[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1728 Reported in Senate (RS)]
Calendar No. 355
113th CONGRESS
2d Session
S. 1728
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
improve ballot accessibility to uniformed services voters and overseas
voters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 19, 2013
Mr. Cornyn (for himself, Mr. Schumer, Mr. Blunt, Mr. Warner, Mr.
Wicker, Mr. Brown, Mr. Rubio, Mr. King, Mr. Cochran, Mr. Portman, Mr.
Cruz, Mr. Walsh, Ms. Klobuchar, and Mr. Pryor) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
April 10, 2014
Reported by Mr. Schumer, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
improve ballot accessibility to uniformed services voters and overseas
voters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Safeguarding Elections for
our Nation's Troops through Reforms and Improvements (SENTRI)
Act''.</DELETED>
<DELETED>TITLE I--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT</DELETED>
<DELETED>SEC. 101. PRE-ELECTION REPORTING REQUIREMENT ON TRANSMISSION
OF ABSENTEE BALLOTS.</DELETED>
<DELETED> (a) In General.--Subsection (c) of section 102 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
1(c)) is amended by striking ``Not later than 90 days'' and inserting
the following:</DELETED>
<DELETED> ``(1) Pre-election report on absentee ballots
transmitted.--</DELETED>
<DELETED> ``(A) In general.--Not later than 43 days
before any election for Federal office held in a State,
the chief State election official of such State shall
submit a report to the Attorney General and the
Presidential designee, and make that report publicly
available that same day, confirming--</DELETED>
<DELETED> ``(i) the number of absentee
ballots validly requested by absent uniformed
services voters and overseas voters whose
requests were received by the 46th day before
the election, and</DELETED>
<DELETED> ``(ii) whether those ballots were
timely transmitted.</DELETED>
<DELETED> ``(B) Matters to be included.--The report
under subparagraph (A) shall include the following
information:</DELETED>
<DELETED> ``(i) Specific information about
ballot transmission, including the total
numbers of ballot requests received from such
voters and ballots transmitted to such voters
by the 46th day before the election from each
unit of local government that will administer
the election.</DELETED>
<DELETED> ``(ii) If the chief State election
official has incomplete information on any
items required to be included in the report, an
explanation of what information is incomplete
information and efforts made to acquire such
information.</DELETED>
<DELETED> ``(C) Requirement to supplement incomplete
information.--If the report under subparagraph (A) has
incomplete information on any items required to be
included in the report, the chief State election
official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.</DELETED>
<DELETED> ``(D) Format.--The report under
subparagraph (A) shall be in a format prescribed by the
Attorney General in consultation with the chief State
election officials of each State.</DELETED>
<DELETED> ``(2) Post election report on number of absentee
ballots transmitted and received.--Not later than 90
days''.</DELETED>
<DELETED> (b) Conforming Amendment.--The heading for subsection (c)
of section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended by
striking ``Report on Number of Absentee Ballots Transmitted and
Received'' and inserting ``Reports on Absentee Ballots''.</DELETED>
<DELETED>SEC. 102. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER
PROVISION.</DELETED>
<DELETED> (a) In General.--Paragraph (8) of section 102(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
1(a)) is amended to read as follows:</DELETED>
<DELETED> ``(8) transmit a validly requested absentee ballot
to an absent uniformed services voter or overseas voter by the
date and in the manner determined under subsection
(g);''.</DELETED>
<DELETED> (b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (42 U.S.C.
