IIA

104TH CONGRESS

2D SESSION H. R. 3058

IN THE SENATE OF THE UNITED STATES

MAY 15, 1996

Received; read twice and referred to the Committee on Rules and

Administration

AN ACT

To amend the Uniformed and Overseas Citizens Absentee

Voting Act to extend the period for receipt of absentee

ballots, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Overseas Citizens Vot3 ing Rights Act of 1996’’.

4 SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE

5 BALLOTS.

6 Section 102 of the Uniformed and Overseas Citizens

7 Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—

8 (1) by striking out ‘‘and’’ at the end of para9 graph (2);

10 (2) by striking out the period at the end of

11 paragraph (3) and inserting in lieu thereof ‘‘; and’’;

12 and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(4) permit absentee ballots to be received at

16 least until the close of polls on election day.’’.

17 SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BAL18 LOT PROVISIONS TO SPECIAL, PRIMARY, AND

19 RUNOFF ELECTIONS.

20 (a) IN GENERAL.—Section 103(a) of the Uniformed

21 and Overseas Citizens Absentee Voting Act (42 U.S.C.

22 1973ff–2(a)) is amended—

23 (1) by inserting after ‘‘general’’ the following:

24 ‘‘, special, primary, and runoff’’; and

25 (2) by striking out ‘‘States,’’ and inserting in

26 lieu thereof ‘‘State’’.
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1 (b) SPECIAL RULES.—Section 103(c) of the Uni2 formed and Overseas Citizens Absentee Voting Act (42

3 U.S.C. 1973ff–2(c)) is amended—

4 (1) in paragraph (1), by inserting after ‘‘can5 didate or’’ the following: ‘‘, with respect to a general

6 or special election,’’; and

7 (2) in paragraph (2), by inserting after ‘‘can8 didate or’’ the following: ‘‘with respect to a general

9 election’’.

10 (c) USE OF APPROVED STATE ABSENTEE BALLOT IN

11 PLACE OF FEDERAL WRITE-IN ABSENTEE BALLOT.—

12 Section 103(e) of the Uniformed and Overseas Citizens

13 Absentee Voting Act (42 U.S.C. 1973ff–2(e)) is amended

14 by striking out ‘‘a general’’ and inserting in lieu thereof

15 ‘‘an’’.

16 (d) CERTAIN STATES EXEMPTED.—Section 103(f) of

17 the Uniformed and Overseas Citizens Absentee Voting Act

18 (42 U.S.C. 1973ff–2(f)) is amended by striking out ‘‘gen19 eral’’ each place it appears.

20 (e) EFFECTIVE DATE.—The amendments made by

21 this section shall apply with respect to elections taking

22 place after December 31, 1996.
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1 SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BAL2 LOTS.

3 (a) IN GENERAL.—Section 104 of the Uniformed and

4 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–

5 3) is amended—

6 (1) by striking out ‘‘and’’ at the end of para7 graph (8);

8 (2) by striking out the period at the end of

9 paragraph (9) and inserting in lieu thereof ‘‘; and’’;

10 and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(10) in consultation with the Presidential des14 ignee, consider means for providing for expeditious

15 methods for the return of absentee ballots, including

16 return by electronic transmittal, with maximum re17 gard for ballot secrecy, audit procedures, and other

18 considerations relating to the integrity of the elec19 tion process.’’.

20 (b) SECRECY AND VERIFICATION OF ELECTRONI21 CALLY TRANSMITTED BALLOTS.—Section 104 of the Uni22 formed and Overseas Citizens Absentee Voting Act (42

23 U.S.C. 1973ff–3) is amended—

24 (1) by striking out ‘‘To afford’’ and inserting in

25 lieu thereof ‘‘(a) IN GENERAL.—To afford’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) SECRECY AND VERIFICATION OF ELECTRONI4 CALLY TRANSMITTED BALLOTS.—No electronic transmit5 tal or related procedure under subsection (a)(10) that is

6 paid for, in whole or in part, with Federal funds may be

7 carried out in any manner that (1) permits any person

8 other than the voter to view a completed ballot, or (2) oth9 erwise compromises ballot secrecy. At the earliest possible

10 opportunity, the original of each completed ballot that is

11 transmitted electronically shall be submitted in a secrecy

12 envelope to the applicable location in the State involved.’’

