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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1415 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1415

  To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
 ensure that absent uniformed services voters and overseas voters are 
aware of their voting rights and have a genuine opportunity to register 
to vote and have their absentee ballots cast and counted, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2009

 Mr. Schumer (for himself, Mr. Chambliss, and Mr. Nelson of Nebraska) 
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 
 ensure that absent uniformed services voters and overseas voters are 
aware of their voting rights and have a genuine opportunity to register 
to vote and have their absentee ballots cast and counted, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military and Overseas Voter 
Empowerment Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The right to vote is a fundamental right.
            (2) Due to logistical, geographical, operational and 
        environmental barriers, military and overseas voters are 
        burdened by many obstacles that impact their right to vote and 
        register to vote, the most critical of which include problems 
        transmitting balloting materials and not being given enough 
        time to vote.
            (3) States play an essential role in facilitating the 
        ability of military and overseas voters to register to vote and 
        have their ballots cast and counted, especially with respect to 
        timing and improvement of absentee voter registration and 
        absentee ballot procedures.
            (4) The Department of Defense educates military and 
        overseas voters of their rights under the Uniformed and 
        Overseas Citizens Absentee Voting Act and plays an 
        indispensable role in facilitating the procedural channels that 
        allow military and overseas voters to have their votes count.
            (5) The local, State, and Federal Government entities 
        involved with getting ballots to military and overseas voters 
        must work in conjunction to provide voter registration services 
        and balloting materials in a secure and expeditious manner.

SEC. 3. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED SERVICES 
              VOTERS AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO 
              SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE BALLOT 
              APPLICATIONS BY MAIL, ELECTRONICALLY, AND BY FACSIMILE.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) in addition to any other method of registering to 
        vote or applying for an absentee ballot in the State, establish 
        procedures--
                    ``(A) for absent uniformed services voters and 
                overseas voters to request by mail, electronically, and 
                by facsimile voter registration applications and 
                absentee ballot applications with respect to general, 
                special, primary, and runoff elections for Federal 
                office in accordance with subsection (e);
                    ``(B) for States to send by mail, electronically, 
                and by facsimile (in accordance with the preferred 
                method of transmission designated by the absent 
                uniformed services voter or overseas voter under 
                subparagraph (C)) voter registration applications and 
                absentee ballot applications requested under 
                subparagraph (A) in accordance with subsection (e); and
                    ``(C) by which the absent uniformed services voter 
                or overseas voter can designate whether they prefer for 
                such voter registration application or absentee ballot 
                application to be transmitted by mail, electronically, 
                or by facsimile.''; and
            (2) by adding at the end the following new subsection:
    ``(e) Designation of Email Address and Facsimile Number for Absent 
Uniformed Services Voters and Overseas Voters To Request and for States 
To Send Voter Registration Applications and Absentee Ballot 
Applications, and for Other Purposes Related to Voting Information.--
            ``(1) In general.--Each State shall, in addition to the 
        designation of a single State office under subsection (b), 
        designate not less than 1 email address and not less than 1 
        facsimile number--
                    ``(A) for use by absent uniformed services voters 
                and overseas voters who wish to register to vote or 
                vote in any jurisdiction in the State to request voter 
                registration applications and absentee ballot 
                applications under subsection (a)(6);
                    ``(B) for use by States to send voter registration 
                applications and absentee ballot applications requested 
                under such subsection; and
                    ``(C) for the purpose of providing related voting, 
                balloting, and election information to absent uniformed 
                services voters and overseas voters.
            ``(2) Inclusion of designated email address and facsimile 
        number on balloting materials and related communications.--Each 
        State shall include an email address and facsimile number so 
        designated on all balloting materials and related 
        communications sent by the State to absent uniformed services 
        voters and overseas voters.
            ``(3) Availability and maintenance of online repository of 
        state contact information.--The Federal Voting Assistance 
        Program of the Department of Defense shall maintain and make 
        available to the public an online repository of State contact 
        information with respect to elections for Federal office, 
        including the single State office designated under subsection 
        (b) and the email address and facsimile number designated under 
        paragraph (1), to be used by absent uniformed services voters 
        and overseas voters as a resource to send voter registration 
        applications and absentee ballot applications to the 
        appropriate jurisdiction in the State.
            ``(4) Transmission if no preference indicated.--In the case 
        where an absent uniformed services voter or overseas voter does 
        not designate a preference under subsection (a)(6)(C), the 
        State shall transmit the voter registration application or 
        absentee ballot application by any delivery method allowable in 
        accordance with applicable State law, or if there is no 
        applicable State law, by mail.
            ``(5) Privacy protections.--The procedures established 
        under subsection (a)(6) shall ensure that the privacy of the 
        identity and other personal data of an absent uniformed 
        services voter or overseas voter who requests or is sent a 
        voter registration application or absentee ballot application 
        under such subsection is protected throughout the process of 
        making such request or being sent such application.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.