1973ff-1(g)) is amended to read as follows:</DELETED>
<DELETED> ``(g) Ballot Transmission Requirements.--</DELETED>
<DELETED> ``(1) In general.--For purposes of subsection
(a)(8), in the case in which a valid request for an absentee
ballot is received at least 46 days before an election for
Federal office, the following rules shall apply:</DELETED>
<DELETED> ``(A) Transmission deadline.--The State
shall transmit the absentee ballot not later than 46
days before the election.</DELETED>
<DELETED> ``(B) Special rules in case of failure to
transmit on time.--</DELETED>
<DELETED> ``(i) In general.--If the State
fails to transmit any absentee ballot by the
46th day before the election as required by
subparagraph (A) and the absent uniformed
services voter or overseas voter did not
request electronic ballot transmission pursuant
to subsection (f), the State shall transmit
such ballot by express delivery.</DELETED>
<DELETED> ``(ii) Extended failure.--If the
State fails to transmit any absentee ballot by
the 41st day before the election, in addition
to transmitting the ballot as provided in
clause (i), the State shall--</DELETED>
<DELETED> ``(I) in the case of
absentee ballots requested by absent
uniformed services voters with respect
to regularly scheduled general
elections, notify such voters of the
procedures established under section
103A for the collection and delivery of
marked absentee ballots; and</DELETED>
<DELETED> ``(II) in any other case,
provide for the return of such ballot
by express delivery.</DELETED>
<DELETED> ``(iii) Cost of express
delivery.--In any case in which express
delivery is required under this subparagraph,
the cost of such express delivery--</DELETED>
<DELETED> ``(I) shall not be paid by
the voter, and</DELETED>
<DELETED> ``(II) may be required by
the State to be paid by a local
jurisdiction if the State determines
that election officials in such
jurisdiction are responsible for the
failure to transmit the ballot by any
date required under this
paragraph.</DELETED>
<DELETED> ``(iv) Enforcement.--A State's
compliance with this subparagraph does not bar
the Attorney General from seeking additional
remedies necessary to effectuate the purposes
of this Act.</DELETED>
<DELETED> ``(2) Requests received after 46th day before
election.--For purposes of subsection (a)(8), in the case in
which a valid request for an absentee ballot is received less
than 46 days but not less than 30 days before an election for
Federal office, the State shall transmit the absentee ballot
not later than 3 business days after such request is
received.''.</DELETED>
<DELETED>SEC. 103. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT
AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE
BALLOT.</DELETED>
<DELETED> (a) In General.--Section 102(a)(3) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)(3)) is
amended by striking ``general elections'' and inserting ``general,
special, primary, and runoff elections''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 103 of such Act (42
U.S.C. 1973ff-2) is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)(B), by striking
``general'', and</DELETED>
<DELETED> (2) in the heading thereof, by striking
``general''.</DELETED>
<DELETED>SEC. 104. TREATMENT OF BALLOT REQUESTS.</DELETED>
<DELETED> (a) Application of Prohibition of Refusal of Applications
on Grounds of Early Submission to Overseas Voters.--Section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
3) is amended--</DELETED>
<DELETED> (1) by inserting ``or overseas voter'' after
``submitted by an absent uniformed services voter'';
and</DELETED>
<DELETED> (2) by striking ``members of the uniformed
services'' and inserting ``absent uniformed services voters or
overseas voters''.</DELETED>
<DELETED> (b) Use of Single Application for Subsequent Elections.--
</DELETED>
<DELETED> (1) In general.--Section 104 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is
amended--</DELETED>
<DELETED> (A) by striking ``A State'' and inserting
the following:</DELETED>
<DELETED> ``(a) Prohibition of Refusal of Applications on Grounds of
Early Submission.--A State'', and</DELETED>
<DELETED> (B) by adding at the end the following new
subsections:</DELETED>
<DELETED> ``(b) Application Treated as Valid for Subsequent
Elections.--</DELETED>
<DELETED> ``(1) In general.--If a State accepts and
processes a request for an absentee ballot by an absent
uniformed services voter or overseas voter and the voter
requests that the application be considered an application for
an absentee ballot for each subsequent election for Federal
office held in the State through the next regularly scheduled
general election for Federal office (including any runoff
elections which may occur as a result of the outcome of such
general election) and any special elections for Federal office
held in the State through the calendar year following such
general election, the State shall provide an absentee ballot to
the voter for each such subsequent election.</DELETED>
<DELETED> ``(2) Exceptions.--Paragraph (1) shall not apply
with respect to either of the following:</DELETED>
<DELETED> ``(A) Voters changing registration.--A
voter removed from the list of official eligible voters
in accordance with subparagraph (A), (B), or (C) of
section 8(a)(3) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6(a)).</DELETED>
<DELETED> ``(B) Undeliverable ballots.--A voter
whose ballot is returned by mail to the State or local
election officials as undeliverable or, in the case of
a ballot delivered electronically, if the email sent to
the voter was undeliverable or rejected due to an
