the State declares or otherwise holds a
runoff election for Federal office, establish a written plan
that provides absentee ballots are made available to absent
uniformed services voters and overseas voters in manner that
gives them sufficient time to vote in the runoff
election.''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by 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.</DELETED>
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as amended by section
5, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and, except as
provided in subsection (g), transmit validly requested
absentee ballots to such voters, in the case where the
request is received at least 45 days before an election
for Federal office, not later than 45 days before the
election'' before the semicolon at the end;
(B) in paragraph (6), by striking ``and'' at the
end;
(C) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following new
paragraph:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter, in the case
where the request is received less than 45 days before an
election for Federal office--
``(A) in accordance with State law; and
``(B) if practicable and as determined appropriate
by the State, in a manner that expedites the
transmission of such absentee ballot.''.
(2) by adding at the end the following new subsection:
``(g) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(1) with respect to an election for Federal
office due to an undue hardship described in paragraph (2)(B),
the chief State election official shall request that the
Presidential designee grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to allow absent uniformed services voters
and overseas voters enough time to vote in an election
for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit absent uniformed
services voters and overseas voters an absentee ballot
in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to absent uniformed services voters and
overseas voters; and
``(D) a comprehensive plan to ensure that absent
uniformed services voters and overseas voters are able
to receive absentee ballots which they have requested
and submit marked absentee ballots to the appropriate
State election official in time to have that ballot
counted in the election for Federal office, which
includes--
``(i) the steps the State will undertake to
ensure that absent uniformed services voters
and overseas voters have time to receive, mark,
and submit their ballots in time to have those
ballots counted in the election;
``(ii) why the plan provides absent
uniformed services voters and overseas voters
sufficient time to vote as a substitute for the
requirements under such subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--After consulting with
the Attorney General, the Presidential designee shall approve a
waiver request under paragraph (1) if the Presidential designee
determines each of the following requirements are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides absent uniformed services
voters and overseas voters sufficient time to receive
absentee ballots they have requested and submit marked
absentee ballots to the appropriate State election
official in time to have that ballot counted in the
election for Federal office.
``(B) One or more of the following issues creates
an undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(1).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits
the State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Presidential designee
the written waiver request not later than 90 days
before the election for Federal office with respect to
which the request is submitted. The Presidential
designee shall approve or deny the waiver request not
later than 65 days before such election.
``(B) Exception.--If a State requests a waiver
under paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Presidential designee the written waiver
request as soon as practicable. The Presidential
designee shall approve or deny the waiver request not
later than 5 business days after the date on which the
request is received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Presidential
designee shall only approve a waiver if the State has submitted
a request under paragraph (1) with respect to such election.''.
(b) Runoff Elections.--Section 102(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by
subsection (a), is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to absent
uniformed services voters and overseas voters in manner that
gives them sufficient time to vote in the runoff election.''.
(c) Effective Date.--The amendments made by 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.
<DELETED>SEC. 6. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED
ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES
VOTERS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED
ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES
VOTERS.</DELETED>
<DELETED> ``(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 State
election officials.</DELETED>
<DELETED> ``(b) Utilization of Express Mail Delivery Services.--
Under the procedures established under this section, the Presidential
designee, working in conjunction with the United States Postal Service,
shall implement procedures that provide absent uniformed services
voters access to express mail delivery service for the purpose of
mailing marked absentee ballots to the appropriate State election
official. Such procedures shall ensure that the following requirements
are met:</DELETED>
<DELETED> ``(1) No postage requirement.--In accordance with
section 3406 of title 39, United States Code, such marked
absentee ballots and other balloting materials are carried free
of postage.</DELETED>
<DELETED> ``(2) Date of mailing.--Such marked absentee
ballots are postmarked with a record of the date on which the
ballot is mailed.</DELETED>
<DELETED> ``(c) 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).''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 101(b) of such Act (42
U.S.C. 1973ff(b)) is amended--</DELETED>
<DELETED> (1) by striking ``and'' at the end of paragraph
(6);</DELETED>
<DELETED> (2) by striking the period at the end of paragraph
(7) and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Tracking Marked Ballots.--Section 102 of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as
amended by section 5, is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(h) Tracking Marked Ballots.--The chief State election
official, in coordination with local election jurisdictions, shall
develop a free access system by which an absent uniformed services
voter or overseas voter may determine whether the absentee ballot of
the absent uniformed services voter or overseas voter has been received
by the appropriate State election official.''.</DELETED>
<DELETED> (d) Effective Date.--The amendments made by 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.</DELETED>
SEC. 7. 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) Establishment of Procedures.--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 such marked absentee ballots to the
appropriate State election officials.
