[Congressional Record Volume 143, Number 13 (Wednesday, February 5, 1997)]
[Senate]
[Pages S1026-S1027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAMM (for himself, Mrs. Hutchison, Mr. Sessions, and Mr. 
        Coverdell):
  S. 278. A bill to guarantee the right of all active military 
personnel, merchant mariners, and their dependents to vote in Federal, 
State, and local elections; to the Committee on Rules and 
Administration.


                 the military voting rights act of 1997

 Mr. GRAMM. Mr. President, this bill would guarantee that 
active duty military personnel and their dependents have the right to 
vote in Federal, State, and local elections.
  On December 19, 1996, Texas Rural Legal Aid [TLRA] filed suit against 
Val Verde County, TX, alleging that 800 military absentee ballots were 
improperly counted in local races. The challenge argues that the 
Uniformed and Overseas Absentee Voting Act was not intended to allow 
voting in State and local elections.
  The Military Voting Rights Act of 1997 amends the Uniformed and 
Overseas Absentee Voting Act to make explicit the right of active duty 
military personnel and their dependents to vote in all Federal, State, 
and local elections. This change is consistent with the way the law has 
historically been interpreted by State election officials.
  In addition, the Military Voting Rights Act of 1997 amends the 
Soldiers' and Sailors' Civil Relief Act of 1940 to extend additional 
voting rights protections to our Nation's military forces. This section 
guarantees that extended absences incurred as a result of service to 
the Nation do not result in the loss of residency for voting purposes.
  The assertion of TLRA that our soldiers can lose the right to vote in 
State and local elections by virtue of service-connected absences is 
absurd and must not be allowed to go unanswered. The Military Voting 
Rights Act of 1997 makes it clear that those who protect our freedom 
should not be denied the right to exercise freedoms they protect.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 278

       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 Voting Rights Act 
     of 1997''.

     SEC. 2. GUARANTEE OF RESIDENCY.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. 700 et seq.) is amended by adding at the 
     end the following:
       ``Sec. 704. (a) For purposes of voting for an office of the 
     United States or of a State, a person who is absent from a 
     State in compliance with military or naval orders shall not, 
     solely by reason of that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. 3. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING 
                   RIGHTS.

       (a) Registration and Balloting.--Section 102 of the 
     Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-
     1) is amended--
       (1) by inserting ``(a) Elections for Federal Offices.--'' 
     before ``Each State 
     shall--''; and
       (2) by adding at the end the following:
       ``(b) Elections for State and Local Offices.--Each State 
     shall--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and to vote by absentee 
     ballot in general, special, primary, and run-off elections 
     for State and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the 
     election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking out ``FOR FEDERAL OFFICE''.
                                  ____

                                                       The Retired


                                         Officers Association,

                                 Alexandria, VA, February 5, 1997.
     Hon. Phil Gramm,
     U.S. Senate,
      Washington, DC.
       Dear Senator Gramm: On behalf of the nearly 400,000 members 
     of the Retired Officers Association, of which 33,000 members 
     plus their families reside in Texas, I want to express our 
     strong support for the ``Military Voting Rights Act of 
     1997.'' It's a travesty that a taxpayer-funded group like the 
     Texas Rural Legal Aid (TRLA) would represent individuals in 
     an action to deny military members the right to vote by 
     absentee ballot in Val Verde County, Texas.
       Although TRLA has now withdrawn from the suit and deferred 
     to a private attorney, the case remains a threat to the 
     voting rights of active duty personnel and their families. 
     Should the view enunciated by TRLA prevail, military 
     personnel who were absent because of exigencies of the 
     service would be denied a fundamental right to vote. Many of 
     these individuals, who are daily placed in ``harms way'' in 
     areas like Bosnia, would rightfully question why they should 
     be treated like second class citizens and be subjected to 
     different registration procedures than individuals who 
     register to vote by any other means under state law.
       The current practice that enables an absentee voter to 
     submit a Federal Post Card Application has long-standing 
     roots and should not be altered to require supplementary 
     information and to specifically discriminate against 
     servicemembers. Therefore, we strongly support your effort to 
     preclude unfair sanctions from being imposed on members of 
     the uniformed services and will do our utmost to generate 
     strong grassroots support for the enactment of the ``Military 
     Voting Rights Act of 1997.''
           Sincerely,

