I

106TH CONGRESS

2D SESSION H. R. 5642

To prohibit a State from determining that a ballot submitted by an absent

uniformed services voter was improperly or fraudulently cast unless the

State finds clear and convincing evidence of fraud, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 6, 2000

Mr. SALMON (for himself, Mr. WELDON of Pennsylvania, Mr. KOLBE, Mr.

GILMAN, Mr. BACHUS, Mr. LATOURETTE, Mr. CRANE, Mr. BARTLETT of

Maryland, Mr. DELAY, Mr. FRELINGHUYSEN, Mr. ROYCE, Mr. SMITH of

New Jersey, Mr. WATTS of Oklahoma, Mr. SHIMKUS, Mrs. FOWLER, Mr.

REYNOLDS, Mr. HEFLEY, Mr. WAMP, Mr. TANCREDO, Mr. HANSEN, Mr.

FOLEY, Mr. RYUN of Kansas, Mr. SCHAFFER, Mr. SKEEN, Mr.

BALLENGER, Mr. COOK, Mr. HAYWORTH, Ms. HOOLEY of Oregon, Mr.

KING, Mr. HILLEARY, Mr. PITTS, Mr. TIAHRT, Mr. NETHERCUTT, Mr.

SOUDER, Mr. NEY, Mr. LOBIONDO, Mr. DOOLITTLE, Mr. GREENWOOD,

Mrs. ROUKEMA, Mr. COMBEST, and Mr. DUNCAN) introduced the following bill; which was referred to the Committee on House Administration

A BILL

To prohibit a State from determining that a ballot submitted

by an absent uniformed services voter was improperly

or fraudulently cast unless the State finds clear and

convincing evidence of fraud, 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,
2

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Armed Services Vote

3 Rescue Act’’.

4 SEC. 2. STANDARD FOR INVALIDATION OF BALLOTS CAST

5 BY ABSENT UNIFORMED SERVICES VOTERS

6 IN FEDERAL ELECTIONS.

7 (a) IN GENERAL.—A State may not refuse to count

8 a ballot submitted in an election for Federal office by an

9 absent uniformed services voter on the grounds that the

10 ballot was improperly or fraudulently cast unless the State

11 finds clear and convincing evidence of fraud in the prepa12 ration or casting of the ballot by the voter. For purposes

13 of the previous sentence, the lack of a witness signature,

14 address, postmark, or other identifying information may

15 not be considered clear and convincing evidence of fraud

16 (absent any other information or evidence).

17 (b) NO EFFECT ON FILING DEADLINES UNDER

18 STATE LAW.—Nothing in this section may be construed

19 to affect the application to ballots submitted by absent

20 uniformed services voters of any ballot submission dead21 line applicable under State law.

22 (c) ABSENT UNIFORMED SERVICES VOTER DE23 FINED.—In this Act, the term ‘‘absent uniformed services

24 voter’’ has the meaning given such term in section 107(1)

25 of the Uniformed and Overseas Citizens Absentee Voting

26 Act (42 U.S.C. 1973ff–6(1)).
3

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1 SEC. 3. EFFECTIVE DATE.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), this Act shall apply with respect to ballots submitted

4 for elections for Federal office occurring after the date of

5 the enactment of this Act.

6 (b) SPECIAL RULE.—In the case of any State for

7 which the number of ballots submitted by absent uni8 formed services voters exceeded the margin of votes be9 tween the two candidates receiving the greatest number

10 of votes cast for President in the State (as determined

11 without regard to ballots submitted by absent uniformed

12 services voters), this Act shall apply with respect to ballots

13 submitted for the election held for the appointment of elec14 tors for President and Vice President during 2000 and

15 for each election for Federal office held during any suc16 ceeding year.

Æ