``(b) Delivery to Local Election Officials.--
``(1) In general.--Under the procedures established under
this section, the Presidential designee shall implement
procedures that facilitate the delivery of marked absentee
ballots of absent uniformed services voters for regularly
scheduled general elections for Federal office to the
appropriate State election officials in accordance with this
section.
``(2) Cooperation and coordination with the united states
postal service.--The Presidential designee shall carry out this
section in cooperation and coordination with the United States
Postal Service, and shall provide expedited mail delivery
service for all such marked absentee ballots of absent
uniformed services voters that are collected on or before the
deadline described in paragraph (3) and then transferred to 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 seventh day preceding the date of
the regularly scheduled general election for Federal
office.
``(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 provide timely delivery of the
ballot under paragraph (1).
``(4) No postage requirement.--In accordance with section
3406 of title 39, United States Code, such marked absentee
ballots and other balloting materials shall be carried free of
postage.
``(5) Date of mailing.--Such marked absentee ballots shall
be postmarked with a record of the date on which the ballot is
mailed.
``(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 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 pursuant
to this section.
``(d) 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 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 such ballots were not so
delivered).
``(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.
``(e) 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).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Presidential designee such sums as may be necessary
to carry out this section.''.
(b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) 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.''.
(c) State Responsibilities.--Section 102(a) of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 6, is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding the following new paragraph:
``(10) carry out section 103A(b)(1) with respect to the
processing and acceptance of marked absentee ballots of absent
overseas uniformed services voters.''.
(d) Tracking Marked Ballots.--Section 102 of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 6, is amended by adding at the end
the following new subsection:
``(h) Tracking Marked Ballots.--The chief State election official,
in coordination with local election jurisdictions, shall develop a free
access system by which an absent uniformed services voter or overseas
voter may determine whether the absentee ballot of the absent uniformed
services voter or overseas voter has been received by the appropriate
State election official.''.
(e) Report on Status of Implementation.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the individual designated
under section 101(a) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(a)) shall submit to the
relevant committees of Congress a report on the status of the
implementation of the procedures established for the collection
and delivery of marked absentee ballots of absent overseas
uniformed services voters under 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 such procedures and a
detailed description of the specific steps taken towards such
implementation for the regularly scheduled general election for
Federal office held in 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(d)(3) of the
Uniformed and Overseas Citizens Absentee Voting Act, as added
by subsection (a).
(f) 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 subsection (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 necessary--
``(A) to ensure that absent uniformed services
voters who cast absentee ballots at locations or
facilities under the jurisdiction of the Presidential
designee are able to do so in a private and independent
manner; and
``(B) to protect the privacy of the contents of
absentee ballots cast by absentee uniformed services
voters and overseas voters while such ballots are in
the possession or control of the Presidential
designee.''.
(g) Effective Date.--The amendments made by 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.
SEC. <DELETED>7</DELETED>8. FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) Use in General, Special, Primary, and Runoff Elections for
Federal Office.--
(1) In general.--Section 103 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--
(A) in subsection (a), by striking ``general
elections for Federal office'' and inserting ``general,
special, primary, and runoff elections for Federal
office'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``a general election'' and
inserting ``a general, special, primary, or runoff
election for Federal office''; and
(C) in subsection (f), by striking ``the general
election'' each place it appears and inserting ``the
general, special, primary, or runoff election for
Federal office''.
