[Congressional Record Volume 147, Number 28 (Tuesday, March 6, 2001)]
[Senate]
[Pages S1909-S1910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOND:
  S. 470. A bill to amend the Uniformed and Overseas Citizens Absentee 
Voting Act, the Soldiers' and Sailors' Civil Relief Act of 1940 to 
ensure that each vote cast by such voter is duly counted, and for other 
purposes; to the Committee on Rules and Administration.
  Mr. BOND. Mr. President, I rise today to introduce the Support to 
Absentee Uniformed and Overseas Citizens Voters Act of 2001. This bill 
ensures that Americans serving overseas, be they the men and women of 
the military who stand guard on foreign shares, or equally deserving 
citizens who serve our country in other venues, will have their vote 
counted. American citizens should not loose their right to vote under 
arbitrary or unfair standards. It is therefore incumbent upon lawmakers 
to ensure their rights are protected.
  Although overseas mail is technically supposed to carry a postmark, 
the reality of the situation is that circumstances in foreign 
countries, or at sea aboard u.S. Navy ships, can result in mail being 
sent without a postmark. Currently several states require a postmark 
for an absentee ballot to be counted and without such a postmark 
citizens are denied their vote through absolutely no fault of their 
own. We saw the damaging affects of this standard in our most recent 
Presidential election.
  My bill provides that states may not refuse to count a ballot 
submitted in an election for a Federal office by an absentee uniformed 
services member or overseas citizen voter on the grounds that the 
ballot was improperly or fraudulently cast ``unless the State finds 
clear and convincing evidence'' of fraud in the preparation or casting 
of the ballot by the voter. Specifically, the bill states under a 
``Clear and Convincing Evidence'' standard, the lack of a witness 
signature, address, postmark, or other identifying information may not 
be considered clear and convincing evidence of fraud, absent any other 
information or evidence. Consequently the mere absence of a postmark 
will not disqualify an overseas citizen from casting his or her vote.
  Mr. President, our most recent election illustrates the clear need 
for

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change in our voting procedures. Reform is needed. By making certain 
that American's stationed overseas will have their votes counted, this 
bill is one crucial step in that direction. There is need for more 
reform however and I am working on a comprehensive election reform bill 
targeting abusive practices at home. I look forward to introducing that 
legislation next week and working with my colleagues towards adoption 
of all these measures.
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