invalid email address.''.</DELETED>
<DELETED> (2) Conforming amendment.--The heading of section
104 of such Act is amended by striking ``prohibition of refusal
of applications on grounds of early submission'' and inserting
``treatment of ballot requests''.</DELETED>
<DELETED> (3) Revision to postcard form.--</DELETED>
<DELETED> (A) In general.--The Presidential designee
shall ensure that the official postcard form prescribed
under section 101(b)(2) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2))
enables a voter using the form to--</DELETED>
<DELETED> (i) request an absentee ballot for
each election for Federal office held in a
State through the next regularly scheduled
general election for Federal office (including
any runoff elections which may occur as a
result of the outcome of such general election)
and any special elections for Federal office
held in the State through the calendar year
following such general election; or</DELETED>
<DELETED> (ii) request an absentee ballot
for a specific election or elections for
Federal office held in a State during the
period described in paragraph (1).</DELETED>
<DELETED> (B) Presidential designee.--For purposes
of this paragraph, the term ``Presidential designee''
means the individual designated under section 101(a) of
the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff(a)).</DELETED>
<DELETED>SEC. 105. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS.</DELETED>
<DELETED> Paragraphs (6) and (8) of section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) are each
amended by striking ``and American Samoa'' and inserting ``American
Samoa, and the Commonwealth of the Northern Mariana
Islands''.</DELETED>
<DELETED>SEC. 106. BIENNIAL REPORT ON THE EFFECTIVENESS OF ACTIVITIES
OF THE FEDERAL VOTING ASSISTANCE PROGRAM AND COMPTROLLER
GENERAL REVIEW.</DELETED>
<DELETED> (a) In General.--Section 105A(b) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4a(b)) is
amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1)--
</DELETED>
<DELETED> (A) by striking ``March 31 of each year''
and inserting ``June 30 of each odd-numbered year'';
and</DELETED>
<DELETED> (B) by striking ``the following
information'' and inserting ``the following information
with respect to the Federal elections held during the 2
preceding calendar years'';</DELETED>
<DELETED> (2) in paragraph (1), by striking ``separate
assessment'' each place it appears and inserting ``separate
assessment and statistical analysis''; and</DELETED>
<DELETED> (3) in paragraph (2)--</DELETED>
<DELETED> (A) by striking ``section 1566a'' in the
matter preceding subparagraph (A) and inserting
``sections 1566a and 1566b'';</DELETED>
<DELETED> (B) by striking ``such section'' each
place it appears in subparagraphs (A) and (B) and
inserting ``such sections''; and</DELETED>
<DELETED> (C) by adding at the end the following new
subparagraphs:</DELETED>
<DELETED> ``(C) The number of completed official
postcard forms prescribed under section 101(b)(2) that
were completed by absent uniformed services members and
accepted and transmitted.</DELETED>
<DELETED> ``(D) The number of absent uniformed
services members who declined to register to vote under
such sections.''.</DELETED>
<DELETED> (b) Comptroller General Reviews.--Section 105A of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
4a) is amended by redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:</DELETED>
<DELETED> ``(c) Comptroller General Reviews.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(A) Review.--The Comptroller General
shall conduct a review of any reports submitted by the
Presidential designee under subsection (b) with respect
to elections occurring in calendar years 2014 through
2020.</DELETED>
<DELETED> ``(B) Report.--Not later than 180 days
after a report is submitted by the Presidential
designee under subsection (b), the Comptroller General
shall submit to the relevant committees of Congress a
report containing the results of the review conducted
under subparagraph (A).</DELETED>
<DELETED> ``(2) Matters reviewed.--A review conducted under
paragraph (1) shall assess--</DELETED>
<DELETED> ``(A) the methodology used by the
Presidential designee to prepare the report and to
develop the data presented in the report, including the
approach for designing, implementing, and analyzing the
results of any surveys,</DELETED>
<DELETED> ``(B) the effectiveness of any voting
assistance covered in the report provided under
subsection (b) and provided by the Presidential
designee to absent overseas uniformed services voters
and overseas voters who are not members of the
uniformed services, including an assessment of--
</DELETED>
<DELETED> ``(i) any steps taken toward
improving the implementation of such voting
assistance; and</DELETED>
<DELETED> ``(ii) the extent of collaboration
between the Presidential designee and the
States in providing such voting assistance;
and</DELETED>
<DELETED> ``(C) any other information the
Comptroller General considers relevant to the
review.''.</DELETED>
<DELETED> (c) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--</DELETED>
<DELETED> (A) by striking paragraph (6);
and</DELETED>
<DELETED> (B) by redesignating paragraphs (7)
through (11) as paragraphs (6) through (10),
respectively.</DELETED>
<DELETED> (2) Section 102(a) of such Act (42 U.S.C. 1973ff-
1(a)) is amended--</DELETED>
<DELETED> (A) in paragraph (5), by striking
``101(b)(7)'' and inserting ``101(b)(6)'';
and</DELETED>
<DELETED> (B) in paragraph (11), by striking
``101(b)(11)'' and inserting ``101(b)(10)''.</DELETED>
<DELETED> (3) Section 105A(b) of such Act (42 U.S.C. 1973ff-
