[House Report 111-281]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-281

======================================================================



 
                 MILITARY VOTING PROTECTION ACT OF 2009

                                _______
                                

October 1, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Brady of Pennsylvania, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2393]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 2393) to amend the Uniformed and Overseas 
Citizens Absentee Voting Act to improve procedures for the 
collection and delivery of marked absentee ballots of absent 
overseas uniformed services voters, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                       Purpose of the Legislation

    As the Committee examines the successes and failures of the 
voting process, the obstacles facing military personnel serving 
overseas who seek to vote are disturbingly evident and require 
prompt attention. Our voting procedures continue to fail 
thousands of overseas military personnel who are serving their 
country in defense of the same democratic rights they are too 
often denied in practice.
    H.R. 2393, the Military Voting Protection Act, aims to 
address the challenge of timely ballot transmission to military 
personnel serving overseas. Military voters and many citizens 
living abroad do not have the opportunity to vote because of 
the time it takes to request, receive, and return absentee 
ballots. According to Pew Center on the States 2009 report 
entitled ``No Time to Vote, more than one-third of states are 
either placing citizens living abroad at high risk of not 
allowing enough time or simply not providing them with enough 
time to vote.\1\ The purpose of H.R. 2393 is to establish a 
system of expedited ballot delivery to ensure that overseas 
service members who submit their completed ballots up to four 
days before the date of a federal election can be confident the 
ballot will reach its destination by election day. This 
expedited delivery should enable thousands of ballots that 
might otherwise go uncounted today to be tallied.
---------------------------------------------------------------------------
    \1\``No Time To Vote,'' PEW Center on the States: January 2009.
---------------------------------------------------------------------------
    Last November, millions of Americans participated in an 
historic election with broad voter participation. Yet our 
troops fighting overseas, protecting our right to participate 
in the electoral process, are continually denied their right to 
vote. Since the enactment of the Uniformed and Overseas 
Citizens Absentee Voting Act (UOCAVA) in 1986, which provided 
overseas voters with back-up federal write-in absentee ballots, 
there have been many reports detailing the disenfranchisement 
of military personnel due to inadequate ballot delivery 
methods.
     The Pew Center on the States Military and Overseas 
Citizen Voting Project found that ``by almost every measure, 
military and overseas voter participation in the 2006 federal 
elections was substantially lower than the general 
population.'' Voter turnout was only 20.4% for the military 
population, compared to the 39.8% of the general population 
which voted.
     According to the Pew Report (citing Table 22 of 
the U.S. Election Assistance Commission's 2007 UOCAVA Survey 
Report) 85.8% of absentee ballots requested by the general 
population in 2006 were cast. But of the absentee ballots 
requested by military personnel, only 26.5% were actually cast.
     Other findings from the October 2005 report of the 
Federal Voting Assistance Program indicate that, of the 
military personnel who said they did not vote in 2004, 30% did 
not vote because their ballots never arrived or arrived too 
late, and 19% did not know how to get an absentee ballot or 
found the process too complicated.
     According to Pew's 2009 report entitled ``No Time 
to Vote,'' 16 states and the District of Columbia do not allow 
enough time to vote for military men and women stationed 
overseas.\2\ These states send out their absentee ballots after 
the date necessary for military voters to meet all the required 
deadlines.
---------------------------------------------------------------------------
    \2\The report states that the following jurisdictions do not allow 
sufficient time for UOCAVA voters to successfully cast their ballot: 
Alabama, Arkansas, Connecticut, District of Columbia, Georgia, Maine, 
Massachusetts, Michigan, Missouri, New Hampshire, New York, Oklahoma, 
South Dakota, Tennessee, Texas, Utah, and Wyoming.
---------------------------------------------------------------------------
    The Military Voting Protection Act of 2009 is a first step 
toward addressing the impediments to full voting participation 
for our nation's armed forces. The bill attempts to address the 
widely chronicled challenges of inconsistent and untimely 
ballot transmission. Specifically, this legislation will 
establish procedures for the collection, return transportation, 
and tracking of marked absentee ballots of our troops serving 
overseas. However, the U.S. Postal Service and Military Postal 
Service raised a few comments and concerns about providing a 
feasible timeline for expedited transmission and tracking. 
Further, numerous stakeholders and organizations that serve 
UOCAVA voters emphasize the need to facilitate voting for all 
citizens living and voting abroad.

