I

106TH CONGRESS

2D SESSION H. R. 5174

To amend titles 10 and 18, United States Code, and the Revised Statutes

to remove the uncertainty regarding the authority of the Department

of Defense to permit buildings located on military installations and

reserve component facilities to be used as polling places in Federal,

State, and local elections for public office.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 14, 2000

Mr. THOMAS (for himself, Mr. BOEHNER, Mr. EHLERS, Mr. NEY, Mr. MICA,

Mr. EWING, Mr. LINDER, Mr. STUMP, Mr. BUYER, and Mr. HOYER) introduced the following bill; which was referred to the Committee on

Armed Services, and in addition to the Committees on the Judiciary, and

House Administration, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend titles 10 and 18, United States Code, and the

Revised Statutes to remove the uncertainty regarding

the authority of the Department of Defense to permit

buildings located on military installations and reserve

component facilities to be used as polling places in Federal, State, and local elections for public office.

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. USE OF BUILDINGS ON MILITARY INSTALLA2 TIONS AND RESERVE COMPONENT FACILI3 TIES AS POLLING PLACES.

4 (a) USE OF MILITARY INSTALLATIONS AUTHOR5 IZED.—Section 2670 of title 10, United States Code, is

6 amended—

7 (1) by striking ‘‘Under’’ and inserting ‘‘(a) USE

8 BY RED CROSS.—Under’’;

9 (2) by striking ‘‘this section’’ and inserting

10 ‘‘this subsection’’; and

11 (3) by adding at the end the following new sub12 section:

13 ‘‘(b) USE AS POLLING PLACES.—(1) Notwith14 standing chapter 29 of title 18 (including sections 592 and

15 593 of such title), the Secretary of a military department

16 may make a building located on a military installation

17 under the jurisdiction of the Secretary available for use

18 as a polling place in any Federal, State, or local election

19 for public office.

20 ‘‘(2) Once a military installation is made available as

21 the site of a polling place with respect to a Federal, State,

22 or local election for public office, the Secretary shall con23 tinue to make the site available for subsequent elections

24 for public office unless the Secretary provides to Congress

25 advance notice in a reasonable and timely manner of the
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1 reasons why the site will no longer be made available as

2 a polling place.

3 ‘‘(3) In this section, the term ‘military installation’

4 has the meaning given the term in section 2687(e) of this

5 title.’’.

6 (b) USE OF RESERVE COMPONENT FACILITIES.—(1)

7 Section 18235 of title 10, United States Code, is amended

8 by adding at the end the following new subsection:

9 ‘‘(c) Pursuant to a lease or other agreement under

10 subsection (a)(2), the Secretary may make a facility cov11 ered by subsection (a) available for use as a polling place

12 in any Federal, State, or local election for public office

13 notwithstanding chapter 29 of title 18 (including sections

14 592 and 593 of such title). Once a facility is made avail15 able as the site of a polling place with respect to an elec16 tion for public office, the Secretary shall continue to make

17 the facility available for subsequent elections for public of18 fice unless the Secretary provides to Congress advance no19 tice in a reasonable and timely manner of the reasons why

20 the facility will no longer be made available as a polling

21 place.’’.

22 (2) Section 18236 of such title is amended by adding

23 at the end the following new subsection:

24 ‘‘(e) Pursuant to a lease or other agreement under

25 subsection (c)(1), a State may make a facility covered by
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1 subsection (c) available for use as a polling place in any

2 Federal, State, or local election for public office notwith3 standing chapter 29 of title 18 (including sections 592 and

4 593 of such title).’’.

5 (c) CONFORMING AMENDMENTS TO TITLE 18.—(1)

6 Section 592 of title 18, United States Code, is amended

7 by adding at the end the following:

8 ‘‘This section shall not prohibit the use of buildings

9 located on military installations, or the use of reserve com10 ponent facilities, as polling places in Federal, State, and

11 local elections for public office in accordance with section

12 2670(b), 18235, or 18236 of title 10.’’.

13 (2) Section 593 of such title is amended by adding

14 at the end the following:

15 ‘‘This section shall not prohibit the use of buildings

16 located on military installations, or the use of reserve com17 ponent facilities, as polling places in Federal, State, and

18 local elections for public office in accordance with section

19 2670(b), 18235, or 18236 of title 10.’’.

20 (d) CONFORMING AMENDMENT TO VOTING RIGHTS

21 LAW.—Section 2003 of the Revised Statutes (42 U.S.C.

22 1972) is amended by adding at the end the following:

23 ‘‘Making a military installation or reserve component facil24 ity available as a polling place in a Federal, State, or local

25 election for public office in accordance with section
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1 2670(b), 18235, or 18236 of title 10, United States Code,

2 shall be deemed to be consistent with this section.’’.

3 (e) AVAILABILITY OF POLLING PLACES FOR 2000

4 FEDERAL ELECTIONS.—If a military installation or re5 serve component facility was made available as the site

6 of a polling place with respect to an election for Federal

7 office held during 1998, the same or a comparable site

8 shall be made available for use as a polling place with re9 spect to the general election for Federal office to be held

10 in November 2000.

11 (f) CLERICAL AMENDMENTS.—(1) The heading of

12 section 2670 of title 10, United States Code, is amended

13 to read as follows:

14 ‘‘§ 2670. Buildings on military installations: use by

15 American National Red Cross and as poll16 ing places in Federal, State, and local

17 elections’’.

18 (2) The item relating to such section in the table of

19 sections at the beginning of chapter 159 of such title is

20 amended to read as follows:

‘‘2670. Buildings on military installations: use by American National Red Cross

and as polling places in Federal, State, and local elections.’’.