SEC. 4. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK 
              ABSENTEE BALLOTS BY MAIL, ONLINE, AND BY FACSIMILE TO 
              ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 3, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) in addition to any other method of transmitting blank 
        absentee ballots in the State, establish procedures for 
        transmitting by mail, electronically, and by facsimile blank 
        absentee ballots to absent uniformed services voters and 
        overseas voters with respect to general, special, primary, and 
        runoff elections for Federal office in accordance with 
        subsection (f).''; and
            (2) by adding at the end the following new subsection:
    ``(f) Transmission of Blank Absentee Ballots by Mail, Online, and 
by Facsimile.--
            ``(1) In general.--Each State shall establish procedures--
                    ``(A) to transmit blank absentee ballots by mail, 
                electronically, and by facsimile (in accordance with 
                the preferred method of transmission designated by the 
                absent uniformed services voter or overseas voter under 
                subparagraph (B)) to absent uniformed services voters 
                and overseas voters for an election for Federal office; 
                and
                    ``(B) by which the absent uniformed services voter 
                or overseas voter can designate whether they prefer for 
                such blank absentee ballot to be transmitted by mail, 
                electronically, or by facsimile.
            ``(2) Transmission if no preference indicated.--In the case 
        where an absent uniformed services voter or overseas voter does 
        not designate a preference under paragraph (1)(B), the State 
        shall transmit the ballot by any delivery method allowable in 
        accordance with applicable State law, or if there is no 
        applicable State law, by mail.
            ``(3) Privacy protections.--The procedures established 
        under subsection (a)(7) shall ensure that the privacy of the 
        identity and other personal data of an absent uniformed 
        services voter or overseas voter to whom a blank absentee 
        ballot is transmitted under such subsection is protected 
        throughout the process of such transmission.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.