4a(b)) is amended--</DELETED>
<DELETED> (A) by striking ``Annual Report'' in the
subsection heading and inserting ``Biennial Report'';
and</DELETED>
<DELETED> (B) by striking ``In the case of'' in
paragraph (3) and all that follows through ``a
description'' and inserting ``A
description''.</DELETED>
<DELETED>SEC. 107. EFFECTIVE DATE.</DELETED>
<DELETED> The amendments made by this title shall apply with respect
to the regularly scheduled general election for Federal office held in
November 2014 and each succeeding election for Federal
office.</DELETED>
<DELETED>TITLE II--PROVISION OF VOTER ASSISTANCE TO MEMBERS OF THE
ARMED FORCES</DELETED>
<DELETED>SEC. 201. PROVISION OF ANNUAL VOTER ASSISTANCE.</DELETED>
<DELETED> (a) Annual Voter Assistance.--</DELETED>
<DELETED> (1) In general.--Chapter 80 of title 10, United
States Code, is amended by inserting after section 1566a the
following new section:</DELETED>
<DELETED>``Sec. 1566b. Annual voter assistance</DELETED>
<DELETED> ``(a) In General.--The Secretary of Defense shall carry
out the following activities:</DELETED>
<DELETED> ``(1) In coordination with the Secretary of each
military department--</DELETED>
<DELETED> ``(A) affirmatively offer, on an annual
basis, each member of the armed forces on active duty
(other than active duty for training) the opportunity,
through the online system developed under paragraph
(2), to--</DELETED>
<DELETED> ``(i) register to vote in an
election for Federal office;</DELETED>
<DELETED> ``(ii) update the member's voter
registration information; or</DELETED>
<DELETED> ``(iii) request an absentee
ballot;</DELETED>
<DELETED> ``(B) provide services to such members for
the purpose of carrying out the activities in clauses
(i), (ii), and (iii) of subparagraph (A); and</DELETED>
<DELETED> ``(C) require any such member who declines
the offer for voter assistance under subparagraph (A)
to indicate and record that decision.</DELETED>
<DELETED> ``(2) Implement an online system that, to the
extent practicable, is integrated with the existing systems of
each of the military departments and that--</DELETED>
<DELETED> ``(A) provides an electronic means for
carrying out the requirements of paragraph
(1);</DELETED>
<DELETED> ``(B) in the case of an individual
registering to vote in a State that accepts electronic
voter registration and operates its own electronic
voter registration system using a form that meets the
requirements for mail voter registration forms under
section 9(b) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-7(b)), directs such individual
to that system; and</DELETED>
<DELETED> ``(C) in the case of an individual using
the official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to
register to vote and request an absentee ballot--
</DELETED>
<DELETED> ``(i) pre-populates such official
postcard form with the personal information of
such individual, and</DELETED>
<DELETED> ``(ii)(I) produces the pre-
populated form and a pre-addressed envelope for
use in transmitting such official postcard
form; or</DELETED>
<DELETED> ``(II) transmits the completed
official postcard form electronically to the
appropriate State or local election
officials.</DELETED>
<DELETED> ``(3) Implement a system (either independently or
in conjunction with the online system under paragraph (2)) by
which any change of address by a member of the armed forces on
active duty who is undergoing a permanent change of station,
deploying overseas for at least six months, or returning from
an overseas deployment of at least six months automatically
triggers, through the Defense Enrollment and Eligibility
Registration System or related systems, a notification via
electronic means to such member that--</DELETED>
<DELETED> ``(A) indicates that such member's voter
registration or absentee mailing address should be
updated with the appropriate State or local election
officials; and</DELETED>
<DELETED> ``(B) includes instructions on how to
update such voter registration using the online system
developed under paragraph (2).</DELETED>
<DELETED> ``(b) Data Collection.--The online system developed under
subsection (a)(2) shall collect and store all data required to meet the
reporting requirements of section 201(b) of the Safeguarding Elections
for our Nation's Troops through Reforms and Improvements (SENTRI) Act
and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-4a(b)(2)) in a manner that complies with
section 552a of title 5, United States Code, (commonly known as the
Privacy Act of 1974) and imposes no new record management burden on any
military unit or military installation.</DELETED>
<DELETED> ``(c) Timing of Voter Assistance.--To the extent
practicable, the voter assistance under subsection (a)(1) shall be
offered as a part of each servicemember's annual training.</DELETED>
<DELETED> ``(d) Regulations.--Not later than 1 year after the date
of the enactment of this section, the Secretary of Defense shall
prescribe regulations implementing the requirements of subsection (a).
Such regulations shall include procedures to inform those members of
the armed forces on active duty (other than active duty for training)
experiencing a change of address about the benefits of this section and
the timeframe for requesting an absentee ballot to ensure sufficient
time for State delivery of the ballot.''.</DELETED>
<DELETED> (2) Clerical amendment.--The table of sections at
the beginning of chapter 80 of such title is amended by
inserting after the item relating to section 1566a the
following new item:</DELETED>
<DELETED>``1566b. Annual voter assistance.''.
