[Congressional Record Volume 142, Number 67 (Tuesday, May 14, 1996)]
[House]
[Pages H4921-H4922]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              OVERSEAS CITIZENS VOTING RIGHTS ACT OF 1996

  Mr. EHLERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3058) to amend the Uniformed and Overseas Citizens Absentee 
Voting Act to extend the period for receipt of absentee ballots, and 
for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3058

       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 ``Overseas Citizens Voting 
     Rights Act of 1996''.

     SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended--
       (1) by striking out ``and'' at the end of paragraph (2);
       (2) by striking out the period at the end of paragraph (3) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) permit absentee ballots to be received at least until 
     the close of polls on election day.''.

     SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT 
                   PROVISIONS TO SPECIAL, PRIMARY, AND RUNOFF 
                   ELECTIONS.

       (a) In General.--Section 103(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) 
     is amended--
       (1) by inserting after ``general'' the following: ``, 
     special, primary, and runoff''; and
       (2) by striking out ``States,'' and inserting in lieu 
     thereof ``State''.
       (b) Special Rules.--Section 103(c) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) 
     is amended--
       (1) in paragraph (1), by inserting after ``candidate or'' 
     the following: ``, with respect to a general or special 
     election,''; and
       (2) in paragraph (2), by inserting after ``candidate or'' 
     the following: ``with respect to a general election''.
       (c) Use of Approved State Absentee Ballot in Place of 
     Federal Write-in Absentee Ballot.--Section 103(e) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-2(e)) is amended by striking out ``a general'' 
     and inserting in lieu thereof ``an''.
       (d) Certain States Exempted.--Section 103(f) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-2(f)) is amended by striking out ``general'' 
     each place it appears.
       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to elections taking place after 
     December 31, 1996.

     SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS.

       (a) In General.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is 
     amended--
       (1) by striking out ``and'' at the end of paragraph (8);
       (2) by striking out the period at the end of paragraph (9) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(10) in consultation with the Presidential designee, 
     consider means for providing for expeditious methods for the 
     return of absentee ballots, including return by electronic 
     transmittal, with maximum regard for ballot secrecy, audit 
     procedures, and other considerations relating to the 
     integrity of the election process.''.
       (b) Secrecy and Verification of Electronically Transmitted 
     Ballots.--Section 104 of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
       (1) by striking out ``To afford'' and inserting in lieu 
     thereof ``(a) In General.--To afford''; and
       (2) by adding at the end the following new subsection:
       ``(b) Secrecy and Verification of Electronically 
     Transmitted Ballots.--No electronic transmittal or related 
     procedure under subsection (a)(10) that is paid for, in whole 
     or in part, with Federal funds may be carried out in any 
     manner that (1) permits any person other than the voter to 
     view a completed ballot, or (2) otherwise compromises ballot 
     secrecy. At the earliest possible opportunity, the original 
     of each completed ballot that is transmitted electronically 
     shall be submitted in a secrecy envelope to the applicable 
     location in the State involved.''

     SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.

       (a) In General.--The Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by 
     adding at the end the following new sections:

     ``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.

       ``(a) In General.--Each State, in cooperation with the 
     Presidential designee, shall establish a system for 
     electronic transmittal of balloting materials for overseas 
     voters. The system shall provide for--
       ``(1) electronic transmittal as an alternative method for 
     transmittal of balloting materials to overseas voters;
       ``(2) use of the format of the official post card form 
     prescribed under section 101 (or the format of any other 
     registration form

[[Page H4922]]

     provided for under State law) for purposes of absentee voter 
     registration application and absentee ballot application, 
     with the condition that a State may require receipt of a form 
     with an original signature before the ballot of the voter is 
     counted;
       ``(3) furnishing of absentee ballots by electronic 
     transmittal, from locations within the State, as selected by 
     the chief State election official, to overseas voters who 
     request such transmittal; and
       ``(4) special alternative methods of transmittal of 
     balloting materials for use only when required by an 
     emergency declared by the President or the Congress.
       ``(b) Funding Requirement.--The requirements of subsection 
     (a) shall apply to a State with respect to an election--
       ``(1) if there is full payment by the Federal Government of 
     any additional cost incurred by the State after the date of 
     the enactment of this Act for the implementation of such 
     subsection (a), with such costs to be determined by the 
     Presidential designee and the chief State election official, 
     acting jointly; or
       ``(2) in any case of less than full payment, as described 
     in paragraph (1), if the State, in the manner provided for 
     under the law of the State, agrees to the application of such 
     requirements.

