IB 

Union Calendar No. 158 

111TH CONGRESS 

1ST SESSION H. R. 2393 

[Report No. 111–281] 

To amend the Uniformed and Overseas Citizens Absentee Voting Act to 

improve procedures for the collection and delivery of marked absentee 

ballots of absent overseas uniformed services voters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2009 

Mr. MCCARTHY of California (for himself, Mr. BOREN, Mr. CANTOR, Mr. 

DANIEL E. LUNGREN of California, Mr. HARPER, and Mr. TIAHRT) introduced the following bill; which was referred to the Committee on 

House Administration 

OCTOBER 1, 2009 

Additional sponsors: Mr. OLSON, Mr. PAULSEN, Mr. THORNBERRY, Mr. 

MCKEON, Mr. ROGERS of Alabama, Mr. BARTLETT, Mr. FRANKS of Arizona, Mr. CALVERT, Mr. COLE, Mr. YOUNG of Alaska, Mr. BROWN of 

South Carolina, Mr. SENSENBRENNER, Mr. MCCLINTOCK, Mrs. 

MCMORRIS RODGERS, Mrs. BONO MACK, Mrs. BACHMANN, Mr. LATTA, 

Mr. GALLEGLY, Mr. WHITFIELD, Mr. JONES, Mr. WITTMAN, Mr. WILSON of South Carolina, Mr. BOOZMAN, Mr. MILLER of Florida, Mr. 

GINGREY of Georgia, Mr. ROGERS of Kentucky, Mr. LATHAM, Mr. KLINE

of Minnesota, Mr. FLEMING, Mr. BLUNT, Mr. LAMBORN, Ms. GRANGER, 

Mr. CASTLE, Mr. BURGESS, Mr. WALDEN, Mr. SHULER, Mrs. MILLER

of Michigan, and Ms. FALLIN

OCTOBER 1, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To amend the Uniformed and Overseas Citizens Absentee 

Voting Act to improve procedures for the collection and 

delivery of marked absentee ballots of absent overseas 

uniformed services voters, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Voting Protec5 tion Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) In the defense of freedom, members of the 

9 United States Armed Forces are routinely deployed 

10 to overseas theaters of combat, assigned to overseas 

11 locations, and assigned to ocean-going vessels far 

12 from home. 

13 (2) As the United States continues to fight the 

14 Global War on Terror, the substantial need for over15 seas service by members of the Armed Forces will 

16 continue, as we live in what senior Army leaders 

17 have referred to as an ‘‘era of persistent conflict’’. 

18 (3) The right to vote is one of the most basic 

19 and fundamental rights enjoyed by Americans, and 

20 one which the members of the Armed Forces bravely 

21 defend both at home in the United States and over22 seas. 

23 (4) The decisions of elected officials of the 

24 United States Government directly impact the mem25 bers of the Armed Forces who are often called to deVerDate Nov 24 2008 21:49 Oct 01, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2393.RH H2393

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1 ploy or otherwise serve overseas as a result of deci2 sions made by such elected officials. 

3 (5) The ability of the members of the Armed 

4 Forces to vote while serving overseas has been ham5 pered by numerous factors, including inadequate 

6 processes for ensuring their timely receipt of absen7 tee ballots, delivery methods that are typically slow 

8 and antiquated, and a myriad of absentee voting 

9 procedures that are often confusing and vary among 

10 the several States. 

11 (6) The Uniformed and Overseas Citizens Ab12 sentee Voting Act, which requires the States to allow 

13 absentee voting for members of the Armed Forces 

14 and other specified groups of United States citizens, 

15 was intended to protect the voting rights of members 

16 of the Armed Forces. 

17 (7) The current system of absentee voting for 

18 overseas members of the Armed Forces could be 

19 greatly improved by decreasing delays in the process, 

20 and certain steps by the Department of Defense, in21 cluding utilization of express mail services for the 

22 delivery of completed absentee ballots, would address 

23 the major sources of delay. 


