Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	6,718	n/a	n/a
Reported in Senate	11,468	271 Show Changes Hide Changes	48%

Display Version Introduced in Senate Reported in Senate

S 1415 ISRSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1415CommentsClose CommentsPermalink

To amend the Uniformed and Overseas Citizens Absentee Voting Act to ensure that absent uniformed services voters and overseas voters are aware of their voting rights and have a genuine opportunity to register to vote and have their absentee ballots cast and counted, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

July 8, 2009CommentsClose CommentsPermalink

Mr. SCHUMER (for himself, Mr. CHAMBLISS, and Mr. NELSON of Nebraska, Mr. ISAKSON, Ms. CANTWELL, Mrs. SHAHEEN, Mr. BURRIS, Mr. VITTER, Mr. CASEY, Mr. PRYOR, Mr. BYRD, Mr. BENNETT, Mr. UDALL of New Mexico, Mr. INOUYE, Mrs. FEINSTEIN, Mr. DURBIN, Mrs. MURRAY, Mr. WARNER, Mrs. HUTCHISON, Mr. ALEXANDER, Mr. CORNYN, Mr. CONRAD, Mr. BROWNBACK, Mr. SPECTER, Mr. WICKER, Mr. BURR, Mr. LIEBERMAN, Mr. ROBERTS, Mr. RISCH, Mrs. LINCOLN, Mr. THUNE, and Mr. BOND) introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Uniformed and Overseas Citizens Absentee Voting Act to ensure that absent uniformed services voters and overseas voters are aware of their voting rights and have a genuine opportunity to register to vote and have their absentee ballots cast and counted, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Military and Overseas Voter Empowerment Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) The right to vote is a fundamental right.CommentsClose CommentsPermalink





(2) Due to logistical, geographical, operational and environmental barriers, military and overseas voters are burdened by many obstacles that impact their right to vote and register to vote, the most critical of which include problems transmitting balloting materials and not being given enough time to vote.CommentsClose CommentsPermalink





(3) States play an essential role in facilitating the ability of military and overseas voters to register to vote and have their ballots cast and counted, especially with respect to timing and improvement of absentee voter registration and absentee ballot procedures.CommentsClose CommentsPermalink





(4) The Department of Defense educates military and overseas voters of their rights under the Uniformed and Overseas Citizens Absentee Voting Act and plays an indispensable role in facilitating the procedural channels that allow military and overseas voters to have their votes count.CommentsClose CommentsPermalink





(5) The local, State, and Federal Government entities involved with getting ballots to military and overseas voters must work in conjunction to provide voter registration services and balloting materials in a secure and expeditious manner.CommentsClose CommentsPermalink

SEC. 3. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES.

SEC. [Struck out->]3[<-Struck out] 4. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE BALLOT APPLICATIONS [Struck out->][<-Struck out] [Struck out->]BY MAIL, ELECTRONICALLY, AND BY FACSIMILE[<-Struck out] BY MAIL OR ELECTRONICALLY.

(a) In General- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures--CommentsClose CommentsPermalink





‘(A) for absent uniformed services voters and overseas voters to request [Struck out->]by mail, electronically, and by facsimile[<-Struck out] by mail or electronically voter registration applications and absentee ballot applications with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (e);CommentsClose CommentsPermalink





‘(B) for States to send [Struck out->]by mail, electronically, and by facsimile[<-Struck out] by mail or electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (e); andCommentsClose CommentsPermalink





‘(C) by which the absent uniformed services voter or overseas voter can designate whether they prefer for such voter registration application or absentee ballot application to be transmitted [Struck out->]by mail, electronically, or by facsimile.[<-Struck out] by mail or electronically.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Designation of Email Address and Facsimile NumberMeans of Electronic Communication for Absent Uniformed Services Voters and Overseas Voters Tto Request and for States Tto Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication (such as an email address and not less than 1 facsimile number, Internet website, or facsimile)-- CommentsClose CommentsPermalink





‘(A) for use by absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(6);CommentsClose CommentsPermalink





‘(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; andCommentsClose CommentsPermalink





‘(C) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters.CommentsClose CommentsPermalink





‘(2) CLARIFICATION REGARDING PROVISION OF MULTIPLE MEANS OF ELECTRONIC COMMUNICATION- A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means of electronic communication for the appropriate jurisdiction of the State. CommentsClose CommentsPermalink





‘(3) INCLUSION OF DESIGNATED EMAIL ADDRESSMEANS OF ELECTRONIC COMMUNICATION WITH INFORMATIONAL AND FACSIMILE NUMBER ON BALLOTINGINSTRUCTIONAL MATERIALS AND RELATED COMMUNICATIONTHAT ACCOMPANY BALLOTING MATERIALS- Each State shall include an email address and facsimile number means of electronic communication so designated onwith all informational and instructional materials that accompany balloting materials and related communications sent by the State to absent uniformed services voters and overseas voters. CommentsClose CommentsPermalink