SEC. 5. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS 
              HAVE TIME TO VOTE.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 4, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(8) except as provided in subsection (g), transmit a 
        validly requested absentee ballot to an absent uniformed 
        services voter or overseas voter--
                    ``(A) in the case where the request is received at 
                least 45 days before an election for Federal office, 
                not later than 45 days before the election; and
                    ``(B) in the case where the request is received 
                less than 45 days before an election for Federal 
                office--
                            ``(i) in accordance with State law; and
                            ``(ii) if practicable and as determined 
                        appropriate by the State, in a manner that 
                        expedites the transmission of such absentee 
                        ballot; and
            ``(9) except as provided in subsection (g), accept and 
        count a marked absentee ballot of an absent uniformed services 
        voter or overseas voter that is postmarked or otherwise 
        officially dated on or before the election for Federal office 
        involved if the marked absentee ballot is received by the State 
        on or before the later of--
                    ``(A) the date that is 55 days after the date on 
                which a validly requested absentee ballot is required 
                to be transmitted under paragraph (8)(A); or
                    ``(B) the date on which the State certifies the 
                election.''; and
            (2) by adding at the end the following new subsection:
    ``(g) Exemption of Certain States From Certain Time Requirements.--
            ``(1) In general.--A State is not required to comply with 
        the requirements of paragraphs (8) and (9) of subsection (a) 
        if, on and after the date of enactment of this subsection, the 
        State has in effect a law providing that a State absentee 
        ballot is required to be available to any absent uniformed 
        services voter or overseas voter not later than 55 days before 
        the election for Federal office involved (determined beginning 
        on the date on which the State transmits a blank absentee 
        ballot to an absent uniformed services voter or overseas voter 
        and ending on the deadline of the State for receipt of such 
        application).
            ``(2) Hardship exemption.--
                    ``(A) In general.--If the chief State election 
                official determines that the State is unable to meet 
                the requirements under such paragraphs with respect to 
                an election for Federal office due to an undue hardship 
                described in subparagraph (B)(ii), the chief State 
                election official shall request that the Presidential 
                designee grant a waiver to the State of the application 
                of such paragraphs. Such request shall include--
                            ``(i) a recognition that the purpose of 
                        such paragraphs is to allow absent uniformed 
                        services voters and overseas voters enough time 
                        to vote in an election for Federal office;
                            ``(ii) an explanation of the hardship that 
                        indicates why the State is unable to transmit 
                        absent uniformed services voters and overseas 
                        voters an absentee ballot in accordance with 
                        such paragraphs;
                            ``(iii) the number of days prior to the 
                        election for Federal office that the State 
                        requires absentee ballots be transmitted to 
                        absent uniformed services voters and overseas 
                        voters; and
                            ``(iv) a comprehensive plan to ensure that 
                        absent uniformed services voters and overseas 
                        voters are able to receive absentee ballots 
                        which they have requested and submit marked 
                        absentee ballots to the appropriate State 
                        election official in time to have that ballot 
                        counted in the election for Federal office, 
                        which includes--
                                    ``(I) the steps the State will 
                                undertake to ensure that absent 
                                uniformed services voters and overseas 
                                voters have time to receive, mark, and 
                                submit their ballots in time to have 
                                those ballots counted in the election;
                                    ``(II) why the plan provides absent 
                                uniformed services voters and overseas 
                                voters sufficient time to vote as a 
                                substitute for the requirements under 
                                such paragraphs; and
                                    ``(III) the underlying factual 
                                information which explains how the plan 
                                provides such sufficient time to vote 
                                as a substitute for such requirements.
                    ``(B) Approval of waiver request.--The Presidential 
                designee shall approve a waiver request under 
                subparagraph (A) if the Presidential designee 
                determines each of the following requirements are met:
                            ``(i) The comprehensive plan under clause 
                        (iv) of such subparagraph provides absent 
                        uniformed services voters and overseas voters 
                        sufficient time to receive absentee ballots 
                        they have requested and submit marked absentee 
                        ballots to the appropriate State election 
                        official in time to have that ballot counted in 
                        the election for Federal office.
                            ``(ii) One or more of the following issues 
                        creates an undue hardship for the State:
                                    ``(I) The State's primary election 
                                date prohibits the State from complying 
                                with such paragraphs (8) and (9).
                                    ``(II) The State has suffered a 
                                delay in generating ballots due to a 
                                legal contest with respect to a primary 
                                election.
                                    ``(III) The State Constitution 
                                prohibits the State from complying with 
                                such paragraphs.
                    ``(C) Timing of waiver.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), a State that requests a waiver 
                        under subparagraph (A) shall submit to the 
                        Presidential designee the written waiver 
                        request not later than 90 days before the 
                        election for Federal office with respect to 
                        which the request is submitted. The 
                        Presidential designee shall approve or deny the 
                        waiver request not later than 65 days before 
                        such election.
                            ``(ii) Exception.--If a State requests a 
                        waiver under subparagraph (A) as the result of 
                        an undue hardship described in subparagraph 
                        (B)(ii)(II), the State shall submit to the 
                        Presidential designee the written waiver 
                        request as soon as practicable. The 
                        Presidential designee shall approve or deny the 
                        waiver request not later than 5 business days 
                        after the date on which the request is 
                        received.
                    ``(D) Application of waiver.--A waiver approved 
                under subparagraph (B) shall only apply with respect to 
                the election for Federal office for which the request 
                was submitted. For each subsequent election for Federal 
                office, the Presidential designee shall only approve a 
                waiver if the State has submitted a request under 
                subparagraph (A) with respect to such election.''.
    (b) Runoff Elections.--Section 102(a) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by 
subsection (a), is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(10) if the State declares or otherwise holds a runoff 
        election for Federal office, establish a written plan that 
        provides absentee ballots are made available to absent 
        uniformed services voters and overseas voters in manner that 
        gives them sufficient time to vote in the runoff election.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.