               Section-by-Section Summary of Legislation


Section 1.--Short Title: the ``Military Voting Protection Act of 2009''

Section 2.--Findings

Section 3.--Collection and delivery of marked absentee ballots of 
        overseas uniformed services voters

     The Presidential designee (FVAP) shall establish 
procedures for collecting marked absentee ballots.
     Requires that marked ballots collected before the 
deadline established in this legislation be distributed to the 
proper election officials prior to the closing of polls on the 
date of the election.
     Requires the use of United States Postal Service 
express mail services to deliver ballots.
     Establishes noon on the fourth day preceding the 
date of the election as the deadline for receiving ballots to 
be returned using the program.
     Allows the Presidential designee to pick an 
alternate deadline to ensure timely delivery of ballots if it 
is deemed that the deadline is insufficient for a locale.
     A tracking system will be set up to let 
individuals track their ballots by Internet, phone, or other 
methods.
     Requires that, not later than 180 days after the 
election, FVAP must submit a report to the appropriate 
committees on the utilization of the procedures during the 
previous election.
     Authorizes such sums as may be necessary to carry 
out the section.
     The provisions of this bill shall apply to the 
November 2010 general election and each succeeding election for 
Federal office.

Section 4.--Protecting voter privacy and secrecy of absentee ballots

     FVAP will take precautions to protect the privacy 
and contents of absentee ballots.

               Committee Consideration of the Legislation


                       INTRODUCTION AND REFERRAL

    On March 19, 2009, Mr. McCarthy of California, along with 
four Members of the House, introduced H.R. 2393, which was 
referred to the Committee on House Administration. As of the 
date of the markup, forty members were cosponsors of the bill.

                                HEARINGS

    On March 26, 2009, the Committee on House Administration 
Subcommittee on Elections held a hearing entitled ``The 2008 
Election: A Look Back on What Went Right and Wrong.'' The 
following Members were present at the hearing: Subcommittee on 
Elections Chair Zoe Lofgren, Representative Charles A. 
Gonzalez, Representative Artur Davis, Representative Kevin 
McCarthy, and Representative Gregg Harper.

Panel One Witnesses:

    1. The Honorable Gineen Beach--Chairwoman, U.S. Election 
Assistance Commission
    2. The Honorable Gracia Hillman--Vice-Chairwoman, U.S. 
Election Assistance Commission
    3. Mr. George Gilbert--Director, Guilford County Board of 
Elections, North Carolina
    4. Mr. Keith Cunningham--Director, Allen County Board of 
Elections, Ohio

Panel Two Witnesses:

    1. Ms. Melanie Campbell--Executive Director, National 
Coalition on Black Civic Participation
    2. Ms. Patty Ferguson Bohnee--Native Vote Election 
Protection Coordinator, National Congress of American Indians
    3. Mr. Arturo Vargas--Executive Director, National 
Association of Latino Elected and Appointed Officials
    4. Mr. Eric Eversole--Former Attorney, Civil Rights 
Division, U.S. Department of Justice
    5. Mr. Doug Chapin--Director, Election Initiatives, Pew 
Center on the States
    On May 21, 2009, the Committee on House Administration 
Subcommittee on Elections held a hearing entitled ``Military 
and Overseas Voting: Obstacles and Potential Solutions.'' The 
following Members were present at the hearing: Subcommittee on 
Elections Chair Zoe Lofgren, Representative Susan Davis, 
Representative Kevin McCarthy, and Representative Gregg Harper.

Panel Witnesses:

    1. The Honorable Gail McGinn--Acting Undersecretary for 
Personnel and Readiness, Department of Defense
    2. Captain Patricia Garcia--Voting Assistance Officer, 
United States Air Force
    3. Mr. Rokey Suleman--General Registrar, Fairfax County, 
Virginia
    4. Ms. Jessie Jane Duff--Gunnery Sergeant, U.S. Marine 
Corps (Ret)

                                 MARKUP

    On June 10, 2009, the Committee met to mark up H.R. 2393. 
The Committee ordered H.R. 2393 reported favorably, by voice 
vote. A quorum was present.

             Matters Required Under the Rules of the House


                         COMMITTEE RECORD VOTES

    Clause 3(b) of House rule XIII requires the results of each 
record vote on an amendment or motion to report, together with 
the names of those voting for and against, to be printed in the 
committee report. There were no recorded votes taken on H.R. 
2393.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                General Performance Goals and Objectives

    The Committee states, with respect to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, that 
the goal and objective of H.R. 2393 is to improve and expedite 
the absentee voting process for military voters.