<DELETED> (b) Report on Status of Implementation.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the relevant committees of Congress a report on
the status of the implementation of the requirements of section
1566b of title 10, United States Code, as added by subsection
(a)(1).</DELETED>
<DELETED> (2) Elements.--The report under paragraph (1)
shall include--</DELETED>
<DELETED> (A) a detailed description of any specific
steps already taken towards the implementation of the
requirements of such section 1566b;</DELETED>
<DELETED> (B) a detailed plan for the implementation
of such requirements, including milestones and
deadlines for the completion of such
implementation;</DELETED>
<DELETED> (C) the costs expected to be incurred in
the implementation of such requirements;</DELETED>
<DELETED> (D) a description of how the annual voting
assistance and system under subsection (a)(3) of such
section will be integrated with the Defense Enrollment
and Eligibility Registration System or other Department
of Defense personnel databases that track military
servicemembers' address changes;</DELETED>
<DELETED> (E) an estimate of how long it will take
an average member to complete the voter assistance
process required under subsection (a)(1) of such
section;</DELETED>
<DELETED> (F) an explanation of how the Secretary of
Defense will collect reliable data on the utilization
of the online system under subsection (a)(2) of such
section; and</DELETED>
<DELETED> (G) a summary of any objections, concerns,
or comments made by State or local election officials
regarding the implementation of such section.</DELETED>
<DELETED> (3) Relevant committees of congress defined.--In
this subsection, the term ``relevant committees of Congress''
means--</DELETED>
<DELETED> (A) the Committees on Appropriations,
Armed Services, and Rules and Administration of the
Senate; and</DELETED>
<DELETED> (B) the Committees on Appropriations,
Armed Services, and House Administration of the House
of Representatives.</DELETED>
<DELETED>TITLE III--ELECTRONIC VOTING SYSTEMS</DELETED>
<DELETED>SEC. 301. REPEAL OF ELECTRONIC VOTING DEMONSTRATION
PROJECT.</DELETED>
<DELETED> Section 1604 of the National Defense Authorization Act for
Fiscal Year 2002 (42 U.S.C. 1973ff note) is repealed.</DELETED>
<DELETED>TITLE IV--RESIDENCY OF MILITARY FAMILY MEMBERS</DELETED>
<DELETED>SEC. 401. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES
TO FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.</DELETED>
<DELETED> (a) In General.--Subsection (b) of section 705 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended--
</DELETED>
<DELETED> (1) by striking ``a person who is absent from a
State because the person is accompanying the persons's spouse
who is absent from that same State in compliance with military
or naval orders shall not, solely by reason of that absence''
and inserting ``a dependent of a person who is absent from a
State in compliance with military orders shall not, solely by
reason of absence, whether or not accompanying that person'';
and</DELETED>
<DELETED> (2) in the heading by striking ``Spouses'' and
inserting ``Dependents''.</DELETED>
<DELETED> (b) Conforming Amendment.--The heading of section 705 of
such Act (50 U.S.C. App. 595) is amended by striking ``spouses'' and
inserting ``dependents''.</DELETED>
<DELETED> (c) Effective Date.--The amendments made by this section
shall apply with respect to absences from States described in section
705(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 595(b)),
as amended by subsection (a), after the date of the enactment of this
Act, regardless of the date of the military orders concerned.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Elections for our
Nation's Troops through Reforms and Improvements (SENTRI) Act''.
TITLE I--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS
ABSENTEE VOTING ACT
SEC. 101. PRE-ELECTION REPORTING REQUIREMENT ON TRANSMISSION OF
ABSENTEE BALLOTS.
(a) In General.--Subsection (c) of section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(c)) is
amended by striking ``Not later than 90 days'' and inserting the
following:
``(1) Pre-election report on absentee ballots
transmitted.--
``(A) In general.--Not later than 43 days before
any election for Federal office held in a State, the
chief State election official of such State shall
submit a report containing the information in
subparagraph (B) to the Attorney General and the
Presidential designee, and make that report publicly
available that same day.
``(B) Information reported.--The report under
subparagraph (A) shall consist of the following:
``(i) The total number of absentee ballots
validly requested by absent uniformed services
voters and overseas voters whose requests were
received by the 47th day before the election.
``(ii) The total number of ballots
transmitted to such voters by the 46th day
before the election by each unit of local
government within the State that will
administer the election.
``(iii) If the chief State election
official has incomplete information on any
items required to be included in the report, an
explanation of what information is incomplete
information and efforts made to acquire such
information, including the identity of any unit
of local government that failed to provide
required information to the State.
``(C) Requirement to supplement incomplete
information.--If the report under subparagraph (A) has
incomplete information on any items required to be
included in the report, the chief State election
official shall make all reasonable efforts to
expeditiously supplement the report with complete
information.
``(D) Format.--The report under subparagraph (A)
shall be in a format prescribed by the Attorney General
in consultation with the chief State election officials
of each State.
``(2) Post election report on number of absentee ballots
transmitted and received.--Not later than 90 days''.
(b) Conforming Amendment.--The heading for subsection (c) of
section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended by striking
``Report on Number of Absentee Ballots Transmitted and Received'' and
inserting ``Reports on Absentee Ballots''.
SEC. 102. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.
(a) In General.--Paragraph (8) of section 102(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)) is
amended to read as follows:
``(8) transmit a validly requested absentee ballot to an
absent uniformed services voter or overseas voter by the date
and in the manner determined under subsection (g);''.
