I 112th CONGRESS 2d Session H. R. 6594 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.

1.

Short title

This Act may be cited as the Military Ballot Integrity Act of 2012.

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.

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.

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.