13 SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATE14 RIALS.

15 (a) IN GENERAL.—The Uniformed and Overseas

16 Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.)

17 is amended by adding at the end the following new sec18 tions:

19 ‘‘SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MA20 TERIALS.

21 ‘‘(a) IN GENERAL.—Each State, in cooperation with

22 the Presidential designee, shall establish a system for elec23 tronic transmittal of balloting materials for overseas vot24 ers. The system shall provide for—
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1 ‘‘(1) electronic transmittal as an alternative

2 method for transmittal of balloting materials to

3 overseas voters;

4 ‘‘(2) use of the format of the official post card

5 form prescribed under section 101 (or the format of

6 any other registration form provided for under State

7 law) for purposes of absentee voter registration ap8 plication and absentee ballot application, with the

9 condition that a State may require receipt of a form

10 with an original signature before the ballot of the

11 voter is counted;

12 ‘‘(3) furnishing of absentee ballots by electronic

13 transmittal, from locations within the State, as se14 lected by the chief State election official, to overseas

15 voters who request such transmittal; and

16 ‘‘(4) special alternative methods of transmittal

17 of balloting materials for use only when required by

18 an emergency declared by the President or the Con19 gress.

20 ‘‘(b) FUNDING REQUIREMENT.—The requirements of

21 subsection (a) shall apply to a State with respect to an

22 election—

23 ‘‘(1) if there is full payment by the Federal

24 Government of any additional cost incurred by the

25 State after the date of the enactment of this Act for
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1 the implementation of such subsection (a), with such

2 costs to be determined by the Presidential designee

3 and the chief State election official, acting jointly; or

4 ‘‘(2) in any case of less than full payment, as

5 described in paragraph (1), if the State, in the man6 ner provided for under the law of the State, agrees

7 to the application of such requirements.

8 ‘‘SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL

9 OF ELECTRONIC TRANSMITTAL METHOD.

10 ‘‘The Presidential designee may not approve use of

11 any method of electronic transmittal for purposes of this

12 Act, unless, not later than 90 days before the effective

13 date of the approval, the Presidential designee submits to

14 the Congress a detailed report describing the method.’’.

15 (b) DEFINITION AMENDMENT.—Section 107 of the

16 Uniformed and Overseas Citizens Absentee Voting Act (42

17 U.S.C. 1973ff–6) is amended—

18 (1) by striking out ‘‘and’’ at the end of para19 graph (7);

20 (2) by striking out the period at the end of

21 paragraph (8) and inserting in lieu thereof ‘‘; and’’;

22 and

23 (3) by adding at the end the following new

24 paragraph:
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1 ‘‘(9) the term ‘electronic transmittal’ means,

2 with respect to balloting materials, transmittal by

3 facsimile machine or other electronic method ap4 proved by the Presidential designee.’’.

5 (c) EFFECTIVE DATE.—The amendments made by

6 this section shall apply with respect to elections taking

7 place after December 31, 1996.

8 SEC. 6. REPORT PROVISION.

9 Section 101(b)(6) of the Uniformed and Overseas

10 Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)) is

11 amended—

12 (1) by striking out ‘‘participation and’’ and in13 serting in lieu thereof ‘‘participation,’’; and

14 (2) by inserting before the period at the end the

15 following: ‘‘, and a separate analysis of electronic

16 transmittal of balloting materials’’.

Passed the House of Representatives May 14, 1996.

Attest: ROBIN H. CARLE,

Clerk.