[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 799 Introduced in House (IH)]

112th CONGRESS
  2d Session
H. RES. 799

 Expressing the sense of the House of Representatives that it is not a 
 violation of the Equal Protection Clause of the Fourteenth Amendment 
   for a State to extend particular consideration to members of the 
     uniformed services and overseas citizens to ensure that such 
individuals are able to exercise their rights to vote in elections for 
                             public office.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2012

Mr. Turner of Ohio (for himself, Mr. Chabot, Mrs. Schmidt, Mr. Jordan, 
     Mr. Latta, Mr. Johnson of Ohio, Mr. Austria, Mr. Tiberi, Mr. 
  LaTourette, Mr. Stivers, Mr. Renacci, and Mr. Gibbs) submitted the 
  following resolution; which was referred to the Committee on House 
Administration, and in addition to the Committee on the Judiciary, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that it is not a 
 violation of the Equal Protection Clause of the Fourteenth Amendment 
   for a State to extend particular consideration to members of the 
     uniformed services and overseas citizens to ensure that such 
individuals are able to exercise their rights to vote in elections for 
                             public office.

Whereas because members of the uniformed services and their families are not 
        similarly situated with respect to their ability to vote, our Nation has 
        a long history of acknowledging their sacrifices and awarding them extra 
        opportunity to participate in the democratic process;
Whereas, during the Civil War, President Lincoln declared a cessation of 
        military operations in order for military personnel to return home for 
        the purpose of casting their ballots;
Whereas in order to ensure that military personnel serving during the Civil War 
        had access to the ability to vote, election officials were authorized by 
        many States to travel to units in the field for the purpose of 
        establishing polling locations and collecting ballots;
Whereas the Soldier Voting Act of 1942 was enacted to guarantee Federal voting 
        rights for members of the Armed Forces during wartime;
Whereas the Federal Voting Assistance Act was enacted in 1955, as a result of a 
        study by the American Political Science Association on the problem of 
        military voting;
Whereas the Federal Voting Assistance Act recommended absentee registration and 
        voting for members of the military, Federal employees who lived outside 
        the United States, and members of civilian service organizations 
        affiliated with the Armed Forces;
Whereas the Overseas Citizens Voting Rights Act of 1975 guaranteed absentee 
        registration and voting rights for citizens outside of the United 
        States, whether or not they maintained a United States residence or 
        address and their intention to return was uncertain;
Whereas, on August 28, 1986, President Reagan signed into law the Uniformed and 
        Overseas Citizens Absentee Voting Act (UOCAVA);
Whereas provisions concerning uniformed services and overseas voting were 
        included in the National Defense Authorization Act for Fiscal Year 2002 
        and the Help America Vote Act of 2002 to amend the UOCAVA;
Whereas the Ronald W. Reagan Defense Authorization Act for Fiscal Year 2005 
        (Public Law 108-375) amended UOCAVA to ease the rules for use of the 
        Federal write-in ballot in place of state absentee ballots;
Whereas the John Warner National Defense Authorization Act for Fiscal Year 2007 
        (Public Law. 109-364) extended a Department of Defense program to assist 
        UOCAVA voters;
Whereas the Military and Overseas Voter Empowerment Act (MOVE Act) acknowledges 
        that many military members and their families are faced with unique 
        challenges and should be granted particular consideration in the manner 
        in which they can request, receive, cast and return absentee ballots;
Whereas in McDonald v. Board of Election Commissioners of Chicago, the Supreme 
        Court ruled concerning a challenge to the Illinois absentee ballot 
        statue, which provided absentee ballots for 4 classes of voters;
Whereas in McDonald, the Supreme Court noted that ``the absentee statues, which 
        are designed to make voting more available to some groups who cannot 
        easily get to the polls, do not themselves deny appellants the exercise 
        of the franchise'';
Whereas the Court stated in Bush v. Hissborough County Canvassing Bd. that 
        UOCAVA voters ``do not enjoy the individualism which they serve to 
        defend for all other citizens. How and where they conduct their lives is 
        dictated by the government. The vote is their last vestige of expression 
        and should be provided no matter what their location.''; and
Whereas the Supreme Court has upheld the right of the States to extend 
        particular consideration to members of the uniformed services and 
        overseas citizens: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) affirms that it is the policy of the United States to 
        provide for the ability of members of the uniformed services to 
        exercise their constitutional right to vote and acknowledges 
        that particular consideration be given them due to 
        restrictions, uncertainties, and risks, such as deployment, 
        that present a challenge in voting;
            (2) recognizes the legislative and judicial precedent of 
        granting particular consideration to members of the uniformed 
        services and overseas citizens regarding absentee voting; and
            (3) affirms that while the Equal Protection Clause of the 
        Fourteenth Amendment ``protects against arbitrary 
        classifications, and requires that similarly situated persons 
        be treated equally'', members of the uniformed services and 
        overseas citizens are not similarly situated, and that the 
        restrictions, uncertainties, and risks that members of the 
        uniformed services face warrant consideration that is not 
        arbitrary.
                                 <all>