(2) Effective date.--The amendments made by this subsection
shall take effect on December 31, 2010, and apply with respect
to elections for Federal office held on or after such date.
(b) Promotion and Expansion of Use.--Section 103(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
2) is amended--
(1) by striking ``General.--The Presidential'' and
inserting ``General.--
``(1) Federal write-in absentee ballot.--The
Presidential''; and
(2) by adding at the end the following new paragraph:
``(2) Promotion and expansion of use of federal write-in
absentee ballots.--
``(A) In general.--Not later than December 31,
2011, the Presidential designee shall adopt procedures
to promote and expand the use of the Federal write-in
absentee ballot as a back-up measure to vote in
elections for Federal office.
``(B) Use of technology.--Under such procedures,
the Presidential designee shall utilize technology to
implement a system under which the absent uniformed
services voter or overseas voter may--
``(i) enter the address of the voter or
other information relevant in the appropriate
jurisdiction of the State, and the system will
generate a list of all candidates in the
election for Federal office in that
jurisdiction; and
``(ii) submit the marked Federal write-in
absentee ballot by printing the ballot
(including complete instructions for submitting
the marked Federal write-in absentee ballot to
the appropriate State election official and the
mailing address of the single State office
designated under section 102(b)).''.
SEC. <DELETED>8</DELETED>9. PROHIBITING REFUSAL TO ACCEPT VOTER
REGISTRATION AND ABSENTEE BALLOT APPLICATIONS, MARKED
ABSENTEE BALLOTS, AND FEDERAL WRITE-IN ABSENTEE BALLOTS
FOR FAILURE TO MEET <DELETED>TECHNICAL</DELETED>CERTAIN
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), as amended by section <DELETED>6</DELETED>7, is
amended by adding at the end the following new subsection:
``(i) Prohibiting Refusal To Accept Applications for Failure To
Meet <DELETED>Technical</DELETED>certain Requirements.--A State shall
not refuse to accept and process any otherwise valid voter registration
application or absentee ballot application (including the official post
card form prescribed under section 101) or marked absentee ballot
submitted in any manner by an absent uniformed services voter or
overseas voter solely on the basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(b) Federal Write-In Absentee Ballot.--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
<DELETED>Technical</DELETED>certain Requirements.--A State shall not
refuse to accept and process any otherwise valid Federal write-in
absentee ballot submitted in any manner by an absent uniformed services
voter or overseas voter solely on the basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(c) Effective Date.--The amendments made by 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.
SEC. <DELETED>9</DELETED>10. FEDERAL VOTING ASSISTANCE PROGRAM
IMPROVEMENTS.
(a) Federal Voting Assistance Program Improvements.--
(1) In general.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. <DELETED>1397</DELETED>1973ff et
seq.), as amended by section <DELETED>6</DELETED>7, is amended
by inserting after section 103A the following new section:
``SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.
