[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6594 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6594

  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
   require States which fail to transmit validly requested absentee 
ballots in an election for Federal office to absent uniformed services 
     voters within the deadline established under the Act to delay 
certifying the results of the election, to establish a private right of 
action to enforce the requirements of such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2012

  Mr. Olson introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
   require States which fail to transmit validly requested absentee 
ballots in an election for Federal office to absent uniformed services 
     voters within the deadline established under the Act to delay 
certifying the results of the election, to establish a private right of 
action to enforce the requirements of such Act, 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 Ballot Integrity Act of 
2012''.

SEC. 2. REQUIRING STATES FAILING TO MEET DEADLINE FOR TRANSMITTING 
              ABSENTEE BALLOTS TO ABSENT UNIFORMED SERVICES VOTERS TO 
              DELAY CERTIFICATION OF RESULTS OF ELECTION.

    (a) Delay in Certification of Results of Elections.--Section 102 of 
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff-1) is amended by adding at the end the following new subsection:
    ``(j) Delay in Certification of Results of Elections in States 
Failing To Meet Deadline for Transmitting Absentee Ballots to Absent 
Uniformed Services Voters.--
            ``(1) In general.--If a State does not transmit a validly 
        requested absentee ballot with respect to an election to an 
        absent uniformed services voter by the deadline required under 
        subsection (a)(8)(A), the State shall delay the certification 
        of the results of the election by the number of days by which 
        the State missed such deadline with respect to the voter.
            ``(2) Exception for elections subject to waiver.--Paragraph 
        (1) does not apply with respect to any election for which a 
        waiver is approved under subsection (g).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring after the date of the 
enactment of this Act.

SEC. 3. ESTABLISHMENT OF PRIVATE RIGHT OF ACTION.

    (a) In General.--Section 105 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-4) is amended by striking 
subsection (b) and inserting the following:
    ``(b) Private Right of Action.--A person who is aggrieved by a 
violation of this Act may bring a civil action in an appropriate 
district court for such declaratory or injunctive relief as may be 
necessary to carry out this Act.
    ``(c) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney's fees, including litigation expenses, and costs.
    ``(d) Reports to Congress.--
            ``(1) Annual report.--Not later than December 31 of each 
        year, the Attorney General shall submit to Congress an annual 
        report on any civil action brought by the Attorney General 
        under subsection (a) during the preceding year or any civil 
        action brought by a private party under subsection (b) in which 
        the Attorney General intervened.
            ``(2) Report on enforcement.--Not later than July 1 of each 
        year in which a regularly scheduled general election for 
        Federal office is held, the Attorney General shall submit to 
        Congress a report on the number of attorneys and other staff 
        within the Department of Justice assigned to enforce this Act, 
        as well as the Attorney General's plan to detect noncompliance 
        by State and local election officials with the requirements of 
        this Act.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to alleged violations occurring on or after the date of 
the enactment of this Act.

SEC. 4. CENTRALIZED FORWARDING DATABASE FOR DELIVERING ELECTION 
              MATERIAL TO DEMOBILIZED MEMBERS OF RESERVE AND NATIONAL 
              GUARD.

    (a) Establishment and Operation.--Section 103B(a) of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2b(a)) is 
amended by adding at the end the following new paragraph:
            ``(3) Establish and operate a centralized mail forwarding 
        database through which balloting materials for a member of a 
        reserve component who is called or ordered to active duty are 
        forwarded to the member's correct mailing address after the 
        member is released from active duty.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to balloting materials prepared for any election 
occurring after the date of the enactment of this Act.
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