[Congressional Record Volume 146, Number 149 (Wednesday, December 6, 2000)]
[Extensions of Remarks]
[Pages E2136-E2138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          INTRODUCTION OF THE ARMED SERVICES VOTE RESERVE ACT

                                 ______
                                 

                            HON. MATT SALMON

                               of arizona

                    in the house of representatives

                      Wednesday, December 6, 2000

  Mr. SALMON. Mr. Speaker, I thought I would be at home with my family 
at this time, preparing for the holidays, but we are here, and we have 
work to do. One of the areas that we should address before we adjourn 
is the disgraceful treatment of our overseas military personnel by 
partisan political operatives.
  At the behest of political operatives, lawyers spread out across 
Florida with a specific goal in mind--to disenfranchise the men and 
women of our Armed Forces who are living abroad. So they distributed a 
5-page primer on how to kill these votes, and they challenged every 
absentee ballot they could from our servicemen and servicewomen, 
managing to block more than 1,400 votes from being counted.
  They didn't block these votes from being counted a second, third, or 
fourth time--they blocked them from being counted even once. These 
votes now sit in the trash, and barring congressional action this year, 
those votes will never be counted.
  Along with my friend Curt Weldon, I am today introducing the Armed 
Services Vote Rescue Act, which will count those ballots cast by our 
military personnel stationed overseas. And it will not just make sure 
they are counted in future elections, it will make sure that they are 
counted in Florida this year. Legal scholars assure us the bill is 
entirely constitutional.
  The bill essentially adopts the standard articulated by Senator Zell 
Miller in the Washington Post of November 20th:

       Any ballot from a man or women in the military who is 
     serving this country should be counted--period. I don't care 
     when it's dated, whether it's witnessed or anything else. If 
     it is from someone serving this country and they made the 
     effort to vote, count it and salute them when you do it.

  I was in Kosovo earlier this year and let me tell you--obtaining a 
postmark is not the first thing on our soldiers minds, nor should it 
be. Or imagine those on aircraft carriers--they don't wait around to 
find a postmark--they get the mail off the carrier the first chance 
they get.
  Those who defend our Nation should not be mistreated the way they 
have been wronged this year in Florida, and no man who would be 
Commander-in-Chief should seek to exclude the votes of the men and 
women he would command.
  You know, at the same time Florida officials were dismissing valid 
military ballots, these same Florida counties, according to the Miami 
Herald, accepted the illegal votes of as many as 5,000 felons, 
including at least 45 killers and 16 rapists. So rapists' votes were 
counted, but soldiers' votes were trashed. The Congress cannot let that 
stand.
  We have more than 30 original cosponsors on the bill and endorsements 
from a growing list of veterans groups. So be fore we adjourn, let's 
give each and every Member the opportunity to cast a simply vote, so 
there can be no mistake: Do we stand without military men and women, or 
do we stand with partisan lawyers out to obstruct their votes?
  Let's pass the Armed Services Vote Rescue Act and do right by our 
military personnel.
  I submitted into the Congressional Record the following letters from 
various veterans groups who have endorsed this legislation as well as a 
copy of the memo that was used to exclude these military ballots.

         Non commissioned Officers Association of the United 
           States of America,
                                 Alexandria, VA, December 1, 2000.
     Hon. Matt Salmon,
     U.S. House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Mr. Salmon: The Non Commissioned Officers Association 
     of the USA (NCOA) is writing to state our strong, unequivocal 
     support for the Armed Services Vote Rescue Act.
       The sacred oath of all military personnel, officers and 
     enlisted alike, is to support and defend the Constitution of 
     the United States. Incredibly, military personnel sworn to 
     preserve the Constitution, at great personal risk, were in 
     more than 40% of the cases in Florida denied their most basic 
     right to have their vote counted in the November 2000 general 
     election. The outright rejection of armed services absentee 
     ballots, as appears to be the case, because of some 
     discriminatory pre-conceived notion that military votes might 
     favor one side versus the other, is unacceptable and should 
     not be allowed to stand.
       Military members give up many rights while serving in the 
     Armed Forces. Restrictions are placed on their political 
     activities and Armed Forces members understand and abide by 
     those limits. The right to vote is the only form of political 
     speech that a military member can exercise freely and without 
     restriction. Denying the vote of military personnel and their 
     eligible family members, who have complied with all 
     applicable registration and voting requirements, is 
     unconscionable. The very thought of it should chill the spine 
     of all freedom loving people.
       NCOA salutes your effort to reverse this recent travesty 
     and thereby re-enfranchise Florida's military absentee 
     voters. The fact that any individual, group, political party 
     or candidate for national office would systematically seek to 
     marginalize military absentee ballots is appalling. The call 
     to arms has been issued. Fix bayonets. Count on NCOA'S full 
     support for swift consideration and enactment of the Armed 
     Services Vote Rescue Act.
           Sincerely,
     David W. Sommers,
       President/CEO.
     Larry D. Rhea,
       Director of Legislative Affairs.