(b) Ballot Transmission Requirements and Repeal of Waiver
Provision.--Subsection (g) of section 102 of such Act (42 U.S.C.
1973ff-1(g)) is amended to read as follows:
``(g) Ballot Transmission Requirements.--
``(1) In general.--For purposes of subsection (a)(8), in
the case in which a valid request for an absentee ballot is
received at least 47 days before an election for Federal
office, the following rules shall apply:
``(A) Transmission deadline.--The State shall
transmit the absentee ballot not later than 46 days
before the election.
``(B) Special rules in case of failure to transmit
on time.--
``(i) In general.--If the State fails to
transmit any absentee ballot by the 46th day
before the election as required by subparagraph
(A) and the absent uniformed services voter or
overseas voter did not request electronic
ballot transmission pursuant to subsection (f),
the State shall transmit such ballot by express
delivery.
``(ii) Extended failure.--If the State
fails to transmit any absentee ballot by the
41st day before the election, in addition to
transmitting the ballot as provided in clause
(i), the State shall--
``(I) in the case of absentee
ballots requested by absent uniformed
services voters with respect to
regularly scheduled general elections,
notify such voters of the procedures
established under section 103A for the
collection and delivery of marked
absentee ballots; and
``(II) in any other case, provide
for the return of such ballot by
express delivery.
``(iii) Cost of express delivery.--In any
case in which express delivery is required
under this subparagraph, the cost of such
express delivery--
``(I) shall not be paid by the
voter, and
``(II) may be required by the State
to be paid by a local jurisdiction if
the State determines that election
officials in such jurisdiction are
responsible for the failure to transmit
the ballot by any date required under
this paragraph.
``(iv) Exception.--Clause (ii)(II) shall
not apply when an absent uniformed services
voter or overseas voter indicates the
preference to return the late sent absentee
ballot by electronic transmission in a State
that permits return of an absentee ballot by
electronic transmission.
``(v) Enforcement.--A State's compliance
with this subparagraph does not bar the
Attorney General from seeking additional
remedies necessary to fully resolve or prevent
ongoing, future, or systematic violations of
this provision.
``(C) Special procedure in event of disaster.--If a
disaster (hurricane, tornado, earthquake, storm,
volcanic eruption, landslide, fire, flood, or
explosion), or an act of terrorism prevents the State
from transmitting any absentee ballot by the 46th day
before the election as required by subparagraph (A), it
shall notify the Attorney General as soon as
practicable and take all actions necessary, including
seeking any necessary judicial relief, to ensure that
affected absent uniformed services voters and overseas
voters are provided a reasonable opportunity to receive
and return their absentee ballots in time to be
counted.
``(2) Requests received after 47th day before election.--
For purposes of subsection (a)(8), in the case in which a valid
request for an absentee ballot is received less than 47 days
but not less than 30 days before an election for Federal
office, the State shall transmit the absentee ballot not later
than 3 business days after such request is received.''.
SEC. 103. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT
AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE
BALLOT.
(a) In General.--Section 102(a)(3) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)(3)) is amended by
striking ``general elections'' and inserting ``general, special,
primary, and runoff elections''.
(b) Conforming Amendment.--Section 103 of such Act (42 U.S.C.
1973ff-2) is amended--
(1) in subsection (b)(2)(B), by striking ``general'', and
(2) in the heading thereof, by striking ``general''.
SEC. 104. TREATMENT OF POST CARD REGISTRATION REQUESTS.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-1) is amended by adding at the end the following
new subsection:
``(j) Treatment of Post Card Registrations.--A State shall not
remove any voter who has registered to vote using the official post
card form (prescribed under section 101) except in accordance with
subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6(a)).''.
SEC. 105. TREATMENT OF BALLOT REQUESTS.
(a) Application of Prohibition of Refusal of Applications on
Grounds of Early Submission to Overseas Voters.--Section 104 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
3) is amended--
(1) by inserting ``or overseas voter'' after ``submitted by
an absent uniformed services voter''; and
(2) by striking ``members of the uniformed services'' and
inserting ``absent uniformed services voters or overseas
voters''.
(b) Use of Single Application for Subsequent Elections.--
(1) In general.--Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
(A) by striking ``A State'' and inserting the
following:
``(a) Prohibition of Refusal of Applications on Grounds of Early
Submission.--A State'', and
(B) by adding at the end the following new
subsections:
``(b) Application Treated as Valid for Subsequent Elections.--
``(1) In general.--If a State accepts and processes a
request for an absentee ballot by an absent uniformed services
voter or overseas voter and the voter requests that the
application be considered an application for an absentee ballot
for each subsequent election for Federal office held in the
State through the next regularly scheduled general election for
Federal office (including any runoff elections which may occur
as a result of the outcome of such general election), the State
shall provide an absentee ballot to the voter for each such
subsequent election.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to either of the following:
``(A) Voters changing registration.--A voter
removed from the list of official eligible voters in
accordance with subparagraph (A), (B), or (C) of
section 8(a)(3) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6(a)).