<DELETED> ``(a) In General.--The Presidential designee shall develop
standards for training, supporting, and emphasizing Voting Assistance
Officers under the Federal Voting Assistance Program of the Department
of Defense--</DELETED>
<DELETED> ``(1) for all members of the uniformed services;
and</DELETED>
<DELETED> ``(2) on all installations and facilities of the
uniformed services in the United States and overseas.</DELETED>
<DELETED> ``(b) Duties.--The Presidential designee shall carry out
the following duties:</DELETED>
<DELETED> ``(1) Assign Senior Voting Assistance Officers as
follows:</DELETED>
<DELETED> ``(A)(i) Assign 1 Senior Voting Assistance
Officer on each installation or facility and in each
organization of the uniformed services, at the 0-6
level, to coordinate the programs conducted by
subordinate units and tenant commands.</DELETED>
<DELETED> ``(ii) To the extent practicable, subject
to clause (iii), an individual assigned under this
subparagraph as the Senior Voting Assistance Officer on
an installation or facility or in an organization shall
be an employee in a position at GS-12 or higher of the
General Schedule, or, if a member of a uniformed
service is so assigned, the member shall be in a pay
grade of O-4 or higher.</DELETED>
<DELETED> ``(iii) In the case where the number of
individuals on the installation or facility or in the
organization at the 0-6 level is less than 50, the
Senior Voting Assistance Officer shall be assigned at
the next highest level that has at least 50 individual
assigned to it.</DELETED>
<DELETED> ``(iv) To the extent practicable, each
individual assigned under this subparagraph shall
notify individuals on the installation or facility or
in the organization of the last date before a regularly
scheduled general election for Federal office on which
absentee ballots mailed from that installation,
facility, or organization may reasonably be expected to
be delivered in time to be counted in such
election.</DELETED>
<DELETED> ``(B) Assign 1 Senior Voting Assistance
Officer to each reserve component at its headquarters
level.</DELETED>
<DELETED> ``(2) Designate and assign in writing 1 Voting
Assistance Officer to each unit, installation, or facility of
the uniformed services for every 50 members of a uniformed
service permanently assigned to the unit, installation, or
facility. A member of a uniformed service assigned under the
preceding sentence shall hold a pay grade of not less than O-2
for officers or E-7 for enlisted personnel. Voting Assistance
Officers assigned under this paragraph shall operate under the
guidance of Senior Voting Assistance Officers assigned under
paragraph (1).</DELETED>
<DELETED> ``(3) Ensure that Voting Assistance Officers are
available and equipped to--</DELETED>
<DELETED> ``(A) personally assist absent uniformed
services voters with respect to each election for
Federal office; and</DELETED>
<DELETED> ``(B) ensure that any absent uniformed
services voter who appears to need assistance in
reading or understanding the English language on voter
registration or voting materials receives immediate
assistance with balloting materials in the appropriate
language.</DELETED>
<DELETED> ``(4) Provide Voting Assistance Officers with time
and resources needed to perform their voting assistance duties,
especially during even-numbered years.</DELETED>
<DELETED> ``(5) Develop online portals of information for
use by Voting Assistance Officers--</DELETED>
<DELETED> ``(A) for training purposes; and</DELETED>
<DELETED> ``(B) to inform absent uniformed services
voters regarding voter registration procedures and
absentee ballot procedures to be used by such voters
with respect to elections for Federal office.</DELETED>
<DELETED> ``(6) Establish a program to notify absent
uniformed services voters of voter registration information and
resources, the availability of the Federal postcard
application, and the availability of the Federal write-in
absentee ballot on the military Global Network, and shall use
the military Global Network to notify absent uniformed services
voters of the foregoing 90, 60, and 30 days prior to each
election for Federal office.</DELETED>
<DELETED> ``(7) Include, in the standard forms provided to a
new member of the uniformed services during in-processing upon
arrival at installations and bases of the uniformed services,
information on voter registration procedures and absentee
ballot procedures to be used by absent uniformed services
voters (including the official post card form prescribed under
section 101).</DELETED>
<DELETED> ``(8) Provide clear written notice and
instructions for the absent uniformed services voter to change
their address by submitting the official post card form
prescribed under section 101 to the appropriate State election
official.</DELETED>
<DELETED> ``(9) Not later than December 31 of each year,
transmit to the President and to Congress a report on the
effectiveness of activities carried out under this section,
including the activities and actions of the Federal Voting
Assistance Program of the Department of Defense, a separate
assessment of voter registration and participation by absent
uniformed overseas voters, a separate assessment of voter
registration and participation by overseas voters who are not
members of the uniformed services, and a description of the
cooperation between the States and the Federal Government in
carrying out this section.</DELETED>
``(a) Duties.--The Presidential designee shall carry out the
following duties:
``(1) Develop online portals of information to inform
absent uniformed services voters regarding voter registration
procedures and absentee ballot procedures to be used by such
voters with respect to elections for Federal office.
``(2) Establish a program to notify absent uniformed
services voters of voter registration information and
resources, the availability of the Federal postcard
application, and the availability of the Federal write-in
absentee ballot on the military Global Network, and shall use
the military Global Network to notify absent uniformed services
voters of the foregoing 90, 60, and 30 days prior to each
election for Federal office.