                                  ____
                                  

                             The Retired Enlisted Association,

                                 Alexandria, VA, December 5, 2000.
     Hon. Matt Salmon,
     Cannon House Office Building,
     Washington, DC.
       Dear Representative Salmon: On behalf of the over 100,000 
     members of The Retired Enlisted Association and Auxiliary, we 
     applaud you for introducing The Armed Services Vote Rescue 
     Act.
       We have received numerous phone calls, letters and emails 
     from thousands of military retirees and survivors concerning 
     the current problems with the counting of absentee ballots 
     from military personnel deployed in distant locations.
       We join you in the effort to insure that soldiers, sailors, 
     airmen, marines and coastguardsmen have the same opportunity 
     to vote as the American people who are provided the defense 
     of our nation.
           Sincerely,
                                                  Mark H. Olanoff,
                                    National Legislative Director.

                                  ____
                                  

                              Air Force Sergeants Association,

                               Temple Hills, MD, December 1, 2000.
     Hon. Matt Salmon,
     Cannon House Office Building,
     Washington, DC.
       Dear Representative Salmon: On behalf of the 150,000 
     members of this association, I applaud you for taking the 
     initiative to introduce legislation that would require all 
     overseas absentee ballots from military members to be 
     counted.
       Our association has received numerous telephone calls and 
     email messages expressing the outrage of our active duty and 
     retired military members. It is a sad day for America when 
     the votes of our men and women, who on a daily basis make 
     sacrifices and dedicate their lives to ensuring our freedom, 
     are denied the right to vote for their next commander in 
     chief.
       The ``Armed Services Vote Rescue Act,'' if enacted would 
     help ``re-enfranchise'' military voters not only in Florida, 
     but across the country and around the world. Again, thank you 
     for sponsoring this much needed legislation.
           Sincerely,
                                                  James D. Staton,
                                               Executive Director.


[[Page E2137]]


                                  ____
                                  

                                    American Defenders of Bataan &


                                             Corregidor, Inc.,

                                San Antonio, TX, December 2, 2000.
     Hon. Matt Salmon,
     House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Representative Salmon: As commander of the American 
     Defenders of Bataan and Corregidor, I take this opportunity 
     to commend you in your effort in introducing legislation to 
     protect the vote of the military personnel.
       On behalf of the members of this organization, I relate to 
     you our overwhelming support for this legislation.
       We are outraged at the deliberate attempt to throw out the 
     absentee ballots of the military in Florida. It is a national 
     disgrace.
       Again, we fully support your effort in introducing 
     legislation to enact the Armed Services Vote Rescue Act.
           Sincerely,
                                              Joseph L. Alexander,
                                               National Commander.

                                  ____
                                  

                             Navy League of the United States,

                                 Arlington, VA, November 30, 2000.
     Hon. Matt Salmon,
     House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Representative Salmon: I am writing to you on behalf 
     of the 70,000 members of the Navy League of the United States 
     in support of the Armed Services Vote Rescue Act.
       Deployed military members have accepted the risk of 
     missions and remote assignments ordered by the commander in 
     chief. They swear to defend the Constitution of the United 
     States. It is inconceivable that the very men and women who 
     put their lives on the line to protect our freedoms under law 
     should be denied the privilege of voting.
       The men and women in uniform must not be deprived of their 
     right to vote and have their vote counted. The Armed Services 
     Vote Rescue Act will ensure that the votes cast by members of 
     our armed services are counted.
       The Navy League, as a civilian patriotic organization, it 
     dedicated to the support of America's sea services and 
     supports this bill.
           Sincerely,

                                          RADM John R. Fisher,

                                                       USN (Ret.),
                                               National President.

                                  ____
                                  

         Veterans of Foreign Wars of the U.S., VFW National 
           Headquarters,
                                                  Kansas City, MO.