``(B) Undeliverable ballots.--A voter whose ballot
is returned by mail to the State or local election
officials as undeliverable or, in the case of a ballot
delivered electronically, if the email sent to the
voter was undeliverable or rejected due to an invalid
email address.''.
(2) Conforming amendment.--The heading of section 104 of
such Act is amended by striking ``prohibition of refusal of
applications on grounds of early submission'' and inserting
``treatment of ballot requests''.
(3) Revision to postcard form.--
(A) In general.--The Presidential designee shall
ensure that the official postcard form prescribed under
section 101(b)(2) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2))
enables a voter using the form to--
(i) request an absentee ballot for each
election for Federal office held in a State
through the next regularly scheduled general
election for Federal office (including any
runoff elections which may occur as a result of
the outcome of such general election); or
(ii) request an absentee ballot for a
specific election or elections for Federal
office held in a State during the period
described in paragraph (1).
(B) Presidential designee.--For purposes of this
paragraph, the term ``Presidential designee'' means the
individual designated under section 101(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(a)).
SEC. 106. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) are each amended
by striking ``and American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''.
SEC. 107. BIENNIAL REPORT ON THE EFFECTIVENESS OF ACTIVITIES OF THE
FEDERAL VOTING ASSISTANCE PROGRAM AND COMPTROLLER GENERAL
REVIEW.
(a) In General.--Section 105A(b) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-4a(b)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``March 31 of each year'' and
inserting ``June 30 of each odd-numbered year''; and
(B) by striking ``the following information'' and
inserting ``the following information with respect to
the Federal elections held during the 2 preceding
calendar years'';
(2) in paragraph (1), by striking ``separate assessment''
each place it appears and inserting ``separate assessment and
statistical analysis''; and
(3) in paragraph (2)--
(A) by striking ``section 1566a'' in the matter
preceding subparagraph (A) and inserting ``sections
1566a and 1566b'';
(B) by striking ``such section'' each place it
appears in subparagraphs (A) and (B) and inserting
``such sections''; and
(C) by adding at the end the following new
subparagraphs:
``(C) The number of completed official postcard
forms prescribed under section 101(b)(2) that were
completed by absent uniformed services members and
accepted and transmitted.
``(D) The number of absent uniformed services
members who declined to register to vote under such
sections.''.
(b) Comptroller General Reviews.--Section 105A of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4a) is amended
by redesignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following new subsection:
``(c) Comptroller General Reviews.--
``(1) In general.--
``(A) Review.--The Comptroller General shall
conduct a review of any reports submitted by the
Presidential designee under subsection (b) with respect
to elections occurring in calendar years 2014 through
2020.
``(B) Report.--Not later than 180 days after a
report is submitted by the Presidential designee under
subsection (b), the Comptroller General shall submit to
the relevant committees of Congress a report containing
the results of the review conducted under subparagraph
(A).
``(2) Matters reviewed.--A review conducted under paragraph
(1) shall assess--
``(A) the methodology used by the Presidential
designee to prepare the report and to develop the data
presented in the report, including the approach for
designing, implementing, and analyzing the results of
any surveys,
``(B) the effectiveness of any voting assistance
covered in the report provided under subsection (b) and
provided by the Presidential designee to absent
overseas uniformed services voters and overseas voters
who are not members of the uniformed services,
including an assessment of--
``(i) any steps taken toward improving the
implementation of such voting assistance; and
``(ii) the extent of collaboration between
the Presidential designee and the States in
providing such voting assistance; and
``(C) any other information the Comptroller General
considers relevant to the review.''.
(c) Conforming Amendments.--
(1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is
amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) through (11) as
paragraphs (6) through (10), respectively.
(2) Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is
amended--
(A) in paragraph (5), by striking ``101(b)(7)'' and
inserting ``101(b)(6)''; and
(B) in paragraph (11), by striking ``101(b)(11)''
and inserting ``101(b)(10)''.
(3) Section 105A(b) of such Act (42 U.S.C. 1973ff-4a(b)) is
amended--
(A) by striking ``Annual Report'' in the subsection
heading and inserting ``Biennial Report''; and
(B) by striking ``In the case of'' in paragraph (3)
and all that follows through ``a description'' and
inserting ``A description''.
(d) Effective Date.--The amendments made by this section shall
apply to reports required to be issued after the date of the enactment
of this Act.
SEC. 108. EFFECTIVE DATE.
Except as provided in section 107(d), the amendments made by this
title shall take effect on January 1, 2015.