‘(3 [Struck out->](3)[<-Struck out] (4) AVAILABILITY AND MAINTENANCE OF ONLINE REPOSITORY OF STATE CONTACT INFORMATION- The Federal Voting Assistance Program of the Department of Defense shall maintain and make available to the public an online repository of State contact information with respect to elections for Federal office, including the single State office designated under subsection (b) and the [Struck out->]email address and facsimile number[<-Struck out] means of electronic communication designated under paragraph (1), to be used by absent uniformed services voters and overseas voters as a resource to send voter registration applications and absentee ballot applications to the appropriate jurisdiction in the State.CommentsClose CommentsPermalink





‘(4) [Struck out->](4)[<-Struck out] (5) TRANSMISSION IF NO PREFERENCE INDICATED- In the case where an absent uniformed services voter or overseas voter does not designate a preference under subsection (a)(6)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.CommentsClose CommentsPermalink





‘(5)6) SECURITY AND PRIVACY PROTECTIONS- CommentsClose CommentsPermalink





The procedures ‘(A) SECURITY PROTECTIONS- To the extent practicable, States shall ensure that the procedures established under subsection (a)(6) protect the security and integrity of the voter registration and absentee ballot application request processes. CommentsClose CommentsPermalink





‘(B) PRIVACY PROTECTIONS- To the extent practicable, the procedures established under subsection (a)(6) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter who requests or is sent a voter registration application or absentee ballot application under such subsection is protected throughout the process of making such request or being sent such application.’. CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by 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.CommentsClose CommentsPermalink

SEC. 4 [Struck out->][<-Struck out] 5. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK ABSENTEE BALLOTS BY [Struck out->]MAIL, ONLINE, AND BY FACSIMILE[<-Struck out] MAIL AND ELECTRONICALLY TO ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.

(a) In General- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 3 [Struck out->]3[<-Struck out] 4, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (5), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (6), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(7) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting [Struck out->]by mail, electronically, and by facsimile[<-Struck out] by mail and electronically blank absentee ballots to absent uniformed services voters and overseas voters with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (f).’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Transmission of Blank Absentee Ballots by [Struck out->]Mail, Online, and by Facsimile[<-Struck out] mail and Electronically-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State shall establish procedures--CommentsClose CommentsPermalink





‘(A) to transmit blank absentee ballots by [Struck out->]mail, electronically, and by facsimile[<-Struck out] mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (B)) to absent uniformed services voters and overseas voters for an election for Federal office; andCommentsClose CommentsPermalink





‘(B) by which the absent uniformed services voter or overseas voter can designate whether they prefer for such blank absentee ballot to be transmitted [Struck out->]by mail, electronically, or by facsimile[<-Struck out] by mail and electronically.CommentsClose CommentsPermalink





‘(2) TRANSMISSION IF NO PREFERENCE INDICATED- In the case where an absent uniformed services voter or overseas voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.CommentsClose CommentsPermalink





‘(3) SECURITY AND PRIVACY PROTECTIONS- CommentsClose CommentsPermalink





The procedures ‘(A) SECURITY PROTECTIONS- To the extent practicable, States shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots. CommentsClose CommentsPermalink





‘(B) PRIVACY PROTECTIONS- To the extent practicable, the procedures established under subsection (a)(7) shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission.’. CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by 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.CommentsClose CommentsPermalink

SEC. 5 [Struck out->]5[<-Struck out] 6. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS HAVE TIME TO VOTE.

(a) In General- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 4(a)(1)), as amended by section 5, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in paragraph (6), by striking ‘and’ at the end;

(B) in paragraph (7), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following new paragraphs:

‘(8)1), by inserting ‘and, except as provided in subsection (g), transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter--‘(A)s to such voters, in the case where the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and‘(B)’ before the semicolon at the end; CommentsClose CommentsPermalink




(B) in paragraph (6), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(C) in paragraph (7), by striking the period at the end and inserting a semicolon; and CommentsClose CommentsPermalink





(D) by adding at the end the following new paragraph: CommentsClose CommentsPermalink





‘(8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter, in the case where the request is received less than 45 days before an election for Federal office-- CommentsClose CommentsPermalink





‘(iA) in accordance with State law; and CommentsClose CommentsPermalink





‘(iiB) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and

‘(9) except as provided in subsection (g), accept and count a marked absentee ballot of an absent uniformed services voter or overseas voter that is postmarked or otherwise officially dated on or before the election for Federal office involved if the marked absentee ballot is received by the State on or before the later of--

‘(A) the date that is 55 days after the date on which a validly requested absentee ballot is required to be transmitted under paragraph (8)(A); or

‘(B) the date on which the State certifies the election.’; and

.’. CommentsClose CommentsPermalink




(2) by adding at the end the following new subsection: CommentsClose CommentsPermalink





‘(g) Exemption of Certain States From Certain Time RequirementsHardship Exemption- CommentsClose CommentsPermalink





‘(1) IN GENERAL- A State is not required to comply with the requirements of paragraphs (8) and (9) of subsection (a) if, on and after the date of enactment of this subsection, the State has in effect a law providing that a State absentee ballot is required to be available to any absent uniformed services voter or overseas voter not later than 55 days before the election for Federal office involved (determined beginning on the date on which the State transmits a blank absentee ballot to an absent uniformed services voter or overseas voter and ending on the deadline of the State for receipt of such application).