SEC. 6. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE 
              BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

    (a) In General.--The Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after 
section 103 the following new section:

``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE 
              BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

    ``(a) Collection.--The Presidential designee shall establish 
procedures for collecting marked absentee ballots of absent overseas 
uniformed services voters in regularly scheduled general elections for 
Federal office, including absentee ballots prepared by States and the 
Federal write-in absentee ballot prescribed under section 103, and for 
delivering the ballots to the appropriate State election officials.
    ``(b) Utilization of Express Mail Delivery Services.--Under the 
procedures established under this section, the Presidential designee, 
working in conjunction with the United States Postal Service, shall 
implement procedures that provide absent uniformed services voters 
access to express mail delivery service for the purpose of mailing 
marked absentee ballots to the appropriate State election official. 
Such procedures shall ensure that the following requirements are met:
            ``(1) No postage requirement.--In accordance with section 
        3406 of title 39, United States Code, such marked absentee 
        ballots and other balloting materials are carried free of 
        postage.
            ``(2) Date of mailing.--Such marked absentee ballots are 
        postmarked with a record of the date on which the ballot is 
        mailed.
    ``(c) Absent Overseas Uniformed Services Voter Defined.--In this 
section, the term `absent overseas uniformed services voter' means an 
overseas voter described in section 107(5)(A).''.
    (b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C. 
1973ff(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(8) carry out section 103A with respect to the collection 
        and delivery of marked absentee ballots of absent overseas 
        uniformed services voters in elections for Federal office.''.
    (c) Tracking Marked Ballots.--Section 102 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as 
amended by section 5, is amended by adding at the end the following new 
subsection:
    ``(h) Tracking Marked Ballots.--The chief State election official, 
in coordination with local election jurisdictions, shall develop a free 
access system by which an absent uniformed services voter or overseas 
voter may determine whether the absentee ballot of the absent uniformed 
services voter or overseas voter has been received by the appropriate 
State election official.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.

SEC. 7. FEDERAL WRITE-IN ABSENTEE BALLOT.