``(3) Not later than December 31 of each year, transmit to
the President and to Congress a report on the effectiveness of
activities carried out under this section, including the
activities and actions of the Federal Voting Assistance Program
of the Department of Defense, a separate assessment of voter
registration and participation by absent uniformed overseas
voters, a separate assessment of voter registration and
participation by overseas voters who are not members of the
uniformed services, and a description of the cooperation
between the States and the Federal Government in carrying out
this section.
``(b) Assessment of Effectiveness of Voting Assistance Officer
Program.--Not later than 90 days after the date of enactment of this
subsection, the Presidential designee shall submit to Congress a report
containing the following:
``(1) A thorough and complete assessment of whether the
Voting Assistance Officer Program of the Department of Defense,
as configured and implemented as of such date of enactment, is
effectively assisting members of the Armed Forces in exercising
their right to vote.
``(2) An inventory and explanation of any areas of voter
assistance in which such Program has failed to accomplish its
stated objectives and effectively assist members of the Armed
Forces in exercising their right to vote.
``(3) A detailed plan for the implementation of a new
program to replace such Program and supplement, as needed,
voter assistance activities required to be performed under this
section.
``(c) Clarification Regarding Other Duties and Obligations.--
Nothing in this section shall relieve the Presidential designee of
their duties and obligations under any directives or regulations issued
by the Department of Defense, including the Department of Defense
Directive 1000.04 (or any successor directive or regulation) that is
not inconsistent or contradictory to the provisions of this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Voting Assistance Program of the Department
of Defense (or a successor program) such sums as are necessary for
purposes of carrying out this section.''.
(2) Conforming amendments.--Section 101 of such Act (42
U.S.C. 1973ff), as amended by section <DELETED>6</DELETED>7, is
amended--
(A) in subparagraph (b)--
(i) by striking ``and'' at the end of
paragraph <DELETED>(7)</DELETED>(8);
(ii) by striking the period at the end of
paragraph <DELETED>(8)</DELETED>(9) and
inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``<DELETED>(9)</DELETED>(10) carry out section 103B with
respect to Federal Voting Assistance Program Improvements.'';
and
(B) by adding at the end the following new
subsection:
``(d) Authorization of Appropriations for Carrying Out Federal
Voting Assistance Program Improvements.--There are authorized to be
appropriated to the Presidential designee such sums as are necessary
for purposes of carrying out subsection
(b)<DELETED>(9)</DELETED>(10).''.
<DELETED> (b) Treatment of Military Pay, Personnel, and
Identification Offices and Certain Other Offices as Voter Registration
Agencies.--Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1), as amended by section 8, is amended by
adding at the end the following new subsection:</DELETED>
<DELETED> ``(j) Treatment of Military Pay, Personnel, and
Identification Offices and Certain Offices as Voter Registration
Agencies.--</DELETED>
<DELETED> ``(1) Pay, personnel, and identification offices
of the department of defense.--Each State and the Secretary of
Defense shall jointly develop and implement procedures for
persons to apply to register to vote at pay, personnel, and
identification offices of the Department of Defense. A pay,
personnel, or identification office of the Department of
Defense shall be considered to be a voter registration agency
designated under section 7(a)(2) of the National Voter
Registration Act of 1993 for all purposes of such
Act.</DELETED>
<DELETED> ``(2) Designation of certain offices at the
installation level.--</DELETED>
<DELETED> ``(A) In general.--A Secretary of a
military department may designate an office at the
installation level, consistent across every
installation of the department of the Secretary
concerned, to serve as a voter registration agency for
that department. An office designated by the Secretary
concerned under the preceding sentence shall be
considered to be a voter registration agency designated
under section 7(a)(2) of such Act for all purposes of
such Act.</DELETED>
<DELETED> ``(B) Definition of military department
and secretary concerned.--In this paragraph, the terms
`military department' and `Secretary concerned' have
the meaning given such terms in paragraphs (8) and (9),
respectively, of section 101 of title 10, United States
Code.</DELETED>
<DELETED> ``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.</DELETED>