‘(2) HARDSHIP EXEMPTION-

‘(A) IN GENERAL- If the chief State election official determines that the State is unable to meet the requirements under such paragraphs under subsection (a)(1) with respect to an election for Federal office due to an undue hardship described in subparagraph (B)(iiparagraph (2)(B), the chief State election official shall request that the Presidential designee grant a waiver to the State of the application of such paragraphssubsection. Such request shall include-- CommentsClose CommentsPermalink




‘(iA) a recognition that the purpose of such paragraphssubsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office; CommentsClose CommentsPermalink





‘(iiB) an explanation of the hardship that indicates why the State is unable to transmit absent uniformed services voters and overseas voters an absentee ballot in accordance with such paragraphs;‘(iiisubsection; CommentsClose CommentsPermalink





‘(C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to absent uniformed services voters and overseas voters; and CommentsClose CommentsPermalink





‘(ivD) a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes-- CommentsClose CommentsPermalink





‘(Ii) the steps the State will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; CommentsClose CommentsPermalink





‘(IIii) why the plan provides absent uniformed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such paragraphs; and‘(IIIsubsection; and CommentsClose CommentsPermalink





‘(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. CommentsClose CommentsPermalink





‘(B2) APPROVAL OF WAIVER REQUEST- TAfter consulting with the Attorney General, the Presidential designee shall approve a waiver request under subparagraph (A) paragraph (1) if the Presidential designee determines each of the following requirements are met: CommentsClose CommentsPermalink





‘(iA) The comprehensive plan under clause (iv) of such subparagraph (D) of such paragraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. CommentsClose CommentsPermalink





‘(iiB) One or more of the following issues creates an undue hardship for the State: CommentsClose CommentsPermalink





‘(Ii) The State’s primary election date prohibits the State from complying with such paragraphs (8) and (9).‘(IIbsection (a)(1). CommentsClose CommentsPermalink





‘(ii) The State has suffered a delay in generating ballots due to a legal contest with respect to a primary election.‘(III. CommentsClose CommentsPermalink





‘(iii) The State Constitution prohibits the State from complying with such paragraphs.‘(C) subsection. CommentsClose CommentsPermalink





‘(3) TIMING OF WAIVER- CommentsClose CommentsPermalink





‘(iA) IN GENERAL- Except as provided under clause (ii), a State that requests a waiver under subparagraph (AB), a State that requests a waiver under paragraph (1) shall submit to the Presidential designee the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Presidential designee shall approve or deny the waiver request not later than 65 days before such election. CommentsClose CommentsPermalink





‘(iiB) EXCEPTION- If a State requests a waiver under subparagraph (Aparagraph (1) as the result of an undue hardship described in subparagraph (B)(ii)(IIparagraph (2)(B)(ii), the State shall submit to the Presidential designee the written waiver request as soon as practicable. The Presidential designee shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. CommentsClose CommentsPermalink





‘(D4) APPLICATION OF WAIVER- A waiver approved under subparagraph (Bparagraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted a request under subparagraph (Aparagraph (1) with respect to such election.’. CommentsClose CommentsPermalink





(b) Runoff Elections- Section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by subsection (a), is amended-- CommentsClose CommentsPermalink





(1) in paragraph (87), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(2) in paragraph (9), by striking the period at the end and inserting 8), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph: CommentsClose CommentsPermalink





‘(109) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner that gives them sufficient time to vote in the runoff election.’. CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by 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. CommentsClose CommentsPermalink

SEC. 7. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

(a) In General- The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section: CommentsClose CommentsPermalink

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

‘(a) CollectionEstablishment of Procedures- 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 thsuch marked absentee ballots to the appropriate State election officials. CommentsClose CommentsPermalink





‘(b) Utilization of Express Mail Delivery ServicesDelivery to Local Election Officials- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Under the procedures established under this section, the Presidential designee, working in conjunc shall implement procedures that facilitate the delivery of marked absentee ballots of absent uniformed services voters for regularly scheduled general elections for Federal office to the appropriate State election officials in accordance with this section. CommentsClose CommentsPermalink





‘(2) COOPERATION AND COORDINATION WITH THE UNITED STATES POSTAL SERVICE- The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, shall implement procedures that provide absent uniformed services voters access to expressand shall provide expedited mail delivery service for the purpose of mailing marked absentee ballots to the appropriate State election official. Such procedures shall ensure that the following requirementsall such marked absentee ballots of absent uniformed services voters that are met:‘(1) collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service. CommentsClose CommentsPermalink





‘(3) DEADLINE DESCRIBED- CommentsClose CommentsPermalink





‘(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 seventh day preceding the date of the regularly scheduled general election for Federal office. CommentsClose CommentsPermalink