TITLE II--PROVISION OF VOTER ASSISTANCE TO MEMBERS OF THE ARMED FORCES
SEC. 201. PROVISION OF ANNUAL VOTER ASSISTANCE.
(a) Annual Voter Assistance.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1566a the following
new section:
``Sec. 1566b. Annual voter assistance
``(a) In General.--The Secretary of Defense shall carry out the
following activities:
``(1) In coordination with the Secretary of each military
department--
``(A) affirmatively offer, on an annual basis, each
member of the armed forces on active duty (other than
active duty for training) the opportunity, through the
online system developed under paragraph (2), to--
``(i) register to vote in an election for
Federal office;
``(ii) update the member's voter
registration information; or
``(iii) request an absentee ballot;
``(B) provide services to such members for the
purpose of carrying out the activities in clauses (i),
(ii), and (iii) of subparagraph (A); and
``(C) require any such member who declines the
offer for voter assistance under subparagraph (A) to
indicate and record that decision.
``(2) Implement an online system that, to the extent
practicable, is integrated with the existing systems of each of
the military departments and that--
``(A) provides an electronic means for carrying out
the requirements of paragraph (1);
``(B) in the case of an individual registering to
vote in a State that accepts electronic voter
registration and operates its own electronic voter
registration system using a form that meets the
requirements for mail voter registration forms under
section 9(b) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-7(b)), directs such individual
to that system; and
``(C) in the case of an individual using the
official postcard form prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) to
register to vote and request an absentee ballot--
``(i) pre-populates such official postcard
form with the personal information of such
individual, and
``(ii)(I) produces the pre-populated form
and a pre-addressed envelope for use in
transmitting such official postcard form; or
``(II) transmits the completed official
postcard form electronically to the appropriate
State or local election officials.
``(3) Implement a system (either independently or in
conjunction with the online system under paragraph (2)) by
which any change of address by a member of the armed forces on
active duty who is undergoing a permanent change of station,
deploying overseas for at least six months, or returning from
an overseas deployment of at least six months automatically
triggers a notification via electronic means to such member
that--
``(A) indicates that such member's voter
registration or absentee mailing address should be
updated with the appropriate State or local election
officials; and
``(B) includes instructions on how to update such
voter registration using the online system developed
under paragraph (2).
``(b) Data Collection.--The online system developed under
subsection (a)(2) shall collect and store all data required to meet the
reporting requirements of section 201(b) of the Safeguarding Elections
for our Nation's Troops through Reforms and Improvements (SENTRI) Act
and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-4a(b)(2)) in a manner that complies with
section 552a of title 5, United States Code, (commonly known as the
Privacy Act of 1974) and imposes no new record management burden on any
military unit or military installation.
``(c) Timing of Voter Assistance.--To the extent practicable, the
voter assistance under subsection (a)(1) shall be offered as a part of
each servicemember's annual training.
``(d) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Defense shall prescribe
regulations implementing the requirements of subsection (a). Such
regulations shall include procedures to inform those members of the
armed forces on active duty (other than active duty for training)
experiencing a change of address about the benefits of this section and
the timeframe for requesting an absentee ballot to ensure sufficient
time for State delivery of the ballot.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by inserting
after the item relating to section 1566a the following new
item:
``1566b. Annual voter assistance.''.
(b) Report on Status of Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the relevant committees of Congress a report on the
status of the implementation of the requirements of section
1566b of title 10, United States Code, as added by subsection
(a)(1).
(2) Elements.--The report under paragraph (1) shall
include--
(A) a detailed description of any specific steps
already taken towards the implementation of the
requirements of such section 1566b;
(B) a detailed plan for the implementation of such
requirements, including milestones and deadlines for
the completion of such implementation;
(C) the costs expected to be incurred in the
implementation of such requirements;
(D) a description of how the annual voting
assistance and system under subsection (a)(3) of such
section will be integrated with Department of Defense
personnel databases that track military servicemembers'
address changes;
(E) an estimate of how long it will take an average
member to complete the voter assistance process
required under subsection (a)(1) of such section;
(F) an explanation of how the Secretary of Defense
will collect reliable data on the utilization of the
online system under subsection (a)(2) of such section;
and
(G) a summary of any objections, concerns, or
comments made by State or local election officials
regarding the implementation of such section.
(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.
TITLE III--ELECTRONIC VOTING SYSTEMS
SEC. 301. REPEAL OF ELECTRONIC VOTING DEMONSTRATION PROJECT.
Section 1604 of the National Defense Authorization Act for Fiscal
Year 2002 (42 U.S.C. 1973ff note) is repealed.
Calendar No. 355
113th CONGRESS
2d Session
S. 1728
_______________________________________________________________________
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
improve ballot accessibility to uniformed services voters and overseas
voters, and for other purposes.
_______________________________________________________________________
April 10, 2014
Reported with an amendment