   National Veterans' Leader Irate Over Rejection of Military Ballots

       Washington, DC, November 24, 2000.--The Commander-in-Chief 
     of the 1.9-million-member Veterans of Foreign Wars (VFW) 
     today again expressed his outrage over the failure of the 
     State of Florida to include more than 1,400 absentee military 
     ballots.
       ``I just returned from visiting America's troops 
     overseas,'' said Commander-in-Chief John F. Gwizdak. ``These 
     young men and women are serving under extraordinarily 
     difficult conditions for a nation that has just taken away 
     one of their most basic rights--the right to vote. It is 
     absolutely unconscionable that any party or official would 
     seek to include dimpled or damaged ballots and reject, out of 
     hand, any ballot from those who proudly serve this nation 
     because that ballot failed to pass through the U.S. Postal 
     System. If any ballots should be counted, it should be those 
     of our nation's heroes first.''
       ``I call on the decency of both candidates and the State of 
     Florida to correct this grievous injustice,'' said Gwizdak. 
     ``How can we send young men and women into harm's way if we 
     are unwilling to give them the basic right upon which this 
     nation was founded? Anyone who fails to grasp the magnitude 
     of this injustice does not understand the principals of the 
     U.S. Constitution. They should hang their head in shame.''
       Gwizdak is from Stockbridge, Georgia and a retired military 
     officer, having served 10 years as an enlisted soldier and 10 
     years as an officer, retiring in 1978 at the rank of Captain. 
     He is a decorated Vietnam veteran having received a Combat 
     Infantryman's Badge, a Purple Heart for wounds received in 
     battle as well as a Bronze Star with a ``V'' for valor among 
     other decorations.

                                  ____
                                  

     Date: November 15, 2000.
     To: FDP Lawyer.
     From: Mark Herron.
     Subject: Overseas Absentee Ballot Review and Protest.

       State and Federal law provides for the counting of 
     ``absentee qualified electors overseas'' ballots for 10 days 
     after the day of the election or until November 17, 2000. 
     Sections 101.62(7)(a), Florida Statutes defines as ``absentee 
     qualified elector overseas'' to mean members of the Armed 
     forces while in the service, members of the merchant marine 
     of the United States and other citizens of the United States, 
     who are permanent residents of the states and are temporarily 
     residing outside of the territories of the United States and 
     the District of Columbia. These ``absent qualified electors 
     overseas'' must also be qualified and registered as provided 
     by law.
       You are being asked to review these overseas absentee 
     ballots to make a determination whether acceptance by the 
     supervisor of elections and/or the county canvassing board is 
     legal under Florida law. A challenge to these ballots must be 
     made prior to the time that the ballot is removed from the 
     mailing envelope. The specific statutory requirements for 
     processing the canvass of an absentee ballot including of 
     overseas absentee ballot, are set forth in Section 101.62(2) 
     (c)2. Florida Statutes:
       If any elector or candidate present believes that an 
     absentee ballot is illegal due to a defect apparent on the 
     voter's certificate, he or she may at anytime before the 
     ballot is removed from the envelope, file with the canvassing 
     board a protest against the canvass of the ballot specifying 
     the precinct, the ballot, and the reason he or she believes 
     the ballot to be illegal. A challenge based upon a defect in 
     the voters certificate may not be accepted after the ballot 
     has been removed from the mailing envelope. The form of the 
     voter's certificates on the absentee ballot is set forth in 
     section 101.64(1), Florida Statutes. By statutory provisions, 
     only overseas absentee ballots mailed with an APO, PPO, or 
     foreign postmark shall be considered a ballot. See Section 
     101.62(7)(c). Florida Statutes. In reviewing these ballots 
     you should focus on the following:
       1. Request for overseas ballots: Determine that the voter 
     affirmatively requested an overseas ballot, and that the 
     signature on the request for an overseas ballot matches the 
     signature of the elector on the registration books to 
     determine that the elector who requested the overseas ballot 
     is the elector registered. See Section 101.62(4)(a), Florida 
     Statutes.
       2. The voter's signature: The ballot envelope must be 
     signed by the voter. The signature of the elector as the 
     voter's certificate should be compared with the signature of 
     the elector of the signature on the registration books to 
     determine that the elector who voted by ballot is the elector 
     registered. See Section 101.68(c)x, Florida Statutes.
       3. The ballot is properly witnessed: The absentee ballot 
     envelope must be witnessed by a notary or an attesting 
     witness over the age of eighteen years. You may note that 
     these requirements vary from the statutory language from the 
     Section 101.68(a)(c)1, Florida Statutes. Certain statutory 
     requirements in that section were not proclaimed by the 
     Justice Department pursuant to Section 5 of the Voting Rights 
     Act, Sec. DE 98-13.
       4. The ballot is postmarked: With respect to absentee 
     ballots mailed by absolute qualified electors overseas only 
     those ballots mailed with an APO, PPO, or foreign postmark 
     shall be considered valid. See Section 101.62(7)(c), Florida 
     Statutes. This statutory provision varies from rule 15-
     2.013(7), Florida Administrative Code, which provides 
     overseas absentee ballots may be accepted if ``postmarked or 
     signed and dated no later than the date of the federal 
     election.''
       5. The elector has not already voted (duplicate ballot), in 
     some instances an absent qualified elector overseas may have 
     received two absentee ballots and previously submitted 
     another ballot. No elector is entitled to vote twice. (Please 
     insert appropriate Fl. xxx.)
       To assist your review, we have attached the following:
       1. A review Federal Postal regulations relating to FPO's 
     and PPO's.
       2. A protest form to be completed with respect to each 
     absentee ballot challenged.
       3. Overseas Ballot Summarily of Definitions.
       Revised Overseas Ballot Summary of Definitions--There are 3 
     different types of overseas ballots that are valid for return 
     at the counties provided they are postmarked on or before 
     November 7th.
       1. Federal Write-in ballot. Must be an overseas voter and 
     must be eligible to vote and be registered under State law. 
     Must have affirmatively requested an absentee ballot in 
     writing and completely filled out request (including 
     signature). Must comply with State laws applying to regular 
     absentee ballots (such as registration requirements, 
     notification requirements, etc.). Ballot contains only 
     Federal races, and is considered to be a ``backup'' system if 
     the regular state absentee ballot fails to arrive. The intent 
     of the voter in casting the ballot should govern. In other 
     words, minor variations in spelling candidate or party names 
     should be disregarded in ballot counting so long as the 
     intention of the voter can be ascertained. Must be postmarked 
     as an APO, FPO, or MPO in a foreign country or a foreign post 
     office.
       2. Florida Advance Ballot Sent out in advance of a regular 
     General Election ballot with state and Federal candidates 
     listed. Must be an overseas voter and must be eligible to 
     vote and be registered under State law. Must comply with 
     State laws applying to regular absentee ballots (such as 
     registration requirements, notarization requirements, etc.). 
     Must have affirmatively requested an absentee ballot in 
     writing and completely filled out request (including 
     signature). Sent prior to the second (or October) primary 
     elections to all permanent overseas registered voters. Must 
     comply with all State laws regarding signatures, witness 
     requirements, etc. Must be postmarked at the APO, FPO or MPO 
     in a foreign country or at a foreign post office.
       3. Regular Overseas Ballot. Sent after the second (or 
     October) primary elections to all permanent overseas 
     registered voters and voters requesting an overseas ballot 
     from the county. Must be an overseas voter and must be 
     eligible to vote and be registered under State law. Must 
     comply with State laws applying to regular absentee ballots 
     (such as registration requirements, notarization 
     requirements, etc.). Must have affirmatively requested an 
     absentee ballot in writing and completely filled out request 
     (including signature). Full ballot with all candidates 
     listed. Likely would take precedence over any