‘(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 provide timely delivery of the ballot under paragraph (1). CommentsClose CommentsPermalink





‘(4) NO POSTAGE REQUIREMENT- In accordance withsection 3406 of title 39, United States Code, such marked absentee ballots and other balloting materials arshall be carried free of postage. CommentsClose CommentsPermalink





‘(25) DATE OF MAILING- Such marked absentee ballots arshall be postmarked with a record of the date on which the ballot is mailed. CommentsClose CommentsPermalink





‘(c) Absent Overseas Uniformed 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 pursuant to this section. CommentsClose CommentsPermalink





‘(d) Reports on Utilization of Procedures- CommentsClose CommentsPermalink





‘(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 election. CommentsClose CommentsPermalink





‘(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 such ballots were not so delivered). CommentsClose CommentsPermalink





‘(3) RELEVANT COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘relevant committees of Congress’ means-- CommentsClose CommentsPermalink





‘(A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and CommentsClose CommentsPermalink





‘(B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. CommentsClose CommentsPermalink





‘(e) 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). CommentsClose CommentsPermalink





‘(f) Authorization of Appropriations- There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section.’. CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended-- CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (6); CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (7) and inserting ‘; and’; and CommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph: CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(c) State Responsibilities- Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 6, is amended-- CommentsClose CommentsPermalink





(1) in paragraph (8), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(2) in paragraph (9), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





(3) by adding the following new paragraph: CommentsClose CommentsPermalink





‘(10) carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.’. CommentsClose CommentsPermalink





(d) Tracking Marked Ballots- Section 102 of the Uniformed and Overseas Citizens Absentee Votingsuch Act (42 U.S.C. 1973ff-1(a)), as amended by section 56, is amended by adding at the end the following new subsection: CommentsClose CommentsPermalink





‘(h) Tracking Marked Ballots- The chief State election official, in coordination with local election jurisdictions, shall develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the absent uniformed services voter or overseas voter has been received by the appropriate State election official.’. CommentsClose CommentsPermalink





(de) Report on Status of Implementation- CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)) shall submit to the relevant committees of Congress a report on the status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under section 103A of such Act, as added by subsection (a). CommentsClose CommentsPermalink





(2) ELEMENTS- The report under paragraph (1) shall include a status of the implementation of such procedures and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for Federal office held in November 2010. CommentsClose CommentsPermalink





(3) RELEVANT COMMITTEES OF CONGRESS DEFINED- In this subsection, the term ‘relevant committees of Congress’ has the meaning given such term in section 103A(d)(3) of the Uniformed and Overseas Citizens Absentee Voting Act, as added by subsection (a). CommentsClose CommentsPermalink





(f) Protecting Voter Privacy and Secrecy of Absentee Ballots- Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended-- CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (7); CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (8) and inserting ‘; and’; and CommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph: CommentsClose CommentsPermalink





‘(9) to the greatest extent practicable, take such actions as may be necessary-- CommentsClose CommentsPermalink





‘(A) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and CommentsClose CommentsPermalink





‘(B) to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee.’. CommentsClose CommentsPermalink





(g) Effective Date- The amendments made by 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. CommentsClose CommentsPermalink

SEC. 7 [Struck out->]7[<-Struck out] 8. FEDERAL WRITE-IN ABSENTEE BALLOT.

(a) Use in General, Special, Primary, and Runoff Elections for Federal Office-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘general elections for Federal office’ and inserting ‘general, special, primary, and runoff elections for Federal office’;CommentsClose CommentsPermalink





(B) in subsection (e), in the matter preceding paragraph (1), by striking ‘a general election’ and inserting ‘a general, special, primary, or runoff election for Federal office’; andCommentsClose CommentsPermalink





(C) in subsection (f), by striking ‘the general election’ each place it appears and inserting ‘the general, special, primary, or runoff election for Federal office’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by this subsection shall take effect on December 31, 2010, and apply with respect to elections for Federal office held on or after such date.CommentsClose CommentsPermalink





(b) Promotion and Expansion of Use- Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--CommentsClose CommentsPermalink





(1) by striking ‘General- The Presidential’ and inserting ‘General-CommentsClose CommentsPermalink





‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT- The Presidential’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) PROMOTION AND EXPANSION OF USE OF FEDERAL WRITE-IN ABSENTEE BALLOTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than December 31, 2011, the Presidential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office.CommentsClose CommentsPermalink





‘(B) USE OF TECHNOLOGY- Under such procedures, the Presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may--CommentsClose CommentsPermalink





‘(i) enter the address of the voter or other information relevant in the appropriate jurisdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that jurisdiction; andCommentsClose CommentsPermalink





‘(ii) submit the marked Federal write-in absentee ballot by printing the ballot (including complete instructions for submitting the marked Federal write-in absentee ballot to the appropriate State election official and the mailing address of the single State office designated under section 102(b)).’.CommentsClose CommentsPermalink

SEC. 8 [Struck out->]8[<-Struck out] 9. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE BALLOT APPLICATIONS, MARKED ABSENTEE BALLOTS, AND FEDERAL WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET TECHNICAL [Struck out->]TECHNICAL[<-Struck out] CERTAIN REQUIREMENTS.