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1 SEC. 3. PROCEDURES FOR COLLECTION AND DELIVERY OF 

2 MARKED ABSENTEE BALLOTS OF ABSENT 

3 OVERSEAS UNIFORMED SERVICES VOTERS. 

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

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

6 is amended by inserting after section 103 the following 

7 new section: 

8 ‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY 

9 OF MARKED ABSENTEE BALLOTS OF ABSENT 

10 OVERSEAS UNIFORMED SERVICES VOTERS. 

11 ‘‘(a) COLLECTION.—The Presidential designee shall 

12 establish procedures for collecting marked absentee ballots 

13 of absent overseas uniformed services voters in regularly 

14 scheduled general elections for Federal office, including 

15 absentee ballots prepared by States and the Federal write16 in absentee ballot prescribed under section 103, and for 

17 delivering the ballots to the appropriate election officials. 

18 ‘‘(b) ENSURING DELIVERY PRIOR TO CLOSING OF

19 POLLS.— 

20 ‘‘(1) IN GENERAL.—Under the procedures es21 tablished under this section, the Presidential des22 ignee shall ensure that any marked absentee ballot 

23 for a regularly scheduled general election for Federal 

24 office which is collected prior to the deadline de25 scribed in paragraph (3) is delivered to the appro26 priate election official in a State prior to the time 


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1 established by the State for the closing of the polls 

2 on the date of the election. 

3 ‘‘(2) UTILIZATION OF EXPRESS MAIL DELIVERY

4 SERVICES.—The Presidential designee shall carry 

5 out this section by utilizing the express mail delivery 

6 services of the United States Postal Service. 

7 ‘‘(3) DEADLINE DESCRIBED.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the deadline described in 

10 this paragraph is noon (in the location in which 

11 the ballot is collected) on the fourth day pre12 ceding the date of the election. 

13 ‘‘(B) AUTHORITY TO ESTABLISH ALTER14 NATIVE DEADLINE FOR CERTAIN LOCATIONS.— 

15 If the Presidential designee determines that the 

16 deadline described in subparagraph (A) is not 

17 sufficient to ensure timely delivery of the ballot 

18 under paragraph (1) with respect to a par19 ticular location because of remoteness or other 

20 factors, the Presidential designee may establish 

21 as an alternative deadline for that location the 

22 latest date occurring prior to the deadline de23 scribed in subparagraph (A) which is sufficient 

24 to ensure timely delivery of the ballot under 

25 paragraph (1). 


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1 ‘‘(c) TRACKING MECHANISM.—Under the procedures 

2 established under this section, the Presidential designee, 

3 working in conjunction with the United States Postal 

4 Service, shall implement procedures to enable any indi5 vidual whose marked absentee ballot for a regularly sched6 uled general election for Federal office is collected by the 

7 Presidential designee to determine whether the ballot has 

8 been delivered to the appropriate election official, using 

9 the Internet, an automated telephone system, or such 

10 other methods as the Presidential designee may provide. 

11 ‘‘(d) OUTREACH FOR ABSENT OVERSEAS UNI12 FORMED SERVICES VOTERS ON PROCEDURES.—The Pres13 idential designee shall take appropriate actions to inform 

14 individuals who are anticipated to be absent overseas uni15 formed services voters in a regularly scheduled general 

16 election for Federal office to which this section applies of 

17 the procedures for the collection and delivery of marked 

18 absentee ballots established pursuant to this section, in19 cluding the manner in which such voters may utilize such 

20 procedures for the submittal of marked absentee ballots 

21 in the election. 

22 ‘‘(e) REPORTS ON UTILIZATION OF PROCEDURES.— 

23 ‘‘(1) REPORTS REQUIRED.—Not later than 180 

24 days after each regularly scheduled general election 

25 for Federal office to which this section applies, the 


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1 Presidential designee shall submit to the relevant 

2 committees of Congress a report on the utilization of 

3 the procedures for the collection and delivery of 

4 marked absentee ballots established pursuant to this 

5 section during such general election. 

6 ‘‘(2) ELEMENTS.—Each report under para7 graph (1) shall include, for the general election cov8 ered by such report, a description of the utilization 

9 of the procedures described in that paragraph during 

10 such general election, including the number of 

11 marked absentee ballots collected and delivered 

12 under such procedures and the number of such bal13 lots which were not delivered by the time of the clos14 ing of the polls on the date of the election (and the 

15 reasons therefor). 