(b) Voter Registration Assistance for Absent Uniformed Services
Voters.--Section 102 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1), as amended by section 9, is amended by
adding at the end the following new subsection:
``(j) Voter Registration Assistance for Absent Uniformed Services
Voters.--
``(1) Designating an office as a voter registration agency
on each installation of the armed forces.--Not later than 180
days after the date of enactment of this subsection, each
Secretary of a military department shall take appropriate
actions to designate an office on each installation of the
Armed Forces under the jurisdiction of such Secretary
(excluding any installation in a theater of combat), consistent
across every installation of the department of the Secretary
concerned, to provide each individual described in paragraph
(3)--
``(A) written information on voter registration
procedures and absentee ballot procedures (including
the official post card form prescribed under section
101);
``(B) the opportunity to register to vote in an
election for Federal office;
``(C) the opportunity to update the individual's
voter registration information, including clear written
notice and instructions for the absent uniformed
services voter to change their address by submitting
the official post card form prescribed under section
101 to the appropriate State election official; and
``(D) the opportunity to request an absentee ballot
under this Act.
``(2) Development of procedures.--Each Secretary of a
military department shall develop, in consultation with each
State and the Presidential designee, the procedures necessary
to provide the assistance described in paragraph (1).
``(3) Individuals described.--The following individuals are
described in this paragraph:
``(A) An absent uniformed services voter--
``(i) who is undergoing a permanent change
of duty station;
``(ii) who is deploying overseas for at
least 6 months;
``(iii) who is or returning from an
overseas deployment of at least 6 months; or
``(iv) who at any time requests assistance
related to voter registration.
``(B) All other absent uniformed services voters
(as defined in section 107(1)).
``(4) Timing of provision of assistance.--The assistance
described in paragraph (1) shall be provided to an absent
uniformed services voter--
``(A) described in clause (i) of paragraph (3)(A),
as part of the administrative in-processing of the
member upon arrival at the new duty station of the
absent uniformed services voter;
``(B) described in clause (ii) of such paragraph,
as part of the administrative in-processing of the
member upon deployment from the home duty station of
the absent uniformed services voter;
``(C) described in clause (iii) of such paragraph,
as part of the administrative in-processing of the
member upon return to the home duty station of the
absent uniformed services voter;
``(D) described in clause (iv) of such paragraph,
at any time the absent uniformed services voter
requests such assistance; and
``(E) described in paragraph (3)(B), at any time
the absent uniformed services voter requests such
assistance.
``(5) Pay, personnel, and identification offices of the
department of defense.--The Secretary of Defense may designate
pay, personnel, and identification offices of the Department of
Defense for persons to apply to register to vote, update the
individual's voter registration information, and request an
absentee ballot under this Act.
``(6) Treatment of offices designated as voter registration
agencies.--An office designated under paragraph (1) or (5)
shall be considered to be a voter registration agency
designated under section 7(a)(2) of the National Voter
Registration Act of 1993 for all purposes of such Act.
``(7) Outreach to absent uniformed services voters.--The
Secretary of each military department or the Presidential
designee shall take appropriate actions to inform absent
uniformed services voters of the assistance available under
this subsection including--
``(A) the availability of voter registration
assistance at offices designated under paragraphs (1)
and (5); and
``(B) the time, location, and manner in which an
absent uniformed voter may utilize such assistance.
``(8) Reports.--
``(A) Report on status of implementation.--
``(i) Report required.--Not later than 180
days after the date of enactment of this
subsection, the Secretary of each military
department or the Presidential designee shall
submit to the relevant committees of Congress a
report on the status of the implementation of
this subsection.
``(ii) Elements.--The report under clause
(i) shall include a detailed description of the
specific steps taken towards the implementation
of this subsection, including the designation
of offices under paragraphs (1) and (5).
