II 111th CONGRESS 1st Session S. 2797 IN THE SENATE OF THE UNITED STATES November 18, 2009 Mr. Gregg introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Uniformed and Overseas Citizens Absentee Voting Act to provide an exemption from certain requirements for States that provide sufficient time to vote.

1.

Short title

This Act may be cited as the Military Voter Compliant States Act of 2009.

2.

Exemption from certain requirements for states that provide sufficient time to vote

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by sections 579, 580, and 582 of the National Defense Authorization Act for Fiscal Year 2010, is amended— (1)in subsection (a)(8)(A), by striking subsection (g) and inserting subsections (g) and (j); and (2)by adding at the end the following new subsection: (j)

Exemption for states that provide sufficient time To vote

(1)

In general

(A)

Mandatory waiver

In the case where the chief State election official of a State submits to the Presidential designee a certification that the State meets the requirement described in subparagraph (B), the Presidential designee shall grant a waiver to the State of the application of subsection (a)(8)(A). (B)

Requirement described

The requirement described in this subparagraph is that, in the regularly scheduled general election for Federal office held in November 2008, less than 3 percent of all absentee ballots received by the State from absent uniformed services voters and overseas voters were not counted in that election as a result of such ballots not being received in time to be so counted. (2)

Application of waiver

A waiver granted under paragraph (1) shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office. .