(a) Voter Registration and Absentee Ballot Applications- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 6 [Struck out->]6[<-Struck out] 7, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(i) Prohibiting Refusal To Accept Applications for Failure To Meet Technical [Struck out->]Technical[<-Struck out] certain Requirements- A State shall not refuse to accept and process any otherwise valid voter registration application or absentee ballot application (including the official post card form prescribed under section 101) or marked absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:CommentsClose CommentsPermalink





‘(1) Notarization requirements.CommentsClose CommentsPermalink





‘(2) Restrictions on paper type, including weight and size.CommentsClose CommentsPermalink





‘(3) Restrictions on envelope type, including weight and size.’.CommentsClose CommentsPermalink





(b) Federal Write-In Absentee Ballot- Section 103 of such Act (42 U.S.C. 1973ff-2) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink





‘(f) Prohibiting Refusal To Accept Ballot for Failure To Meet Technical [Struck out->]Technical[<-Struck out] certain Requirements- A State shall not refuse to accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:CommentsClose CommentsPermalink





‘(1) Notarization requirements.CommentsClose CommentsPermalink





‘(2) Restrictions on paper type, including weight and size.CommentsClose CommentsPermalink





‘(3) Restrictions on envelope type, including weight and size.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by 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.CommentsClose CommentsPermalink

SEC. 9 [Struck out->]9[<-Struck out] 10. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

(a) Federal Voting Assistance Program Improvements-CommentsClose CommentsPermalink





(1) IN GENERAL- The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1397 [Struck out->]1397[<-Struck out] 1973ff et seq.), as amended by section 6, is amended by inserting [Struck out->]6[<-Struck out] 7, is amended by inserting after section 103A the following new section:CommentsClose CommentsPermalink

‘SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

‘(a) In General- The Presidential designee shall develop standards for training, supporting, and emphasizing Voting Assistance Officers under the Federal Voting Assistance Program of the Department of Defense--

‘(1) for all members of the uniformed services; and

‘(2) on all installations and facilities of the uniformed services in the United States and overseas.

‘(b) Duties- The Presidential designee shall carry out the following duties: CommentsClose CommentsPermalink





‘(1) Assign Senior Voting Assistance Officers as follows:

‘(A)(i) Assign 1 Senior Voting Assistance Officer on each installation or facility and in each organization of the uniformed services, at the 0-6 level, to coordinate the programs conducted by subordinate units and tenant commands.

‘(ii) To the extent practicable, subject to clause (iii), an individual assigned under this subparagraph as the Senior Voting Assistance Officer on an installation or facility or in an organization shall be an employee in a position at GS-12 or higher of the General Schedule, or, if a member of a uniformed service is so assigned, the member shall be in a pay grade of O-4 or higher.

‘(iii) In the case where the number of individuals on the installation or facility or in the organization at the 0-6 level is less than 50, the Senior Voting Assistance Officer shall be assigned at the next highest level that has at least 50 individual assigned to it.

‘(iv) To the extent practicable, each individual assigned under this subparagraph shall notify individuals on the installation or facility or in the organization of the last date before a regularly scheduled general election for Federal office on which absentee ballots mailed from that installation, facility, or organization may reasonably be expected to be delivered in time to be counted in such election.

‘(B) Assign 1 Senior Voting Assistance Officer to each reserve component at its headquarters level.

‘(2) Designate and assign in writing 1 Voting Assistance Officer to each unit, installation, or facility of the uniformed services for every 50 members of a uniformed service permanently assigned to the unit, installation, or facility. A member of a uniformed service assigned under the preceding sentence shall hold a pay grade of not less than O-2 for officers or E-7 for enlisted personnel. Voting Assistance Officers assigned under this paragraph shall operate under the guidance of Senior Voting Assistance Officers assigned under paragraph (1).

‘(3) Ensure that Voting Assistance Officers are available and equipped to--

‘(A) personally assist absent uniformed services voters with respect to each election for Federal office; and

‘(B) ensure that any absent uniformed services voter who appears to need assistance in reading or understanding the English language on voter registration or voting materials receives immediate assistance with balloting materials in the appropriate language.

‘(4) Provide Voting Assistance Officers with time and resources needed to perform their voting assistance duties, especially during even-numbered years.

‘(5) Develop online portals of information for use by Voting Assistance Officers--

‘(A) for training purposes; and

‘(B) to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for Federal office. CommentsClose CommentsPermalink




‘(62) Establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the Federal postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for Federal office. CommentsClose CommentsPermalink





‘(7) Include, in the standard forms provided to a new member of the uniformed services during in-processing upon arrival at installations and bases of the uniformed services, information on voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters (including the official post card form prescribed under section 101).

‘(8) Provide clear written notice and instructions for the absent uniformed services voter to change their address by submitting the official post card form prescribed under section 101 to the appropriate State election official.