``(B) Report on utilization of voter registration
assistance.--
``(i) Reports required.--Not later than 1
year after the date of the enactment of this
subsection, the Secretary of each military
department or the Presidential designee shall
submit to the relevant committees of Congress a
report on the utilization of voter registration
assistance provided under this subsection.
``(ii) Elements.--The report under clause
(i) shall include--
``(I) a description of the specific
programs implemented by each military
department of the Armed Forces pursuant
to this subsection; and
``(II) the number of absent
uniformed services voters who utilized
voter registration assistance provided
under this section.
``(9) Definitions.--In this subsection:
``(A) Military department and secretary
concerned.--The terms `military department' and
`Secretary concerned' have the meaning given such terms
in paragraphs (8) and (9), respectively, of section 101
of title 10, United States Code.
``(B) Relevant committees of congress.--The term
`relevant committees of Congress' means--
``(i) the Committees on Appropriations,
Armed Services, and Rules and Administration of
the Senate; and
``(ii) the Committees on Appropriations,
Armed Services, and House Administration of the
House of Representatives.
``(10) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
(c) Effective Date.--The amendments made by 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.
SEC. <DELETED>10</DELETED>11. DEVELOPMENT OF STANDARDS FOR REPORTING
AND STORING CERTAIN DATA.
(a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)),
as amended by section <DELETED>9</DELETED>10, is amended--
(1) by striking ``and'' at the end of paragraph
<DELETED>(8)</DELETED>(9);
(2) by striking the period at the end of paragraph
<DELETED>(9)</DELETED>(10) and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``<DELETED>(10)</DELETED>(11) working with the Election
Assistance Commission and the chief State election official of
each State, develop standards--
``(A) for States to report data on the number of
absentee ballots transmitted and received under section
102(c) and such other data as the Presidential designee
determines appropriate; and
``(B) for the Presidential designee to store the
data reported.''.
(b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C.
1973ff-1(a)), as amended by section <DELETED>5</DELETED>7, is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) report data on the number of absentee ballots
transmitted and received under section 102(c) and such other
data as the Presidential designee determines appropriate in
accordance with the standards developed by the Presidential
designee under section 101(b)<DELETED>(10)</DELETED>(11).''.
(c) Effective Date.--The amendments made by 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.
SEC. 12. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE APPLICATION FOR
ALL SUBSEQUENT ELECTIONS.
(a) In General.--Subsections (a) through (d) of section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
3) are repealed.
(b) Conforming Amendments.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended--
(1) in section 101(b)--
(A) in paragraph (2), by striking ``, for use by
States in accordance with section 104''; and
(B) in paragraph (4), by striking ``for use by
States in accordance with section 104''; and
(2) in section 104, as amended by subsection (a)--
(A) in the section heading, by striking ``use of
single application for all subsequent elections'' and
inserting ``prohibition of refusal of applications on
grounds of early submission''; and
(B) in subsection (e), by striking ``(e)
Prohibition of Refusal of Applications on Grounds of
Early Submission.--''.
SEC. <DELETED>11</DELETED>13. ANNUAL REPORT ON ENFORCEMENT.
Section 105 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973f-4) is amended--
(1) by striking ``The Attorney'' and inserting ``(a) In
General.--The Attorney''; and
(2) by adding at the end the following new subsection:
``(b) Report to Congress.--Not later than December 31 of each year,
the Attorney General shall submit to Congress an annual report on any
civil action brought under subsection (a) during the preceding year.''.
SEC. <DELETED>12</DELETED>14. REQUIREMENTS PAYMENTS.
(a) Use of Funds.--Section 251(b) of the Help America Vote Act of
2002 (42 U.S.C. 15401(b)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Activities under uniformed and overseas citizens
absentee voting act.--A State shall use a requirements payment
made using funds appropriated pursuant to the authorization
under section 257(4) only to meet the requirements under the
Uniformed and Overseas Citizens Absentee Voting Act imposed as
a result of the provisions of and amendments made by the
Military and Overseas Voter Empowerment Act.''.