                                               Paul W. Arcari,

                                              Colonel, USAF (Ret),
     Director, Government Relations.
                                  ____

                                              The American Legion,


                                        National Headquarters,

                               Indianapolis, IN, February 5, 1997.
     Hon. Phil Gramm,
     U.S. Senate,
     Washington, DC.
       Dear Senator Gramm: On behalf of The American Legion, I 
     want to note our appreciation and express our support for The 
     Military Voting Rights Act of 1997 which, I understand, will 
     soon go to the floor of the United States Senate.
       One of the most important responsibilities for the people 
     of a free nation is exercising their franchise. One of the 
     most precious rights we have as Americans is access to the 
     ballot box. That right and that responsibility is as 
     important to our nation's active duty military as it is to 
     the rest of the population.
       Anyone who has served the nation in its military knows that 
     every right enjoyed and exercised by the average American is, 
     of necessity, not inherent in military service. The human 
     body is a remarkable thing. When one of the senses is 
     diminished, others increase to compensate. The loss of sight 
     may well lead to an acute sense of hearing. This concept 
     could be applied to military service. Forfeiting the comforts 
     of home and family, of occupational pursuits and the 
     protection of our borders, the opportunity to vote becomes a 
     more cherished right, a more heightened responsibility.
       Those whose lives are on the line daily will someday return 
     to their homes. They will return to a government that shapes 
     their community and effects the lives of all those within. It 
     follows then that those on active duty in a foreign country 
     should be accorded every opportunity help structure that 
     government locally, across the state, and at the federal 
     level.
       To you and other supporters of The Military Voting Rights 
     Act of 1997 goes the gratitude of our Organization. I believe 
     it accurate to say that the young men and women who protect 
     our nation and its interests through military service have 
     the full support of our nation's people and its government. 
     And they should have every chance to exercise their franchise 
     in support of it.
           Sincerely,

                                      Joseph E. Caouctte, Jr.,

                                                Chairman, National
     Americanism Commission.
                                  ____

                                          National Association for


                                           Uniformed Services,

                                Springfield, VA, February 5, 1997.
     Hon. Phil Gramm,
     U.S. Senate,
     Washington, DC.
       Dear Senator Gramm: The National Association for Uniformed 
     Services thanks you for your action to ensure active duty 
     personnel and their family members have the right to vote in 
     federal, state, and local elections.

[[Page S1027]]

       We support strongly your ``Military Voting Rights Act of 
     1997'' which amends the ``Unformed and Overseas Absentee 
     Voting Act''. Your bill will make more explicit the right of 
     active duty personnel and their family members to vote in 
     federal, state, and local elections with absentee ballots as 
     the ``Soldier's and Sailors' Civil Relief Act of 1940'' has 
     historically been interpreted by state election officials.
       Any assertion that military personnel, who are serving 
     their country, can lose their right to vote in state and 
     local elections because of their service-connected absences 
     is outrageous! All the brave men and women of the armed 
     forces serving throughout the world are grateful for your 
     prompt, decisive action to preserve their Constitutional 
     right to vote.
           Sincerely,

                                              J.C. Pennington,

                                  Major General, U.S. Army (Ret.),
     President.
                                  ____



                                         Air Force Association

                                  Arlington, VA, February 5, 1997.
     Hon. Phil Gramm,
     Senate Russell Building,
     Washington, DC.
       Dear Senator Gramm: The Air Force Association strongly 
     endorses your sponsorship of ``The Military Voting Rights Act 
     of 1997.'' The right of active duty military personnel and 
     their dependents to vote in all federal, state and local 
     elections needs to again be reemphasized to state and local 
     election officials. Recent problems in Texas have again 
     reminded us that the right to vote must be fought for time 
     and time again. Your legislation, once enacted, will help to 
     correct this inequity.
       We pledge our support to assist you by seeking additional 
     cosponsors, to inform our members nationwide of your effort 
     and to help in any appropriate way.
           Sincerely,
                                          Doyle E. Larson.
                                 ______