16 ‘‘(3) RELEVANT COMMITTEES OF CONGRESS

17 DEFINED.—In this subsection, the term ‘relevant 

18 committees of Congress’ means— 

19 ‘‘(A) the Committees on Appropriations, 

20 Armed Services, and Rules and Administration 

21 of the Senate; and 

22 ‘‘(B) the Committees on Appropriations, 

23 Armed Services, and House Administration of 

24 the House of Representatives. 


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1 ‘‘(f) ABSENT OVERSEAS UNIFORMED SERVICES

2 VOTER DEFINED.—In this section, the term ‘absent over3 seas uniformed services voter’ means an overseas voter de4 scribed in section 107(5)(A). 

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Presidential des7 ignee such sums as may be necessary to carry out this 

8 section. 

9 ‘‘(h) EFFECTIVE DATE.—This section shall apply 

10 with respect to the regularly scheduled general election for 

11 Federal office held in November 2010 and each succeeding 

12 election for Federal office.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) FEDERAL RESPONSIBILITIES.—Section 

15 101(b) of such Act (42 U.S.C. 1973ff(b)) is amend16 ed— 

17 (A) by striking ‘‘and’’ at the end of para18 graph (6); 

19 (B) by striking the period at the end of 

20 paragraph (7) and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following new 

22 paragraph: 

23 ‘‘(8) carry out section 103A with respect to the 

24 collection and delivery of marked absentee ballots of 


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1 absent overseas uniformed services voters in elec2 tions for Federal office.’’. 

3 (2) STATE RESPONSIBILITIES.—Section 102(a) 

4 of such Act (42 U.S.C. 1973ff–1(a)) is amended— 

5 (A) by striking ‘‘and’’ at the end of para6 graph (4); 

7 (B) by striking the period at the end of 

8 paragraph (5) and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(6) carry out section 103A(b)(2) with respect 

12 to the processing and acceptance of marked absentee 

13 ballots of absent overseas uniformed services vot14 ers.’’. 

15 (c) REPORT ON STATUS OF IMPLEMENTATION.— 

16 (1) REPORT REQUIRED.—Not later than 180 

17 days after the date of the enactment of this Act, the 

18 Presidential designee under section 101(a) of the 

19 Uniformed and Overseas Citizens Absentee Voting 

20 Act shall submit to the relevant committees of Con21 gress a report on the status of the implementation 

22 of the program for the collection and delivery of 

23 marked absentee ballots established pursuant to sec24 tion 103A of such Act, as added by subsection (a). 


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1 (2) ELEMENTS.—The report under paragraph 

2 (1) shall include a status of the implementation of 

3 the program and a detailed description of the spe4 cific steps taken towards its implementation for No5 vember 2010. 

6 (3) RELEVANT COMMITTEES OF CONGRESS DE7 FINED.—In this subsection, the term ‘‘relevant com8 mittees of Congress’’ has the meaning given such 

9 term in section 103A(e)(3) of the Uniformed and 

10 Overseas Citizens Absentee Voting Act, as added by 

11 subsection (a). 

12 SEC. 4. PROTECTING VOTER PRIVACY AND SECRECY OF AB13 SENTEE BALLOTS. 

14 Section 101(b) of the Uniformed and Overseas Citi15 zens Absentee Voting Act (42 U.S.C. 1973ff(b)), as 

16 amended by section 3(b), is amended— 

17 (1) by striking ‘‘and’’ at the end of paragraph 

18 (7); 

19 (2) by striking the period at the end of para20 graph (8) and inserting ‘‘; and’’; and 

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

22 paragraph: 

23 ‘‘(9) to the greatest extent practicable, take 

24 such actions as may be required to ensure that ab25 sent uniformed services voters who cast absentee 


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1 ballots at locations or facilities under the Presi2 dential designee’s jurisdiction are able to do so in a 

3 private and independent manner, and take such ac4 tions as may be required to protect the privacy of 

5 the contents of absentee ballots cast by absent uni6 formed services voters and overseas voters while 

7 such ballots are in the Presidential designee’s pos8 session or control.’’. 


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Union Calendar No. 158 

111TH CONGRESS 

1ST SESSION H. R. 2393 

[Report No. 111–281] 

A BILL 

To amend the Uniformed and Overseas Citizens 

ers, and for other purposes. ballots of absent overseas uniformed services votthe collection and delivery of marked absentee Absentee Voting Act to improve procedures for 

OCTOBER 1, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSKHWCL6B1PROD with BILLS