(b) Requirements.--
(1) State plan.--Section 254 of the Help America Vote Act
of 2002 (42 U.S.C. 15404) is amended--
(A) in subsection (a), by striking ``The State''
and inserting ``Subject to subsection (c), the State'';
(B) by redesignating subsection (c) as subsection
(d); and
(C) by inserting after subsection (b) the following
new subsection:
``(c) State Plan for Certain Requirements Payments.--<DELETED>In
the case of</DELETED>In the case where a State is seeking a
requirements payment made using funds appropriated pursuant to the
authorization under section 257(4), the State plan shall contain a
description of how the State will use such requirements payment to meet
the requirements under the Uniformed and Overseas Absentee Voting Act
imposed as a result of the provisions of and amendments made by the
Military and Overseas Voter Empowerment Act.''.
(2) Conforming amendments.--Section 253(b) of the Help
America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--
(A) in paragraph (1)(A), by striking ``section
254'' and inserting ``subsection (a) of section 254
(or, <DELETED>in the case of</DELETED>in the case where
a State is seeking a requirements payment made using
funds appropriated pursuant to the authorization under
section 257(4), subsection (c) of such section)''; and
(B) in paragraph (2)--
(i) by striking ``(2) The State'' and
inserting ``(2)(A) Subject to subparagraph (B),
the State''; and
(ii) by inserting after subparagraph (A),
as added by clause (i), the following new
subparagraph:
``(B) The requirement under subparagraph (A) shall not
apply in the case of a requirements payment made using funds
appropriated pursuant to the authorization under section
257(4).''.
(c) Authorization.--Section 257 of the Help America Vote Act of
2002 (42 U.S.C. 15407) is amended by adding at the end the following
new paragraph:
``(4) For fiscal year 2010 and subsequent fiscal years,
such sums as are necessary for purposes of making requirements
payments to States to carry out the activities described in
section 251(b)(3).''.
SEC. <DELETED>13</DELETED>15. TECHNOLOGY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Absent uniformed services voter.--The term ``absent
uniformed services voter'' has the meaning given such term in
section 107(a) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.).
(2) Overseas voter.--The term ``overseas voter'' has the
meaning given such term in section 107(5) of such Act.
(3) Presidential designee.--The term ``Presidential
designee'' means the individual designated under section 101(a)
of such Act.
(b) Establishment.--
(1) In general.--The Presidential designee may establish 1
or more pilot programs under which the feasibility of new
election technology is tested for the benefit of absent
uniformed services voters and overseas voters claiming rights
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(2) Design and conduct.--The design and conduct of a pilot
program established under this subsection--
(A) shall be at the discretion of the Presidential
designee; and
(B) shall not conflict with or substitute for
existing laws, regulations, or procedures with respect
to the participation of absent uniformed services
voters and military voters in elections for Federal
office.
(c) Considerations.--In conducting a pilot program established
under subsection (b), the Presidential designee may consider the
following issues:
(1) The transmission of electronic voting material across
military networks.
(2) Virtual private networks, cryptographic voting systems,
centrally controlled voting stations, and other information
security techniques.
(3) The transmission of ballot representations and scanned
pictures in a secure manner.
(4) Capturing, retaining, and comparing electronic and
physical ballot representations.
(5) Utilization of voting stations at military bases.
(6) Document delivery and upload systems.
(7) The functional effectiveness of the application or
adoption of the pilot program to operational environments,
taking into account environmental and logistical obstacles and
State procedures.
(d) Reports.--The Presidential designee shall submit to Congress
reports on the progress and outcomes of any pilot program conducted
under this subsection, together with recommendations--
(1) for the conduct of additional pilot programs under this
section; and
(2) for such legislation and administrative action as the
Presidential designee determines appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Calendar No. 114
111th CONGRESS
1st Session
S. 1415
_______________________________________________________________________
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
ensure that absent uniformed services voters and overseas voters are
aware of their voting rights and have a genuine opportunity to register
to vote and have their absentee ballots cast and counted, and for other
purposes.
_______________________________________________________________________
July 16, 2009
Reported with amendments