‘(93) Not later than December 31 of each year, transmit to the President and to Congress a report on the effectiveness of activities carried out under this section, including the activities and actions of the Federal Voting Assistance Program of the Department of Defense, a separate assessment of voter registration and participation by absent uniformed overseas voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, and a description of the cooperation between the States and the Federal Government in carrying out this section. CommentsClose CommentsPermalink




‘(c) b) Assessment of Effectiveness of Voting Assistance Officer Program- Not later than 90 days after the date of enactment of this subsection, the Presidential designee shall submit to Congress a report containing the following: CommentsClose CommentsPermalink





‘(1) A thorough and complete assessment of whether the Voting Assistance Officer Program of the Department of Defense, as configured and implemented as of such date of enactment, is effectively assisting members of the Armed Forces in exercising their right to vote. CommentsClose CommentsPermalink





‘(2) An inventory and explanation of any areas of voter assistance in which such Program has failed to accomplish its stated objectives and effectively assist members of the Armed Forces in exercising their right to vote. CommentsClose CommentsPermalink





‘(3) A detailed plan for the implementation of a new program to replace such Program and supplement, as needed, voter assistance activities required to be performed under this section. CommentsClose CommentsPermalink





‘(c) Clarification Regarding Other Duties and Obligations- Nothing in this section shall relieve the Presidential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000.04 (or any successor directive or regulation) that is not inconsistent or contradictory to the provisions of this section.CommentsClose CommentsPermalink





‘(d) Authorization of Appropriations- There are authorized to be appropriated to the Federal Voting Assistance Program of the Department of Defense (or a successor program) such sums as are necessary for purposes of carrying out this section.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Section 101 of such Act (42 U.S.C. 1973ff), as amended by section 6 [Struck out->]6[<-Struck out] 7, is amended--CommentsClose CommentsPermalink





(A) in subparagraph (b)--CommentsClose CommentsPermalink





(i) by striking ‘and’ at the end of paragraph (7 [Struck out->](7)[<-Struck out] (8);CommentsClose CommentsPermalink





(ii) by striking the period at the end of paragraph (8 [Struck out->](8)[<-Struck out] (9) and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(9 [Struck out->](9)[<-Struck out] (10) carry out section 103B with respect to Federal Voting Assistance Program Improvements.’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Authorization of Appropriations for Carrying Out Federal Voting Assistance Program Improvements- There are authorized to be appropriated to the Presidential designee such sums as are necessary for purposes of carrying out subsection (b)(9 [Struck out->](9)[<-Struck out] (10).’.CommentsClose CommentsPermalink





(b) Treatment of Military Pay, Personnel, and Identification Offices and Certain Other Offices as Voter Registration Agenciessistance for Absent Uniformed Services Voters- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 89, is amended by adding at the end the following new subsection: CommentsClose CommentsPermalink





‘(j) Treatment of Military Pay, Personnel, and Identification Offices and Certain Offices as Voter Registration Agenciessistance for Absent Uniformed Services Voters- CommentsClose CommentsPermalink





‘(1) DESIGNATING AN OFFICE AS A VOTER REGISTRATION AGENCY ON EACH INSTALLATION OF THE ARMED FORCES- Not later than 180 days after the date of enactment of this subsection, each Secretary of a military department shall take appropriate actions to designate an office on each installation of the Armed Forces under the jurisdiction of such Secretary (excluding any installation in a theater of combat), consistent across every installation of the department of the Secretary concerned, to provide each individual described in paragraph (3)-- CommentsClose CommentsPermalink





‘(A) written information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101); CommentsClose CommentsPermalink





‘(B) the opportunity to register to vote in an election for Federal office; CommentsClose CommentsPermalink





‘(C) the opportunity to update the individual’s voter registration information, including clear written notice and instructions for the absent uniformed services voter to change their address by submitting the official post card form prescribed under section 101 to the appropriate State election official; and CommentsClose CommentsPermalink





‘(D) the opportunity to request an absentee ballot under this Act. CommentsClose CommentsPermalink





‘(2) DEVELOPMENT OF PROCEDURES- Each Secretary of a military department shall develop, in consultation with each State and the Presidential designee, the procedures necessary to provide the assistance described in paragraph (1). CommentsClose CommentsPermalink





‘(3) INDIVIDUALS DESCRIBED- The following individuals are described in this paragraph: CommentsClose CommentsPermalink





‘(A) An absent uniformed services voter-- CommentsClose CommentsPermalink





‘(i) who is undergoing a permanent change of duty station; CommentsClose CommentsPermalink





‘(ii) who is deploying overseas for at least 6 months; CommentsClose CommentsPermalink





‘(iii) who is or returning from an overseas deployment of at least 6 months; or CommentsClose CommentsPermalink





‘(iv) who at any time requests assistance related to voter registration. CommentsClose CommentsPermalink





‘(B) All other absent uniformed services voters (as defined in section 107(1)). CommentsClose CommentsPermalink





‘(4) TIMING OF PROVISION OF ASSISTANCE- The assistance described in paragraph (1) shall be provided to an absent uniformed services voter-- CommentsClose CommentsPermalink





