[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 731 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 731
To ensure that military personnel do not lose the right to cast votes
in elections in their domicile as a result of their service away from
the domicile, to amend the Uniformed and Overseas Citizens Absentee
Voting Act to extend the voter registration and absentee ballot
protections for absent uniformed services personnel under such Act to
State and local elections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 6, 2001
Mr. Nelson of Florida introduced the following bill; which was read
twice and referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To ensure that military personnel do not lose the right to cast votes
in elections in their domicile as a result of their service away from
the domicile, to amend the Uniformed and Overseas Citizens Absentee
Voting Act to extend the voter registration and absentee ballot
protections for absent uniformed services personnel under such Act to
State and local elections, and for other purposes.
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 Overseas Voter Empowerment
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) National defense is a core responsibility of the
Federal Government, which has the sole authority to raise and
maintain the military, and the Federal Government has a special
responsibility to ensure the voting rights of military members
and their families are adequately protected.
(2) Over 2,700,000 members of the military and their
families are stationed away from their home of record at any
given time.
(3) The disenfranchisement of military voters has been
acknowledged since 1952, when the Subcommittee on Elections of
the Committee on House Administration of the House of
Representatives conducted hearings on the likely
disenfranchisement of military personnel then fighting in the
Korean War, and President Truman recommended the enactment of
temporary legislation by Congress since it ``should be possible
to make all the necessary changes in State laws before the
congressional elections of 1954.''
(4) The controversy during the 2000 Federal election over
uncounted military absentee ballots has again shown that the
votes of many military members and their families have not been
counted because of confusing State and local procedures,
cumbersome ballot request and submission requirements, and
complicated procedures and ballots.
(5) Some States do not recognize the rights of military
voters and their families to vote in their domicile of origin,
further disenfranchising these voters and their families.
(6) Therefore, Federal legislation is needed to protect the
voting rights of military personnel who serve in defense of our
Nation.
SEC. 3. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.
Article VII of the Soldiers' and Sailors' Civil Relief Act of 1940
(50 U.S.C. App. 590 et seq.) is amended by adding at the end the
following:
``Sec. 704. (a) For purposes of voting for any Federal office (as
defined in section 301 of the Federal Election Campaign Act of 1971 (2
U.S.C. 431)) or a State or local office, 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, without regard to whether or not the person intends
to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a 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. 4. EXTENSION OF REGISTRATION AND BALLOTING RIGHTS FOR ABSENT
UNIFORMED SERVICES VOTERS TO STATE AND LOCAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
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 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 date of the
election.''.
(b) Conforming Amendment.--The heading for title I of such Act is
amended by striking ``FOR FEDERAL OFFICE''.
SEC. 5. TREATMENT OF APPLICATIONS AND ABSENTEE BALLOTS SUBMITTED BY
ABSENT UNIFORMED SERVICES VOTERS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1073ff-1), as amended by section 4, is
amended by adding at the end the following:
``(c) Mandatory Minimum Period Between Availability of Absentee
Ballot and Deadline for Submission for Absent Uniformed Services
Voters.--A State shall not refuse to count an otherwise valid absentee
ballot submitted in an election for Federal, State, or local office by
an absent uniformed services voter on the grounds that the ballot was
not submitted in a timely manner if the ballot was submitted not later
than 30 days after the date on which the ballot was made available by
the State.
``(d) Standard for Invalidation of Ballots Submitted by Absent
Uniformed Services Voters.--
``(1) Fraud.--
``(A) In general.--A State shall not refuse to
count an otherwise valid ballot submitted in an
election for Federal office by an absent uniformed
services 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.
``(B) Evidence not considered clear and convincing
evidence of fraud.--The lack of a witness signature,
address, postmark, or other identifying information
shall not be considered clear and convincing evidence
of fraud under subparagraph (A), absent other
information or evidence.
``(2) No effect on filing deadlines under state law.--
Nothing in this subsection shall be construed to affect the
applicability of any ballot submission deadline under State law
to absentee ballots submitted by absent uniformed services
voters (taking into account the requirements of subsection
(c)).
``(e) Prohibiting Refusal of Applications on Grounds of Early
Submission.--A State shall not refuse to accept or process, with
respect to any general, special, primary, or runoff election for
Federal office, any otherwise valid voter registration application or
absentee ballot application from an absent uniformed services voter, on
the ground that the voter submitted the application before the first
date on which the State otherwise accepts or processes such
applications from absentee voters.''.
(b) Use of Single Application for Absentee Ballots for All Federal
Elections.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as
designated by section 4(a), is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) accept and process, with respect to all general,
special, primary, and runoff elections for Federal office
occurring during a year, any otherwise valid absentee ballot
application from an absent uniformed services voter or overseas
voter, if a single application for any such election is
received by the appropriate State election official not less
than 30 days before the first election for Federal office
occurring during the year; and''.
SEC. 6. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED SERVICES VOTERS
TO RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.
The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.) is amended by inserting after section 104 the
following:
``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.
``(a) In General.--For purposes of this Act, an individual who is a
separated uniformed services voter (or the spouse or dependent of such
an individual) shall be treated in the same manner as an absent
uniformed services voter with respect to any election occurring during
the 60-day period which begins on the date the individual becomes a
separated uniformed services voter.
``(b) Separated Uniformed Services Voter Defined.--
``(1) In general.--In this section, the term `separated
uniformed services voter' means an individual who--
``(A) is separated from the uniformed services;
``(B) was a uniformed services voter immediately
prior to separation;
``(C) presents to an appropriate election official
Department of Defense form 214, or any other official
proof, showing that the individual meets the
requirements of subparagraphs (A) and (B); and
``(D) is otherwise qualified to vote with respect
to the election involved.
``(2) Uniformed services voter.--In paragraph (1), the term
`uniformed services voter' means--
``(A) a member of a uniformed service on active
duty; or
``(B) a member of the merchant marine.''.
SEC. 7. ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) In General.--The Secretary of Defense shall carry out a
demonstration project under which absent uniformed services voters (as
defined in section 107(1) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-6(1)) are permitted to cast
ballots in the regularly scheduled general election for Federal office
for November 2002 through an electronic voting system.
(b) Coordination With State Election Officials.--To the greatest
extent practicable, the Secretary of Defense shall carry out the
demonstration project under this section through cooperative agreements
with State election officials.
(c) Report to Congress.--Not later than June 1, 2003, the Secretary
of Defense shall submit a report to Congress analyzing the
demonstration project conducted under this section, and shall include
in the report any recommendations the Secretary of Defense considers
appropriate for continuing the project on an expanded basis during the
next regularly scheduled general election for Federal office.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to elections occurring after the date of enactment of this Act.
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