[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