    (a) Use in General, Special, Primary, and Runoff Elections for 
Federal Office.--
            (1) In general.--Section 103 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--
                    (A) in subsection (a), by striking ``general 
                elections for Federal office'' and inserting ``general, 
                special, primary, and runoff elections for Federal 
                office'';
                    (B) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``a general election'' and 
                inserting ``a general, special, primary, or runoff 
                election for Federal office''; and
                    (C) in subsection (f), by striking ``the general 
                election'' each place it appears and inserting ``the 
                general, special, primary, or runoff election for 
                Federal office''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on December 31, 2010, and apply with respect 
        to elections for Federal office held on or after such date.
    (b) Promotion and Expansion of Use.--Section 103(a) of the 
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
2) is amended--
            (1) by striking ``General.--The Presidential'' and 
        inserting ``General.--
            ``(1) Federal write-in absentee ballot.--The 
        Presidential''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Promotion and expansion of use of federal write-in 
        absentee ballots.--
                    ``(A) In general.--Not later than December 31, 
                2011, the Presidential designee shall adopt procedures 
                to promote and expand the use of the Federal write-in 
                absentee ballot as a back-up measure to vote in 
                elections for Federal office.
                    ``(B) Use of technology.--Under such procedures, 
                the Presidential designee shall utilize technology to 
                implement a system under which the absent uniformed 
                services voter or overseas voter may--
                            ``(i) enter the address of the voter or 
                        other information relevant in the appropriate 
                        jurisdiction of the State, and the system will 
                        generate a list of all candidates in the 
                        election for Federal office in that 
                        jurisdiction; and
                            ``(ii) submit the marked Federal write-in 
                        absentee ballot by printing the ballot 
                        (including complete instructions for submitting 
                        the marked Federal write-in absentee ballot to 
                        the appropriate State election official and the 
                        mailing address of the single State office 
                        designated under section 102(b)).''.

SEC. 8. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE 
              BALLOT APPLICATIONS, MARKED ABSENTEE BALLOTS, AND FEDERAL 
              WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET TECHNICAL 
              REQUIREMENTS.

    (a) Voter Registration and Absentee Ballot Applications.--Section 
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-1), as amended by section 6, is amended by adding at the 
end the following new subsection:
    ``(i) Prohibiting Refusal To Accept Applications for Failure To 
Meet Technical Requirements.--A State shall not refuse to accept and 
process any otherwise valid voter registration application or absentee 
ballot application (including the official post card form prescribed 
under section 101) or marked absentee ballot submitted in any manner by 
an absent uniformed services voter or overseas voter solely on the 
basis of the following:
            ``(1) Notarization requirements.
            ``(2) Restrictions on paper type, including weight and 
        size.
            ``(3) Restrictions on envelope type, including weight and 
        size.''.
    (b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42 
U.S.C. 1973ff-2) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet 
Technical Requirements.--A State shall not refuse to accept and process 
any otherwise valid Federal write-in absentee ballot submitted in any 
manner by an absent uniformed services voter or overseas voter solely 
on the basis of the following:
            ``(1) Notarization requirements.
            ``(2) Restrictions on paper type, including weight and 
        size.
            ``(3) Restrictions on envelope type, including weight and 
        size.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.

SEC. 9. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

    (a) Federal Voting Assistance Program Improvements.--
            (1) In general.--The Uniformed and Overseas Citizens 
        Absentee Voting Act (42 U.S.C. 1397ff et seq.), as amended by 
        section 6, is amended by inserting after section 103A the 
        following new section:

``SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

    ``(a) In General.--The Presidential designee shall develop 
standards for training, supporting, and emphasizing Voting Assistance 
Officers under the Federal Voting Assistance Program of the Department 
of Defense--
            ``(1) for all members of the uniformed services; and
            ``(2) on all installations and facilities of the uniformed 
        services in the United States and overseas.
    ``(b) Duties.--The Presidential designee shall carry out the 
following duties:
            ``(1) Assign Senior Voting Assistance Officers as follows:
                    ``(A)(i) Assign 1 Senior Voting Assistance Officer 
                on each installation or facility and in each 
                organization of the uniformed services, at the 0-6 
                level, to coordinate the programs conducted by 
                subordinate units and tenant commands.
                    ``(ii) To the extent practicable, subject to clause 
                (iii), an individual assigned under this subparagraph 
                as the Senior Voting Assistance Officer on an 
                installation or facility or in an organization shall be 
                an employee in a position at GS-12 or higher of the 
                General Schedule, or, if a member of a uniformed 
                service is so assigned, the member shall be in a pay 
                grade of O-4 or higher.
                    ``(iii) In the case where the number of individuals 
                on the installation or facility or in the organization 
                at the 0-6 level is less than 50, the Senior Voting 
                Assistance Officer shall be assigned at the next 
                highest level that has at least 50 individual assigned 
                to it.
                    ``(iv) To the extent practicable, each individual 
                assigned under this subparagraph shall notify 
                individuals on the installation or facility or in the 
                organization of the last date before a regularly 
                scheduled general election for Federal office on which 
                absentee ballots mailed from that installation, 
                facility, or organization may reasonably be expected to 
                be delivered in time to be counted in such election.
                    ``(B) Assign 1 Senior Voting Assistance Officer to 
                each reserve component at its headquarters level.
            ``(2) Designate and assign in writing 1 Voting Assistance 
        Officer to each unit, installation, or facility of the 
        uniformed services for every 50 members of a uniformed service 
        permanently assigned to the unit, installation, or facility. A 
        member of a uniformed service assigned under the preceding 
        sentence shall hold a pay grade of not less than O-2 for 
        officers or E-7 for enlisted personnel. Voting Assistance 
        Officers assigned under this paragraph shall operate under the 
        guidance of Senior Voting Assistance Officers assigned under 
        paragraph (1).
            ``(3) Ensure that Voting Assistance Officers are available 
        and equipped to--
                    ``(A) personally assist absent uniformed services 
                voters with respect to each election for Federal 
                office; and
                    ``(B) ensure that any absent uniformed services 
                voter who appears to need assistance in reading or 
                understanding the English language on voter 
                registration or voting materials receives immediate 
                assistance with balloting materials in the appropriate 
                language.
            ``(4) Provide Voting Assistance Officers with time and 
        resources needed to perform their voting assistance duties, 
        especially during even-numbered years.
            ``(5) Develop online portals of information for use by 
        Voting Assistance Officers--
                    ``(A) for training purposes; and
                    ``(B) to inform absent uniformed services voters 
                regarding voter registration procedures and absentee 
                ballot procedures to be used by such voters with 
                respect to elections for Federal office.
            ``(6) Establish a program to notify absent uniformed 
        services voters of voter registration information and 
        resources, the availability of the Federal postcard 
        application, and the availability of the Federal write-in 
        absentee ballot on the military Global Network, and shall use 
        the military Global Network to notify absent uniformed services 
        voters of the foregoing 90, 60, and 30 days prior to each 
        election for Federal office.
            ``(7) Include, in the standard forms provided to a new 