     ``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF 
                   ELECTRONIC TRANSMITTAL METHOD.

       ``The Presidential designee may not approve use of any 
     method of electronic transmittal for purposes of this Act, 
     unless, not later than 90 days before the effective date of 
     the approval, the Presidential designee submits to the 
     Congress a detailed report describing the method.''.
       (b) Definition Amendment.--Section 107 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is 
     amended--
       (1) by striking out ``and'' at the end of paragraph (7);
       (2) by striking out the period at the end of paragraph (8) 
     and inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(9) the term `electronic transmittal' means, with respect 
     to balloting materials, transmittal by facsimile machine or 
     other electronic method approved by the Presidential 
     designee.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to elections taking place after 
     December 31, 1996.

     SEC. 6. REPORT PROVISION.

       Section 101(b)(6) of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff-(b)(6)) is amended--
       (1) by striking out ``participation and'' and inserting in 
     lieu thereof ``participation,''; and
       (2) by inserting before the period at the end the 
     following: ``, and a separate analysis of electronic 
     transmittal of balloting materials''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan [Mr. Ehlers] and the gentleman from California [Mr. Fazio] 
will each be recognized for 20 minutes.
  The Chair recognizes the gentleman from Michigan [Mr. Ehlers].
  Mr. EHLERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the legislation before us amends the Uniform and 
Overseas Citizens Absentee Voting Act. It was unanimously passed in 
committee on March 12, 1996.
  Currently, 6 million citizens are covered by the provisions of the 
original act passed in 1986, a decade ago. This includes 1.5 million 
U.S. military personnel in and out of the United States, their 
families, and over 3 million U.S. citizens living overseas.
  This measure will make it easier for overseas citizens to cast 
absentee ballots in a timely fashion, and help to guarantee ballot 
integrity for all those covered in the act by requiring ballot secrecy 
and the return of the original paper ballots to the State where the 
ballots are counted. A manager's amendment strengthens the guarantee of 
ballot secrecy in the bill by providing for ballot confidentiality 
throughout the federally funded transmission process, not just at the 
voting location.
  I would emphasize, also, that the Federal Government will be paying 
the full cost of this program, particularly that required to 
electronically transmit ballot materials. Therefore, this is not an 
unfunded mandate being imposed on local units of government.
  A great many States already provide for electronic transmission of 
ballot applications and some do for ballots as well. This bill would 
encourage all States to ensure that all American citizens everywhere 
throughout the world have speedy access to the voting box.
  Mr. Speaker, I urge that we suspend the rules and pass this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FAZIO of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I am pleased to join the gentleman from Michigan, Mr. 
Ehlers, and Chairman Thomas in cosponsoring H.R. 3058, to amend the 
Uniformed and Overseas Citizens Absentee Voting Act.
  This is a small, but important, step forward in trying to make it 
easier for American citizens to register and vote.
  The Federal Voting Assistance Program, which administers the law and 
which operates under the Secretary of Defense, has been very successful 
over the years in working with the States to facilitate registration 
and voting by our military personnel, their families, and the several 
million American citizens who live abroad.
  The program has been responsible for a number of innovative ideas in 
the elections area, including the promotion of electronically 
transmitted ballot materials which were essential during the Gulf war, 
with so many military personnel in a combat area during the election 
period.
  Because of its established organization and lines of authority, the 
military portion of the voting assistance program has run well and has 
achieved voting participation rates well in excess of the overall 
population.
  But the several million overseas American civilians are widely 
dispersed, often isolated, and can be found anywhere around the globe. 
Many are nowhere near an embassy or consulate but do have access to a 
fax machine. These amendments, by allowing registration and voting 
materials to be sent and received electronically while ensuring their 
security and integrity, will provide a much greater opportunity for 
those Americans living abroad to participate in our most important 
democratic responsibility.
  This legislation is strongly supported by the Department of Defense 
and by the various organizations representing citizens abroad. I urge 
my colleagues to support passage of H.R. 3058.
  Mr. Speaker, having no requests for time, I yield back the balance of 
my time.
  Mr. EHLERS. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank the gentleman from California for his support of this 
legislation and for his comments. He points out very clearly the need 
to update this legislation to ensure that every citizen, whether 
serving in the military or as a civilian overseas, has the opportunity 
to express their opinion, and voice their opinion at the ballot box. I 
appreciate the support of the gentleman from California [Mr. Fazio].
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan [Mr. Ehlers] that the House suspend the rules 
and pass the bill, H.R. 3058, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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