‘(A) described in clause (i) of paragraph (3)(A), as part of the administrative in-processing of the member upon arrival at the new duty station of the absent uniformed services voter; CommentsClose CommentsPermalink





‘(B) described in clause (ii) of such paragraph, as part of the administrative in-processing of the member upon deployment from the home duty station of the absent uniformed services voter; CommentsClose CommentsPermalink





‘(C) described in clause (iii) of such paragraph, as part of the administrative in-processing of the member upon return to the home duty station of the absent uniformed services voter; CommentsClose CommentsPermalink





‘(D) described in clause (iv) of such paragraph, at any time the absent uniformed services voter requests such assistance; and CommentsClose CommentsPermalink





‘(E) described in paragraph (3)(B), at any time the absent uniformed services voter requests such assistance. CommentsClose CommentsPermalink





‘(5) PAY, PERSONNEL, AND IDENTIFICATION OFFICES OF THE DEPARTMENT OF DEFENSE- Each State and tThe Secretary of Defense shall jointly develop and implement procedures for persons to apply to register to vote atmay designate pay, personnel, and identification offices of the Department of Defense. A pay, personnel, or identification office of the Department of Defense for persons to apply to register to vote, update the individual’s voter registration information, and request an absentee ballot under this Act. CommentsClose CommentsPermalink





‘(6) TREATMENT OF OFFICES DESIGNATED AS VOTER REGISTRATION AGENCIES- An office designated under paragraph (1) or (5) shall be considered to be a voter registration agency designated under section 7(a)(2) of the National Voter Registration Act of 1993 for all purposes of such Act. CommentsClose CommentsPermalink





‘(2) DESIGNATION OF CERTAIN OFFICES AT THE INSTALLATION LEVEL-‘(A) IN GENERAL- A Secretary of a7) OUTREACH TO ABSENT UNIFORMED SERVICES VOTERS- The Secretary of each military department or the Presidential designee shall take appropriate actions to inform absent uniformed services voters of the assistance available under this subsection including-- CommentsClose CommentsPermalink





‘(A) the availability of voter registration assistance at offices designated under paragraphs (1) and (5); and CommentsClose CommentsPermalink





‘(B) the time, location, and manner in which an absent uniformed voter may designate an office at the installation level, consistent across every installation of the department of the Secretary concerned, to serve as autilize such assistance. CommentsClose CommentsPermalink





‘(8) REPORTS- CommentsClose CommentsPermalink





‘(A) REPORT ON STATUS OF IMPLEMENTATION- CommentsClose CommentsPermalink





‘(i) REPORT REQUIRED- Not later than 180 days after the date of enactment of this subsection, the Secretary of each military department or the Presidential designee shall submit to the relevant committees of Congress a report on the status of the implementation of this subsection. CommentsClose CommentsPermalink





‘(ii) ELEMENTS- The report under clause (i) shall include a detailed description of the specific steps taken towards the implementation of this subsection, including the designation of offices under paragraphs (1) and (5). CommentsClose CommentsPermalink





‘(B) REPORT ON UTILIZATION OF VOTER REGISTRATION ASSISTANCE- CommentsClose CommentsPermalink





‘(i) REPORTS REQUIRED- Not later than 1 year after the date of the enactment of this subsection, the Secretary of each military department or the Presidential designee shall submit to the relevant committees of Congress a report on the utilization of voter registration agency for that department. An office designated by the Secretary concerned under the preceding sentence shall be considered to be assistance provided under this subsection. CommentsClose CommentsPermalink





‘(ii) ELEMENTS- The report under clause (i) shall include-- CommentsClose CommentsPermalink





‘(I) a description of the specific programs implemented by each military department of the Armed Forces pursuant to this subsection; and CommentsClose CommentsPermalink





‘(II) the number of absent uniformed services voters who utilized voter registration agency designated under section 7(a)(2) of such Act for all purposes of such Act.‘(B) DEFINITION OFssistance provided under this section. CommentsClose CommentsPermalink





‘(9) DEFINITIONS- In this subsection: CommentsClose CommentsPermalink





‘(A) MILITARY DEPARTMENT AND SECRETARY CONCERNED- In this paragraph, tThe terms ‘military department’ and ‘Secretary concerned’ have the meaning given such terms in paragraphs (8) and (9), respectively, ofsection 101 of title 10, United States Code. CommentsClose CommentsPermalink





‘(3B) RELEVANT COMMITTEES OF CONGRESS- The term ‘relevant committees of Congress’ means-- CommentsClose CommentsPermalink





‘(i) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and CommentsClose CommentsPermalink





‘(ii) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. CommentsClose CommentsPermalink





‘(10) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection.’. CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by 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.CommentsClose CommentsPermalink

SEC. 10 [Struck out->]10[<-Struck out] 11. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING CERTAIN DATA.