        member of the uniformed services during in-processing upon 
        arrival at installations and bases of the uniformed services, 
        information on voter registration procedures and absentee 
        ballot procedures to be used by absent uniformed services 
        voters (including the official post card form prescribed under 
        section 101).
            ``(8) Provide clear written notice and instructions for the 
        absent uniformed services voter to change their address by 
        submitting the official post card form prescribed under section 
        101 to the appropriate State election official.
            ``(9) Not later than December 31 of each year, transmit to 
        the President and to Congress a report on the effectiveness of 
        activities carried out under this section, including the 
        activities and actions of the Federal Voting Assistance Program 
        of the Department of Defense, a separate assessment of voter 
        registration and participation by absent uniformed overseas 
        voters, a separate assessment of voter registration and 
        participation by overseas voters who are not members of the 
        uniformed services, and a description of the cooperation 
        between the States and the Federal Government in carrying out 
        this section.
    ``(c) Clarification Regarding Other Duties and Obligations.--
Nothing in this section shall relieve the Presidential designee of 
their duties and obligations under any directives or regulations issued 
by the Department of Defense, including the Department of Defense 
Directive 1000.04 (or any successor directive or regulation) that is 
not inconsistent or contradictory to the provisions of this section.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Voting Assistance Program of the Department 
of Defense such sums as are necessary for purposes of carrying out this 
section.''.
            (2) Conforming amendments.--Section 101 of such Act (42 
        U.S.C. 1973ff), as amended by section 6, is amended--
                    (A) in subparagraph (b)--
                            (i) by striking ``and'' at the end of 
                        paragraph (7);
                            (ii) by striking the period at the end of 
                        paragraph (8) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(9) carry out section 103B with respect to Federal Voting 
        Assistance Program Improvements.''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(d) Authorization of Appropriations for Carrying Out Federal 
Voting Assistance Program Improvements.--There are authorized to be 
appropriated to the Presidential designee such sums as are necessary 
for purposes of carrying out subsection (b)(9).''.
    (b) Treatment of Military Pay, Personnel, and Identification 
Offices and Certain Other Offices as Voter Registration Agencies.--
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act 
(42 U.S.C. 1973ff-1), as amended by section 8, is amended by adding at 
the end the following new subsection:
    ``(j) Treatment of Military Pay, Personnel, and Identification 
Offices and Certain Offices as Voter Registration Agencies.--
            ``(1) Pay, personnel, and identification offices of the 
        department of defense.--Each State and the Secretary of Defense 
        shall jointly develop and implement procedures for persons to 
        apply to register to vote at pay, personnel, and identification 
        offices of the Department of Defense. A pay, personnel, or 
        identification office of the Department of Defense shall be 
        considered to be a voter registration agency designated under 
        section 7(a)(2) of the National Voter Registration Act of 1993 
        for all purposes of such Act.
            ``(2) Designation of certain offices at the installation 
        level.--
                    ``(A) In general.--A Secretary of a military 
                department may designate an office at the installation 
                level, consistent across every installation of the 
                department of the Secretary concerned, to serve as a 
                voter registration agency for that department. An 
                office designated by the Secretary concerned under the 
                preceding sentence shall be considered to be a voter 
                registration agency designated under section 7(a)(2) of 
                such Act for all purposes of such Act.
                    ``(B) Definition of military department and 
                secretary concerned.--In this paragraph, the terms 
                `military department' and `Secretary concerned' have 
                the meaning given such terms in paragraphs (8) and (9), 
                respectively, of section 101 of title 10, United States 
                Code.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.

SEC. 10. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING CERTAIN 
              DATA.

    (a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)), 
as amended by section 9, is amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(10) working with the Election Assistance Commission and 
        the chief State election official of each State, develop 
        standards--
                    ``(A) for States to report data on the number of 
                absentee ballots transmitted and received under section 
                102(c) and such other data as the Presidential designee 
                determines appropriate; and
                    ``(B) for the Presidential designee to store the 
                data reported.''.
    (b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C. 
1973ff-1(a)), as amended by section 5, is amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(11) report data on the number of absentee ballots 
        transmitted and received under section 102(c) and such other 
        data as the Presidential designee determines appropriate in 
        accordance with the standards developed by the Presidential 
        designee under section 101(b)(10).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.

SEC. 11. ANNUAL REPORT ON ENFORCEMENT.

    Section 105 of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973f-4) is amended--
            (1) by striking ``The Attorney'' and inserting ``(a) In 
        General.--The Attorney''; and
            (2) by adding at the end the following new subsection:
    ``(b) Report to Congress.--Not later than December 31 of each year, 
the Attorney General shall submit to Congress an annual report on any 
civil action brought under subsection (a) during the preceding year.''.

SEC. 12. REQUIREMENTS PAYMENTS.

    (a) Use of Funds.--Section 251(b) of the Help America Vote Act of 
2002 (42 U.S.C. 15401(b)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Activities under uniformed and overseas citizens 
        absentee voting act.--A State shall use a requirements payment 
        made using funds appropriated pursuant to the authorization 
        under section 257(4) only to meet the requirements under the 
        Uniformed and Overseas Absentee Voting Act imposed as a result 
        of the provisions of and amendments made by the Military and 
        Overseas Voter Empowerment Act.''.
    (b) Requirements.--
            (1) State plan.--Section 254 of the Help America Vote Act 
        of 2002 (42 U.S.C. 15404) is amended--
                    (A) in subsection (a), by striking ``The State'' 
                and inserting ``Subject to subsection (c), the State'';
                    (B) by redesignating subsection (c) as subsection 
                (d); and
                    (C) by inserting after subsection (b) the following 
                new subsection:
    ``(c) State Plan for Certain Requirements Payments.--In the case of 
a requirements payment made using funds appropriated pursuant to the 
authorization under section 257(4), the State plan shall contain a 
description of how the State will use such requirements payment to meet 
the requirements under the Uniformed and Overseas Absentee Voting Act 
imposed as a result of the provisions of and amendments made by the 
Military and Overseas Voter Empowerment Act.''.
            (2) Conforming amendments.--Section 253(b) of the Help 
        America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--
                    (A) in paragraph (1)(A), by striking ``section 
                254'' and inserting ``subsection (a) of section 254 
                (or, in the case of a requirements payment made using 
                funds appropriated pursuant to the authorization under 
                section 257(4), subsection (c) of such section)''; and
                    (B) in paragraph (2)--
                            (i) by striking ``(2) The State'' and 
                        inserting ``(2)(A) Subject to subparagraph (B), 
                        the State''; and
                            (ii) by inserting after subparagraph (A), 
                        as added by clause (i), the following new 
                        subparagraph:
            ``(B) The requirement under subparagraph (A) shall not 
        apply in the case of a requirements payment made using funds 
        appropriated pursuant to the authorization under section 
        257(4).''.
    (c) Authorization.--Section 257 of the Help America Vote Act of 
2002 (42 U.S.C. 15407) is amended by adding at the end the following 
new paragraph:
            ``(4) For fiscal year 2010 and subsequent fiscal years, 
        such sums as are necessary for purposes of making requirements 
        payments to States to carry out the activities described in 
        section 251(b)(3).''.

SEC. 13. TECHNOLOGY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Absent uniformed services voter.--The term ``absent 
        uniformed services voter'' has the meaning given such term in 
        section 107(a) of the Uniformed and Overseas Citizens Absentee 
        Voting Act (42 U.S.C. 1973ff et seq.).
            (2) Overseas voter.--The term ``overseas voter'' has the 
        meaning given such term in section 107(5) of such Act.
            (3) Presidential designee.--The term ``Presidential 
        designee'' means the individual designated under section 101(a) 
        of such Act.
    (b) Establishment.--
            (1) In general.--The Presidential designee may establish 1 
        or more pilot programs under which the feasibility of new 
        election technology is tested for the benefit of absent 
        uniformed services voters and overseas voters claiming rights 
        under the Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.).
            (2) Design and conduct.--The design and conduct of a pilot 
        program established under this subsection--
                    (A) shall be at the discretion of the Presidential 
                designee; and
                    (B) shall not conflict with or substitute for 
                existing laws, regulations, or procedures with respect 
                to the participation of absent uniformed services 
                voters and military voters in elections for Federal 
                office.
    (c) Considerations.--In conducting a pilot program established 
under subsection (b), the Presidential designee may consider the 
following issues:
            (1) The transmission of electronic voting material across 
        military networks.
            (2) Virtual private networks, cryptographic voting systems, 
        centrally controlled voting stations, and other information 
        security techniques.
            (3) The transmission of ballot representations and scanned 
        pictures in a secure manner.
            (4) Capturing, retaining, and comparing electronic and 
        physical ballot representations.
            (5) Utilization of voting stations at military bases.
            (6) Document delivery and upload systems.
            (7) The functional effectiveness of the application or 
        adoption of the pilot program to operational environments, 
        taking into account environmental and logistical obstacles and 
        State procedures.
    (d) Reports.--The Presidential designee shall submit to Congress 
reports on the progress and outcomes of any pilot program conducted 
under this subsection, together with recommendations--
            (1) for the conduct of additional pilot programs under this 
        section; and
            (2) for such legislation and administrative action as the 
        Presidential designee determines appropriate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
                                 <all>
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