II

107TH CONGRESS

1ST SESSION S. 1261

To amend the Uniformed and Overseas Citizens Absentee Voting Act to

increase the ability of absent uniformed services voters and overseas

voters to participate in elections for Federal office, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27, 2001

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

referred to the Committee on Rules and Administration

A BILL

To amend the Uniformed and Overseas Citizens Absentee

Voting Act to increase the ability of absent uniformed

services voters and overseas voters to participate in elections for Federal office, 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 ‘‘Uniformed and Over5 seas Citizen Absentee Voting Reform Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) Approximately 3,000,000 to 6,000,000

2 American citizens, including 576,000 Federal em3 ployees and their overseas dependents in the armed

4 services and in other Federal agencies, live perma5 nently or temporarily reside outside the 50 States

6 and the District of Columbia.

7 (2) The members of the armed services, their

8 dependents, other employees of the Federal Govern9 ment and their dependents, and the approximately

10 3,000,000 to 5,500,000 other American citizens

11 abroad make an inestimable contribution to the se12 curity, economic well-being, and cultural vitality of

13 the United States.

14 (3) Although great progress has been made in

15 recent decades in assuring that these citizens have

16 the chance to participate fully in our democratic

17 process, the national elections of November 2000 re18 vealed grave shortcomings in our system, with nearly

19 40 percent of overseas ballots rejected in one State

20 alone.

21 (4) Moreover, during these elections it became

22 apparent that timely information about the numbers

23 of American citizens seeking to vote and voting from

24 abroad, information which is essential to measure
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1 the effectiveness of our overseas voting system, is

2 not currently provided by the States.

3 SEC. 3. SIMPLIFICATION OF VOTER REGISTRATION AND AB4 SENTEE BALLOT APPLICATION PROCEDURES

5 FOR ABSENT UNIFORMED SERVICES AND

6 OVERSEAS VOTERS.

7 (a) REQUIRING STATES TO ACCEPT OFFICIAL FORM

8 FOR SIMULTANEOUS VOTER REGISTRATION AND ABSEN9 TEE BALLOT APPLICATION; DEADLINE FOR PROVIDING

10 ABSENTEE BALLOT.—

11 (1) IN GENERAL.—Section 102 of the Uni12 formed and Overseas Citizens Absentee Voting Act

13 (42 U.S.C. 1973ff–1) is amended—

14 (A) by amending paragraph (2) to read as

15 follows:

16 ‘‘(2) accept and process, with respect to any

17 election for Federal office, any otherwise valid voter

18 registration application and absentee ballot applica19 tion from an absent uniformed services voter or

20 overseas voter, if the application is received by the

21 appropriate State election official not less than 30

22 days before the election;’’;

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

24 paragraph (3) and inserting a semicolon; and
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1 (C) by adding at the end the following new

2 paragraphs:

3 ‘‘(4) use the official post card form (prescribed

4 under section 101) for simultaneous voter registra5 tion application and absentee ballot application; and

6 ‘‘(5) transmit the absentee ballot for an election

7 to each absent uniformed services voter and overseas

8 voter who is registered with respect to the election

9 as soon as practicable after the voter is registered,

10 but in no case later than the 45th day preceding the

11 election (if the voter is registered as of such day).’’.

12 (2) CONFORMING AMENDMENTS.—Section

13 101(b)(2) of such Act (42 U.S.C. 1973ff(b)(2) is

14 amended by striking ‘‘as recommended in section

15 104’’ and inserting ‘‘as required under section

16 102(4)’’.

17 (b) USE OF SINGLE APPLICATION FOR ALL SUBSE18 QUENT ELECTIONS.—Section 104 of such Act (42 U.S.C.

19 1973ff–3) is amended to read as follows:

20 ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSE21 QUENT ELECTIONS.

22 ‘‘(a) IN GENERAL.—If a State accepts and processes

23 an official post card form (prescribed under section 101)

24 submitted by an absent uniformed services voter or over25 seas voter for simultaneous voter registration and absen-
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1 tee ballot application (in accordance with section

2 102(4))—

3 ‘‘(1) the voter shall be deemed to have sub4 mitted an absentee ballot application for each subse5 quent election for Federal office held in the State;

6 and

7 ‘‘(2) the State shall provide an absentee ballot

8 to the voter for each subsequent election for Federal

9 office held in the State (in accordance with the dead10 line required under section 102(a)(5)).

11 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA12 TION.—Subsection (a) shall not apply with respect to a

13 voter registered to vote in a State for any election held

14 after the voter notifies the State that the voter no longer

15 wishes to be registered to vote in the State or after the

16 State determines that the voter has registered to vote in

17 another State.

18 ‘‘(c) NO EFFECT ON VOTER REMOVAL PROGRAMS.—

19 Nothing in this section may be construed to prevent a

20 State from removing any voter from the rolls of registered

21 voters in the State under any program or method per22 mitted under section 8 of the National Voter Registration

23 Act of 1993.’’.
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1 SEC. 4. REMOVING BARRIERS TO ACCEPTANCE OF COM2 PLETED BALLOTS.

3 Section 102 of the Uniformed and Overseas Citizens

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

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

6 ‘‘Each State’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(b) SPECIAL REQUIREMENTS REGARDING ACCEPT10 ANCE OF COMPLETED BALLOTS.—

11 ‘‘(1) MANDATORY MINIMUM PERIOD FOR AC12 CEPTANCE OF ABSENTEE BALLOT AFTER DATE OF

13 ELECTION.—Notwithstanding any other provision of

14 law, a State shall not refuse to count an absentee

15 ballot submitted in an election for Federal office by

16 an absent uniformed services voter or overseas voter

17 on the grounds that the ballot was not submitted in

18 a timely manner if—

19 ‘‘(A) the ballot is received by the State not

20 later than 14 days after the date of the elec21 tion;

22 ‘‘(B) the ballot is signed and dated by the

23 voter; and

24 ‘‘(C) the date provided by the voter on the

25 ballot is not later than the day before the date

26 of the election.
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1 ‘‘(2) PROHIBITING REFUSAL OF BALLOT FOR

2 LACK OF POSTMARK.—A State shall not refuse to

3 count an absentee ballot submitted in an election for

4 Federal office by an absent uniformed services voter

5 or overseas voter on the grounds that the ballot or

6 the envelope in which the ballot is submitted lacks

7 a postmark if the ballot is signed and dated by the

8 voter and a witness within the deadline applicable

9 under State law for the submission of the ballot

10 (taking into account the requirements of paragraph

11 (1)).’’.

12 SEC. 5. OTHER REQUIREMENTS TO PROMOTE PARTICIPA13 TION OF OVERSEAS AND ABSENT UNI14 FORMED SERVICES VOTERS.

15 Section 102 of the Uniformed and Overseas Citizens

16 Absentee Voting Act (42 U.S.C. 1973ff–1), as amended

17 by section 4, is amended by adding at the end the fol18 lowing new subsection:

19 ‘‘(c) OTHER REQUIREMENTS AND PROHIBITIONS.—

20 ‘‘(1) RESPONSE TO SUBMITTED MATERIALS.—

21 ‘‘(A) APPLICATIONS FOR VOTER REGISTRA22 TION AND ABSENTEE BALLOT REQUEST.—With

23 respect to each absent uniformed services voter

24 and each overseas voter who submits a voter
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1 registration application or an absentee ballot re2 quest, the State—

3 ‘‘(i) shall immediately notify the voter

4 as to whether or not the State has ap5 proved the application or request; and

6 ‘‘(ii) if the State rejects the applica7 tion or request, shall provide the voter with

8 the reasons for the rejection.

9 ‘‘(B) ABSENTEE BALLOTS.—With respect

10 to each absent uniformed services voter and

11 each overseas voter who submits a completed

12 absentee ballot, the State—

13 ‘‘(i) shall immediately notify the voter

14 as to whether or not the State has received

15 the ballot; and

16 ‘‘(ii) if the State refuses to accept the

17 ballot, shall provide the voter with the rea18 sons for refusal.

19 ‘‘(2) USE OF FACSIMILE MACHINES AND INTER20 NET.—Each State shall make voter registration ap21 plications, absentee ballot requests, and absentee

22 ballots available to absent uniformed services voters

23 and overseas voters through the use of facsimile ma24 chines and the Internet, and shall permit such voters

25 to transmit completed applications and requests to
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1 the State through the use of such machines and the

2 Internet. Nothing in this paragraph may be con3 strued to prohibit a State from accepting completed

4 absentee ballots from absent uniformed services vot5 ers and overseas voters through the use of facsimile

6 machines.

7 ‘‘(3) PROHIBITING NOTARIZATION REQUIRE8 MENTS.—A State may not refuse to accept any voter

9 registration application, absentee ballot request, or

10 absentee ballot submitted by an absent uniformed

11 services voter or overseas voter on the grounds that

12 the document involved is not notarized.

13 ‘‘(4) COMPILATION OF STATISTICS.—

14 ‘‘(A) IN GENERAL.—For each election for

15 Federal office held in the State, each State

16 shall compile and publish the following informa17 tion with respect to absent uniformed services

18 voters and overseas voters:

19 ‘‘(i) The number of voter registration

20 applications received from each such group

21 of voters, together with the number of such

22 applications which were rejected by the

23 State and the reasons for rejection.

24 ‘‘(ii) The number of absentee ballots

25 sent to each such group of voters.
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1 ‘‘(iii) The number of completed absen2 tee ballots submitted by each such group of

3 voters, together with the number of such

4 ballots which were rejected by the State

5 and the reasons for rejection.

6 ‘‘(B) BREAKDOWN BY LOCAL JURISDIC7 TION AND OVERSEAS LOCATION.—In compiling

8 and publishing the information described in

9 subparagraph (A), the State shall break down

10 each category of such information by county (or

11 other appropriate local election district) and by

12 the locations to which and from which the ma13 terials described in such subparagraph were

14 transmitted and received.

15 ‘‘(C) TRANSMISSION TO PRESIDENTIAL

16 DESIGNEE.—With respect to information re17 garding a Presidential election year, the State

18 shall transmit the information compiled under

19 this paragraph to the Presidential designee at

20 such time and in such manner as the Presi21 dential designee may require to prepare the re22 port described in section 101(b)(6).’’.

23 SEC. 6. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE.

24 (a) EDUCATING ELECTION OFFICIALS ON RESPON25 SIBILITIES UNDER ACT.—Section 101(b)(1) of the Uni-
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1 formed and Overseas Citizens Absentee Voting Act (42

2 U.S.C. 1973ff(b)(1)) is amended by striking the semicolon

3 at the end and inserting the following: ‘‘, and ensure that

4 such officials are aware of the requirements of this Act;’’.

5 (b) DEVELOPMENT OF STANDARD OATH FOR USE

6 WITH MATERIALS.—

7 (1) IN GENERAL.—Section 101(b) of such Act

8 (42 U.S.C. 1973ff(b)) is amended—

9 (A) by striking ‘‘and’’ at the end of para10 graph (5);

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

12 paragraph (6) and inserting ‘‘; and’’; and

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

14 paragraph:

15 ‘‘(7) prescribe a standard oath for use with any

16 document under this title affirming that a material

17 misstatement of fact in the completion of such a

18 document may constitute grounds for a conviction

19 for perjury.’’.

20 (2) REQUIRING STATES TO USE STANDARD

21 OATH.—Section 102(a) of such Act (42 U.S.C.

22 1973ff–1(a)), as amended by sections 3(a) and 4, is

23 further amended—

24 (A) by striking ‘‘and’’ at the end of para25 graph (4);
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1 (B) by striking the period at the end of

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

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

4 paragraph:

5 ‘‘(6) if the State requires an oath or affirmation

6 to accompany any document under this title, use the

7 standard oath prescribed by the Presidential des8 ignee under section 101(b)(7).’’.

9 (c) TRANSMISSION OF FEDERAL WRITE-IN ABSEN10 TEE BALLOT THROUGH FACSIMILE MACHINES AND

11 INTERNET.—Section 103 of such Act (42 U.S.C. 1973ff–

12 2) is amended—

13 (1) by redesignating subsections (b) through (f)

14 as subsections (c) through (g); and

15 (2) by inserting after subsection (a) the fol16 lowing new subsection:

17 ‘‘(b) TRANSMISSION OF BALLOT THROUGH FAC18 SIMILE MACHINES AND INTERNET.—The Presidential

19 designee shall make the Federal write-in absentee ballot

20 and the application for such a ballot available to overseas

21 voters through the use of facsimile machines and the

22 Internet, and shall permit such voters to transmit com23 pleted applications for such a ballot to the Presidential

24 designee through the use of such machines and the Inter25 net.’’.
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1 (d) PROVIDING BREAKDOWN BETWEEN OVERSEAS

2 VOTERS AND ABSENT UNIFORMED SERVICES VOTERS IN

3 STATISTICAL ANALYSIS OF VOTER PARTICIPATION.—Sec4 tion 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is

5 amended by inserting after ‘‘participation’’ the following:

6 ‘‘(listed separately for overseas voters and absent uni7 formed services voters)’’.

8 SEC. 7. GRANTING PROTECTIONS GIVEN TO ABSENT UNI9 FORMED SERVICES VOTERS TO RECENTLY

10 SEPARATED UNIFORMED SERVICES VOTERS.

11 The Uniformed and Overseas Citizens Absentee Vot12 ing Act (42 U.S.C. 1973ff et seq.) is amended by inserting

13 after section 104 the following new section:

14 ‘‘SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNI15 FORMED SERVICES VOTERS.

16 ‘‘(a) IN GENERAL.—For purposes of this Act, an in17 dividual who is a separated uniformed services voter (or

18 the spouse or dependent of such an individual) shall be

19 treated in the same manner as an absent uniformed serv20 ices voter with respect to any election occurring during

21 the 60-day period which begins on the date the individual

22 becomes a separated uniformed services voter.

23 ‘‘(b) SEPARATED UNIFORMED SERVICES VOTER DE24 FINED.—
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1 ‘‘(1) IN GENERAL.—In this section, the term

2 ‘separated uniformed services voter’ means an indi3 vidual who—

4 ‘‘(A) is separated from the uniformed serv5 ices;

6 ‘‘(B) was a uniformed services voter imme7 diately prior to separation;

8 ‘‘(C) presents to an appropriate election of9 ficial Department of Defense Form 214 show10 ing that the individual meets the requirements

11 of subparagraphs (A) and (B) (or any other of12 ficial proof of meeting such requirements); and

13 ‘‘(D) is otherwise qualified to vote with re14 spect to the election involved.

15 ‘‘(2) UNIFORMED SERVICES VOTER.—In para16 graph (1), the term ‘uniformed services voter’

17 means—

18 ‘‘(A) a member of a uniformed service on

19 active duty; or

20 ‘‘(B) a member of the merchant marine.’’.

21 SEC. 8. FINANCIAL ASSISTANCE TO STATES FOR COSTS OF

22 COMPLIANCE.

23 (a) IN GENERAL.—The Presidential designee under

24 the Uniformed and Overseas Citizens Absentee Voting Act

25 shall make a payment to each eligible State for carrying
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1 out activities to comply with the requirements of such Act,

2 including the amendments made to such Act by this Act.

3 (b) ELIGIBILITY.—A State is eligible to receive a pay4 ment under this section if it submits to the Presidential

5 designee (at such time and in such form as the Presi6 dential designee may require) an application containing

7 such information and assurances as the Presidential des8 ignee may require.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated for the first fiscal year

11 which begins after the date of the enactment of this Act

12 such sums as may be necessary to carry out this section,

13 to remain available until expended.

14 SEC. 9. EFFECTIVE DATE.

15 The amendments made by sections 3, 4, 5, 6, and

16 7 shall apply with respect to elections occurring after the

17 date of the enactment of this Act.

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