(a) In General- Section 101(b) of such Act (42 U.S.C. 1973ff(b)), as amended by section 9 [Struck out->]9[<-Struck out] 10, is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (8 [Struck out->](8)[<-Struck out] (9);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (9 [Struck out->](9)[<-Struck out] (10) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(10 [Struck out->](10)[<-Struck out] (11) working with the Election Assistance Commission and the chief State election official of each State, develop standards--CommentsClose CommentsPermalink





‘(A) for States to report data on the number of absentee ballots transmitted and received under section 102(c) and such other data as the Presidential designee determines appropriate; andCommentsClose CommentsPermalink





‘(B) for the Presidential designee to store the data reported.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 5 [Struck out->]5[<-Struck out] 7, is amended--CommentsClose CommentsPermalink





(1) in paragraph (9), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (10), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(11) report data on the number of absentee ballots transmitted and received under section 102(c) and such other data as the Presidential designee determines appropriate in accordance with the standards developed by the Presidential designee under section 101(b)(10 [Struck out->](10)[<-Struck out] (11).’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by 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.CommentsClose CommentsPermalink

SEC. 112. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

SEC. [Struck out->]11[<-Struck out] 13. ANNUAL REPORT ON ENFORCEMENT.

Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973f-4) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Attorney’ and inserting ‘(a) In General- The Attorney’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(b) Report to Congress- Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under subsection (a) during the preceding year.’.CommentsClose CommentsPermalink

SEC. 12 [Struck out->]12[<-Struck out] 14. REQUIREMENTS PAYMENTS.

(a) Use of Funds- Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) ACTIVITIES UNDER UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT- A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 257(4) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.’.CommentsClose CommentsPermalink





(b) Requirements-CommentsClose CommentsPermalink





(1) STATE PLAN- Section 254 of the Help America Vote Act of 2002 (42 U.S.C. 15404) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘The State’ and inserting ‘Subject to subsection (c), the State’;CommentsClose CommentsPermalink





(B) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(C) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink





‘(c) State Plan for Certain Requirements Payments- [Struck out->]In the case of[<-Struck out] In the case ofwhere a State is seeking a requirements payment made using funds appropriated pursuant to the authorization under section 257(4), the State plan shall contain a description of how the State will use such requirements payment to meet the requirements under the Uniformed and Overseas Absentee Voting Act imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Section 253(b) of the Help America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (1)(A), by striking ‘section 254’ and inserting ‘subsection (a) of section 254 (or, in the case of [Struck out->]in the case of[<-Struck out] in the case where a State is seeking a requirements payment made using funds appropriated pursuant to the authorization under section 257(4), subsection (c) of such section)’; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by striking ‘(2) The State’ and inserting ‘(2)(A) Subject to subparagraph (B), the State’; andCommentsClose CommentsPermalink





(ii) by inserting after subparagraph (A), as added by clause (i), the following new subparagraph:CommentsClose CommentsPermalink





‘(B) The requirement under subparagraph (A) shall not apply in the case of a requirements payment made using funds appropriated pursuant to the authorization under section 257(4).’.CommentsClose CommentsPermalink





(c) Authorization- Section 257 of the Help America Vote Act of 2002 (42 U.S.C. 15407) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) For fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of making requirements payments to States to carry out the activities described in section 251(b)(3).’.CommentsClose CommentsPermalink

SEC. 13 [Struck out->]13[<-Struck out] 15. TECHNOLOGY PILOT PROGRAM.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) ABSENT UNIFORMED SERVICES VOTER- The term ‘absent uniformed services voter’ has the meaning given such term in section 107(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).CommentsClose CommentsPermalink





(2) OVERSEAS VOTER- The term ‘overseas voter’ has the meaning given such term in section 107(5) of such Act.CommentsClose CommentsPermalink





(3) PRESIDENTIAL DESIGNEE- The term ‘Presidential designee’ means the individual designated under section 101(a) of such Act.CommentsClose CommentsPermalink





(b) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).CommentsClose CommentsPermalink





(2) DESIGN AND CONDUCT- The design and conduct of a pilot program established under this subsection--CommentsClose CommentsPermalink





(A) shall be at the discretion of the Presidential designee; andCommentsClose CommentsPermalink





(B) shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office.CommentsClose CommentsPermalink





(c) Considerations- In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues:CommentsClose CommentsPermalink





(1) The transmission of electronic voting material across military networks.CommentsClose CommentsPermalink





(2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques.CommentsClose CommentsPermalink





(3) The transmission of ballot representations and scanned pictures in a secure manner.CommentsClose CommentsPermalink





(4) Capturing, retaining, and comparing electronic and physical ballot representations.CommentsClose CommentsPermalink





(5) Utilization of voting stations at military bases.CommentsClose CommentsPermalink





(6) Document delivery and upload systems.CommentsClose CommentsPermalink





(7) The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures.CommentsClose CommentsPermalink





(d) Reports- The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this subsection, together with recommendations--CommentsClose CommentsPermalink





(1) for the conduct of additional pilot programs under this section; andCommentsClose CommentsPermalink





(2) for such legislation and administrative action as the Presidential designee determines appropriate.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink