[Congressional Record Volume 151, Number 130 (Friday, October 7, 2005)]
[Senate]
[Page S11324]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 1867. A bill to extend to individuals evacuated from their 
residences as a result of Hurricane Katrina the right to use the 
absentee balloting and registration procedures available to military 
and overseas voters under the Uniformed and Overseas Citizens Absentee 
Voting Act, and for other purposes; to the Committee on Rules and 
Administration.
  Mr. FEINGOLD. Mr. President, today I will introduce the Displaced 
Citizens Voter Protection Act. This bill is a companion measure to 
legislation introduced in the House by my friend Representative Artur 
Davis of Alabama. He has been a real advocate for victims of Hurricane 
Katrina, and I greatly appreciate his leadership on this issue.
  We are continuing to learn more about and to grapple with the myriad 
ways that the Hurricane Katrina disaster has affected the lives of 
residents of the Gulf Coast. Hundreds of thousands of people fled their 
homes, and are temporarily displaced. Most of these people hope to 
eventually return to the communities from which they were driven, and 
have every intention of rebuilding their lives there. As the 
communities in Louisiana, Alabama, and Mississippi begin to rebuild, it 
is crucial that those who wish to return are able to take part in the 
government decisions that will have an impact on their communities and 
their lives. They must be able to elect the Federal leaders who will 
shape this recovery process.
  The legislation that I will introduce today will make sure that 
victims of Hurricane Katrina who are temporarily displaced, and who 
intend to return to their home States, continue to be eligible to vote 
in their States, and that the government takes steps to inform them of 
their rights in this area. It would extend the same voting protections 
currently available to members of the military and overseas voters to 
those who are displaced temporarily by Katrina. Individuals who are 
qualified to vote in their original place of residence, and who intend 
to return to that place in the near future, will be able to vote by 
absentee ballot for Federal elections held through 2008. Voters who 
intend to return to their original place of residence would be able to 
use the forms available online that are currently used by members of 
the military and other citizens who are overseas to request absentee 
ballots from their home State. Voters requesting an absentee ballot 
would be required to include an affidavit certifying that they intend 
to return to their home State in the near future with their ballot. The 
bill also directs motor vehicle authorities and voter registration 
agencies to take steps to notify the public that this absentee ballot 
option is available for Katrina victims.
  This legislation does not mandate where people should vote, nor does 
it place additional burdens on State election officials. It simply puts 
a mechanism in place to make sure that these voters do not lose their 
right to vote in elections simply because they are temporarily 
displaced.
  The challenges that we face in the wake of Katrina are many, and 
unfortunately there is some disagreement in Congress about how best to 
help those affected by this tragedy. This is different. This bill is a 
straightforward, simple, and direct response that will help keep the 
electoral process accessible for victims of Hurricane Katrina. I urge 
my colleagues to support this bill.
  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. 1867

       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 ``Displaced Citizens Voter 
     Protection Act of 2005''.

     SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND 
                   OVERSEAS VOTERS TO KATRINA EVACUEES.

       (a) Right of Katrina Evacuees to Use Absentee Balloting and 
     Registration Procedures Available to Military and Overseas 
     Voters.--In the case of any individual who is an eligible 
     Hurricane Katrina evacuee--
       (1) the individual shall be treated in the same manner as 
     an absent uniformed services voter and overseas voter for 
     purposes of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff et seq.), other than section 
     103(b)(1) (42 U.S.C. 1973ff-2(b)(1)); and
       (2) the individual shall be deemed to be an individual who 
     is entitled to vote by absentee ballot for purposes of the 
     National Voter Registration Act of 1993 and the Help America 
     Vote Act of 2002.
       (b) Definition.--For purposes of this section, the term 
     ``eligible Hurricane Katrina evacuee'' means an individual--
       (1) who certifies to the appropriate State election 
     official that the individual is absent from the place of 
     residence where the individual is otherwise qualified to vote 
     as a result of evacuation from an area affected by Hurricane 
     Katrina; and
       (2) who provides the official with an affidavit stating 
     that the individual intends to return to such place of 
     residence after the election or elections involved.
       (c) Effective Date.--This section shall apply with respect 
     to elections for Federal office held in calendar years 2006 
     through 2008.

     SEC. 3. REQUIRING DESIGNATED VOTER REGISTRATION AGENCIES TO 
                   NOTIFY DISPLACED INDIVIDUALS OF AVAILABILITY OF 
                   PROTECTIONS.

       Each motor vehicle authority in a State and each voter 
     registration agency designated in a State under section 7(a) 
     of the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-5(a)) shall take such steps as may be necessary to 
     notify individuals to whom services are provided of the 
     protections provided by section 2 and of the requirements for 
     obtaining those protections, including the requirement to 
     submit an affidavit stating that the individual intends to 
     return to the place of residence where the individual is 
     otherwise qualified to vote.
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