II

107TH CONGRESS

1ST SESSION S. 122

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 SENATE OF THE UNITED STATES

JANUARY 22, 2001

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Rules and 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Armed Services Voting

5 Rights Protection Act of 2001’’.
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1 SEC. 2. STANDARD FOR INVALIDATION OF BALLOTS CAST

2 BY ABSENT UNIFORMED SERVICES VOTERS

3 IN FEDERAL ELECTIONS.

4 (a) IN GENERAL.—Section 102 of the Uniformed and

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

6 1) is amended—

7 (1) by striking ‘‘Each State’’ and inserting ‘‘(a)

8 IN GENERAL.—Each State’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(b) STANDARDS FOR INVALIDATION OF CERTAIN

12 BALLOTS.—

13 ‘‘(1) IN GENERAL.—A State may not refuse to

14 count a ballot submitted in an election for Federal

15 office by an absent uniformed services voter on the

16 grounds that the ballot was improperly or fraudu17 lently cast unless the State finds clear and con18 vincing evidence of fraud in the preparation or cast19 ing of the ballot by the voter.

20 ‘‘(2) CLEAR AND CONVINCING EVIDENCE.—For

21 purposes of this subsection, the lack of a witness sig22 nature, address, postmark, or other identifying in23 formation may not be considered clear and con24 vincing evidence of fraud (absent any other informa25 tion or evidence).
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1 ‘‘(3) NO EFFECT ON FILING DEADLINES UNDER

2 STATE LAW.—Nothing in this subsection may be

3 construed to affect the application to ballots sub4 mitted by absent uniformed services voters of any

5 ballot submission deadline applicable under State

6 law.’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a) shall apply with respect to ballots described

9 in section 102(b) of the Uniformed and Overseas Citizens

10 Absentee Voting Act (as added by such subsection) that

11 are submitted with respect to elections that occur after

12 the date of enactment of this Act.

13 SEC. 3. STUDY AND REPORT BY THE POSTAL SERVICE ON

14 IMPROVING THE SUBMISSION OF ABSENTEE

15 BALLOTS BY ABSENT UNIFORMED SERVICES

16 VOTERS IN ELECTIONS FOR FEDERAL OF17 FICE.

18 (a) STUDY.—

19 (1) IN GENERAL.—The Postal Service shall

20 conduct a study to determine each reason for which

21 an absentee ballot of an absent uniformed services

22 voter (as defined in paragraph (1) of section 107 of

23 the Uniformed and Overseas Citizens Absentee Vot24 ing Act (42 U.S.C. 1973ff–6)) was not counted in
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1 the general election for Federal office (as defined in

2 paragraph (3) of such section) held in 2000.

3 (2) CONSULTATION.—In conducting the study

4 under this subsection, the Postal Service shall con5 sult with the head of the executive department des6 ignated under section 101(a) of the Uniformed and

7 Overseas Citizens Absentee Voting Act (42 U.S.C.

8 1973ff), and the Secretaries of Defense, Transpor9 tation, Commerce, and Health and Human Services.

10 (b) UNPOSTMARKED BALLOTS.—In conducting the

11 study under subsection (a), if the Postal Service finds that

12 a reason for which an absentee ballot was not counted is

13 that the ballot was not postmarked, then the Postal Serv14 ice shall—

15 (1) determine the reason that the ballot was not

16 postmarked; and

17 (2) develop recommendations on ways to ensure

18 that such ballots will be postmarked in the future.

19 (c) REPORT.—Not later than 120 days after the date

20 of enactment of this Act, the Postal Service shall submit

21 to Congress a report on the study conducted under sub22 section (a) that contains—

23 (1) any reason determined under paragraph (1)

24 of subsection (b) and any recommendations devel25 oped under paragraph (2) of such subsection; and
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1 (2) such recommendations for legislative or ad2 ministrative action as the Postal Service determines

3 appropriate.

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