                        Constitutional Authority

    In compliance with clause 3(d)(1) of rule XIII, the 
Committee states that Article 1 of the U.S. Constitution grants 
Congress the authority to make laws governing the time, place 
and manner of holding Federal elections.

                            Federal Mandates

    Section 423 of the Congressional Budget Act requires a 
committee report on any public bill or joint resolution that 
includes a federal mandate to include specific information 
about such mandates. The Committee states that H.R. 2393 does 
not include federal mandates.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act requires a 
committee report on any public bill or joint resolution to 
include a statement on the extent to which the measure is 
intended to preempt state or local law. The Committee states 
that H.R. 2392 is not intended to preempt any state or local 
law.

                         Earmark Identification

    In response to the requirements of clause 9 of rule XXI, 
the Committee reports that H.R. 2393 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 14, 2009.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2393, the Military 
Voting Protection Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jason 
Wheelock.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 2393--Military Voting Protection Act of 2009

    H.R. 2393 would amend the Uniformed Overseas Citizens 
Absentee Voting Act to require the Department of Defense (DoD) 
to collect and deliver absentee ballots of personnel of the 
uniformed services deployed or stationed overseas. The bill 
would affect ballots cast in regularly scheduled general 
elections for federal office and would require DoD to use the 
express mail service of the U.S. Postal Service to deliver such 
ballots.
    The Postal Service estimates it would charge DoD about 
$13.50 per ballot to ship the ballots back to the United 
States. Based upon data from the Defense Manpower Data Center 
on the number of military personnel deployed or stationed 
overseas as of March 2009--the last report currently 
available--and data from the U.S. Census Bureau on voting 
participation of the U.S. population, CBO estimates that 
approximately 165,000 and 275,000 ballots would be shipped by 
express mail in the 2010 and 2012 elections, respectively. 
Based upon those factors, and accounting for inflation, CBO 
estimates that implementing the bill would cost approximately 
$2 million in fiscal year 2011 and $4 million in fiscal year 
2013, assuming the appropriation of the necessary amounts.
    Section 4 of the Unfunded Mandates Reform Act excludes from 
the application of that act any legislative provisions that 
enforce the constitutional rights of individuals. CBO has 
determined that H.R. 2393 would fall within that exclusion 
because it would protect individuals' voting rights. Therefore, 
we have not reviewed the bill for mandates.
    The CBO staff contact for this estimate is Jason Wheelock. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT

           *       *       *       *       *       *       *


 TITLE I--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS 
          AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE

SEC. 101. FEDERAL RESPONSIBILITIES.

  (a) * * *
  (b) Duties of Presidential Designee.--The Presidential 
designee shall--
          (1) * * *

           *       *       *       *       *       *       *

          (6) not later than the end of each year after a 
        Presidential election year, transmit to the President 
        and the Congress a report on the effectiveness of 
        assistance under this title, including a statistical 
        analysis of uniformed services voter participation, a 
        separate statistical analysis of overseas nonmilitary 
        participation, and a description of State-Federal 
        cooperation; [and]
          (7) prescribe a standard oath for use with any 
        document under this title affirming that a material 
        misstatement of fact in the completion of such a 
        document may constitute grounds for a conviction for 
        perjury[.]; 
          (8) carry out section 103A with respect to the 
        collection and delivery of marked absentee ballots of 
        absent overseas uniformed services voters in elections 
        for Federal office; and
          (9) to the greatest extent practicable, take such 
        actions as may be required to ensure that absent 
        uniformed services voters who cast absentee ballots at 
        locations or facilities under the Presidential 
        designee's jurisdiction are able to do so in a private 
        and independent manner, and take such actions as may be 
        required to protect the privacy of the contents of 
        absentee ballots cast by absent uniformed services 
        voters and overseas voters while such ballots are in 
        the Presidential designee's possession or control.

           *       *       *       *       *       *       *


SEC. 102. STATE RESPONSIBILITIES.

  (a) In General.--Each State shall--
          (1) * * *

           *       *       *       *       *       *       *

          (4) use the official post card form (prescribed under 
        section 101) for simultaneous voter registration 
        application and absentee ballot application; [and]
          (5) if the State requires an oath or affirmation to 
        accompany any document under this title, use the 
        standard oath prescribed by the Presidential designee 
        under section 101(b)(7)[.]; and
          (6) carry out section 103A(b)(2) with respect to the 
        processing and acceptance of marked absentee ballots of 
        absent overseas uniformed services voters.

