[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Page S301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAMM (for himself and Mrs. Hutchison):
  S. 28. A bill to guarantee the right of all active duty military 
personnel, merchant mariners, and their dependents to vote in Federal, 
State, and local elections; to the Committee on Rules and 
Administration and the Committee on Rules and Administration, jointly.


                   MILITARY VOTING RIGHTS ACT OF 2001

  Mr. GRAMM. Mr. President, along with Senator Kay Bailey Hutchison, I 
am introducing legislation today which will ensure that active duty 
military personnel and their dependents will never lose their right to 
vote in Federal, State, and local elections. The Military Voting Rights 
Act of 2001 will guarantee that those men and women who protect our 
freedom are not denied one of the basic rights upon which that freedom 
is based.
  I initially introduced this legislation in response to an outrageous 
case in my home state of Texas in which a federal district court, in a 
suit brought under federal law and supported by federal tax dollars, 
threw out 800 absentee ballots cast by military personnel in two 
closely-contested local elections in Val Verde County. While a state 
court ultimately restored the military votes, the case clearly 
demonstrated that military personnel who are away from their legal 
residence on official orders are at risk of losing their right to vote. 
In fact, based upon current statistics compiled by the Congressional 
Research Service and the Department of Defense, over 40 percent of our 
troops on active duty are residents of states that have no specific 
legislative provisions protecting their fundamental right to vote in 
state and local elections.
  As the Val Verde County case demonstrates, absent specific 
legislative protection, valid absentee votes cast by military personnel 
will be ripe targets for attack by those seeking to overturn the 
results of close elections. I find it unconscionable that American 
military personnel, who stand ready to fight and die for our nation, 
risk losing their right to vote as a consequence of their military 
service. To protect our military personnel from any such injustice, I 
again introduce this legislation in the Senate and ask my colleagues to 
support its immediate passage. Those Americans who volunteer to protect 
our freedom by serving in our Armed Forces should not be denied the 
right to vote in any election.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 28

       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 2001''.

     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 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 runoff 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''.
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