[[Page E2138]]

     advance or federal ballot also returned. Must comply with all 
     State laws regarding signatures, witness requirements, etc. 
     Ballot is designed by the county. Must be postmarked at an 
     APO, FPO, or MPO in a foreign country or at a foreign post 
     office. Below are the definitions for points of origin and 
     postmark that are valid for military overseas ballots:
       1. APO (Army Post Office)--A branch of the designated USPS 
     civilian post office, which falls under the jurisdiction of 
     the postmaster of either New York City or San Francisco, that 
     serves either Army or Airforce personnel.
       2. FPO (Fleet Post Office)--A branch of the designated USPA 
     civilian post office, which falls under the jurisdiction of 
     the postmaster of either New York City or San Francisco, that 
     serves Coast Guard, Navy, or Marine Corps personnel.
       3. MPO (Military Post Office)--A branch of a U.S. civil 
     post office, operated by the Army, Navy, Airforce, or Marine 
     Corps to serve military personnel overseas or aboard ships.
       4. Military Post Office Cancellation--A post mark that 
     contains the post office name, state, ZIP Code, and month, 
     day, and year that the mail xxx was cancelled.
       Protest of Overseas Absentee Ballot As provided in Section 
     101.68(2)(c)(2), Florida Statutes. I, as an elector in ______ 
     County, Florida, hereby protest against the canvass of the 
     overseas absentee ballot described below.
       County:
       Precinct:
       The Ballot:
       Name of Voter:
       Address of Voter:
       Reason for rejection:
       __Lack of voter signature
       __Lack of affirmative request for absentee ballot
       __Request for absentee ballot not fully filled out
       __Signature on absentee ballot request does not match 
     signature on registration card or on ballot
       __Voter signature on envelope does not match signature on 
     registration card
       __Inadequate witness certification
       __Late postmark (Indicate date of actual postmark)
       __Domestic postmark (including Puerto Rico, Guam, etc.)
       __No postmark
       __Voter had previously voted in this election
       __Other

       Signature of Person Filing Protest

       Print Name

       

                          ____________________