           *       *       *       *       *       *       *


SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE 
                    BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES 
                    VOTERS.

  (a) Collection.--The Presidential designee shall establish 
procedures for collecting marked absentee ballots of absent 
overseas uniformed services voters in regularly scheduled 
general elections for Federal office, including absentee 
ballots prepared by States and the Federal write-in absentee 
ballot prescribed under section 103, and for delivering the 
ballots to the appropriate election officials.
  (b) Ensuring Delivery Prior to Closing of Polls.--
          (1) In general.--Under the procedures established 
        under this section, the Presidential designee shall 
        ensure that any marked absentee ballot for a regularly 
        scheduled general election for Federal office which is 
        collected prior to the deadline described in paragraph 
        (3) is delivered to the appropriate election official 
        in a State prior to the time established by the State 
        for the closing of the polls on the date of the 
        election.
          (2) Utilization of express mail delivery services.--
        The Presidential designee shall carry out this section 
        by utilizing the express mail delivery services of the 
        United States Postal Service.
          (3) Deadline described.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the deadline described in 
                this paragraph is noon (in the location in 
                which the ballot is collected) on the fourth 
                day preceding the date of the election.
                  (B) Authority to establish alternative 
                deadline for certain locations.--If the 
                Presidential designee determines that the 
                deadline described in subparagraph (A) is not 
                sufficient to ensure timely delivery of the 
                ballot under paragraph (1) with respect to a 
                particular location because of remoteness or 
                other factors, the Presidential designee may 
                establish as an alternative deadline for that 
                location the latest date occurring prior to the 
                deadline described in subparagraph (A) which is 
                sufficient to ensure timely delivery of the 
                ballot under paragraph (1).
  (c) Tracking Mechanism.--Under the procedures established 
under this section, the Presidential designee, working in 
conjunction with the United States Postal Service, shall 
implement procedures to enable any individual whose marked 
absentee ballot for a regularly scheduled general election for 
Federal office is collected by the Presidential designee to 
determine whether the ballot has been delivered to the 
appropriate election official, using the Internet, an automated 
telephone system, or such other methods as the Presidential 
designee may provide.
  (d) Outreach for Absent Overseas Uniformed Services Voters on 
Procedures.--The Presidential designee shall take appropriate 
actions to inform individuals who are anticipated to be absent 
overseas uniformed services voters in a regularly scheduled 
general election for Federal office to which this section 
applies of the procedures for the collection and delivery of 
marked absentee ballots established pursuant to this section, 
including the manner in which such voters may utilize such 
procedures for the submittal of marked absentee ballots in the 
election.
  (e) Reports on Utilization of Procedures.--
          (1) Reports required.--Not later than 180 days after 
        each regularly scheduled general election for Federal 
        office to which this section applies, the Presidential 
        designee shall submit to the relevant committees of 
        Congress a report on the utilization of the procedures 
        for the collection and delivery of marked absentee 
        ballots established pursuant to this section during 
        such general election.
          (2) Elements.--Each report under paragraph (1) shall 
        include, for the general election covered by such 
        report, a description of the utilization of the 
        procedures described in that paragraph during such 
        general election, including the number of marked 
        absentee ballots collected and delivered under such 
        procedures and the number of such ballots which were 
        not delivered by the time of the closing of the polls 
        on the date of the election (and the reasons therefor).
          (3) Relevant committees of congress defined.--In this 
        subsection, the term ``relevant committees of 
        Congress'' means--
                  (A) the Committees on Appropriations, Armed 
                Services, and Rules and Administration of the 
                Senate; and
                  (B) the Committees on Appropriations, Armed 
                Services, and House Administration of the House 
                of Representatives.
  (f) Absent Overseas Uniformed Services Voter Defined.--In 
this section, the term ``absent overseas uniformed services 
voter'' means an overseas voter described in section 107(5)(A).
  (g) Authorization of Appropriations.--There are authorized to 
be appropriated to the Presidential designee such sums as may 
be necessary to carry out this section.
  (h) Effective Date.--This section shall apply with respect to 
the regularly scheduled general election for Federal office 
held in November 2010 and each succeeding election for Federal 
office.

           *       *       *       *       *       *       *


                                  
