II 

Calendar No. 114 

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, Mr. NELSON of Nebraska, Mr. 

ISAKSON, Ms. CANTWELL, Mrs. SHAHEEN, Mr. BURRIS, Mr. VITTER, Mr. 

CASEY, Mr. PRYOR, Mr. BYRD, Mr. BENNETT, Mr. UDALL of New Mexico, Mr. INOUYE, Mrs. FEINSTEIN, Mr. DURBIN, Mrs. MURRAY, Mr. 

WARNER, Mrs. HUTCHISON, Mr. ALEXANDER, Mr. CORNYN, Mr. 

CONRAD, Mr. BROWNBACK, Mr. SPECTER, Mr. WICKER, Mr. BURR, Mr. 

LIEBERMAN, Mr. ROBERTS, Mr. RISCH, Mrs. LINCOLN, Mr. THUNE, and 

Mr. BOND) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration 

JULY 16, 2009 

Reported by Mr. SCHUMER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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 


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have their absentee ballots cast and counted, 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 ‘‘Military and Overseas 

5 Voter Empowerment Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The right to vote is a fundamental right. 

9 (2) Due to logistical, geographical, operational 

10 and environmental barriers, military and overseas 

11 voters are burdened by many obstacles that impact 

12 their right to vote and register to vote, the most crit13 ical of which include problems transmitting balloting 

14 materials and not being given enough time to vote. 

15 (3) States play an essential role in facilitating 

16 the ability of military and overseas voters to register 

17 to vote and have their ballots cast and counted, es18 pecially with respect to timing and improvement of 

19 absentee voter registration and absentee ballot pro20 cedures. 

21 (4) The Department of Defense educates mili22 tary and overseas voters of their rights under the 

23 Uniformed and Overseas Citizens Absentee Voting 

24 Act and plays an indispensable role in facilitating 


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1 the procedural channels that allow military and over2 seas voters to have their votes count. 

3 (5) The local, State, and Federal Government 

4 entities involved with getting ballots to military and 

5 overseas voters must work in conjunction to provide 

6 voter registration services and balloting materials in 

7 a secure and expeditious manner. 

8 SEC. 3. CLARIFICATION REGARDING DELEGATION OF 

9 STATE RESPONSIBILITIES. 

10 A State may delegate its responsibilities in carrying 

11 out the requirements under the Uniformed and Overseas 

12 Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) im13 posed as a result of the provisions of and amendments made 

14 by this Act to jurisdictions of the State. 

15 SEC. 34. ESTABLISHMENT OF PROCEDURES FOR ABSENT 

16 UNIFORMED SERVICES VOTERS AND OVER17 SEAS VOTERS TO REQUEST AND FOR STATES 

18 TO SEND VOTER REGISTRATION APPLICA19 TIONS AND ABSENTEE BALLOT APPLICA20 TIONS BY MAIL, ELECTRONICALLY, AND BY 

21 FACSIMILEBY MAIL OR ELECTRONICALLY. 

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

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

24 1) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (4), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (5), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

6 paragraph: 

7 ‘‘(6) in addition to any other method of reg8 istering to vote or applying for an absentee ballot in 

9 the State, establish procedures— 

10 ‘‘(A) for absent uniformed services voters 

11 and overseas voters to request by mail, elec12 tronically, and by facsimileby mail or electroni13 cally voter registration applications and absen14 tee ballot applications with respect to general, 

15 special, primary, and runoff elections for Fed16 eral office in accordance with subsection (e); 

17 ‘‘(B) for States to send by mail, electroni18 cally, and by facsimileby mail or electronically 

19 (in accordance with the preferred method of 

20 transmission designated by the absent uni21 formed services voter or overseas voter under 

22 subparagraph (C)) voter registration applica23 tions and absentee ballot applications requested 

24 under subparagraph (A) in accordance with 

25 subsection (e); and 


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1 ‘‘(C) by which the absent uniformed serv2 ices voter or overseas voter can designate 

3 whether they prefer for such voter registration 

4 application or absentee ballot application to be 

5 transmitted by mail, electronically, or by fac6 simile.by mail or electronically.’’; and 

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

9 ‘‘(e) DESIGNATION OF EMAIL ADDRESS AND FAC10 SIMILE NUMBER FOR ABSENT UNIFORMED SERVICES

11 VOTERS AND OVERSEAS VOTERS TO REQUEST AND FOR

12 STATES TO SEND VOTER REGISTRATION APPLICATIONS

13 AND ABSENTEE BALLOT APPLICATIONS, AND FOR OTHER

14 PURPOSES RELATED TO VOTING INFORMATION.— 

15 ‘‘(1) IN GENERAL.—Each State shall, in addi16 tion to the designation of a single State office under 

17 subsection (b), designate not less than 1 email ad18 dress and not less than 1 facsimile number— 

19 ‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC COM20 MUNICATION FOR ABSENT UNIFORMED SERVICES VOTERS

21 AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO

22 SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE

23 BALLOT APPLICATIONS, AND FOR OTHER PURPOSES RE24 LATED TO VOTING INFORMATION.— 


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1 ‘‘(1) IN GENERAL.—Each State shall, in addi2 tion to the designation of a single State office under 

3 subsection (b), designate not less than 1 means of elec4 tronic communication (such as an email address, 

5 Internet website, or facsimile)— 

6 ‘‘(A) for use by absent uniformed services 

7 voters and overseas voters who wish to register 

8 to vote or vote in any jurisdiction in the State 

9 to request voter registration applications and 

10 absentee ballot applications under subsection 

11 (a)(6); 

12 ‘‘(B) for use by States to send voter reg13 istration applications and absentee ballot appli14 cations requested under such subsection; and 

15 ‘‘(C) for the purpose of providing related 

16 voting, balloting, and election information to 

17 absent uniformed services voters and overseas 

18 voters. 

19 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

20 MULTIPLE MEANS OF ELECTRONIC COMMUNICATION.— 

21 A State may, in addition to the means of electronic 

22 communication so designated, provide multiple means 

23 of electronic communication to absent uniformed serv24 ices voters and overseas voters, including a means of 


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1 electronic communication for the appropriate juris2 diction of the State. 

3 ‘‘(2) INCLUSION OF DESIGNATED EMAIL AD4 DRESS AND FACSIMILE NUMBER ON BALLOTING MA5 TERIALS AND RELATED COMMUNICATIONS.—Each 

6 State shall include an email address and facsimile 

7 number so designated on all balloting materials and 

8 related communications sent by the State to absent 

9 uniformed services voters and overseas voters. 

10 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

11 ELECTRONIC COMMUNICATION WITH INFORMATIONAL

12 AND INSTRUCTIONAL MATERIALS THAT ACCOMPANY

13 BALLOTING MATERIALS.—Each State shall include a 

14 means of electronic communication so designated with 

15 all informational and instructional materials that ac16 company balloting materials sent by the State to ab17 sent uniformed services voters and overseas voters. 

18 ‘‘(3)(4) AVAILABILITY AND MAINTENANCE OF

19 ONLINE REPOSITORY OF STATE CONTACT INFORMA20 TION.—The Federal Voting Assistance Program of 

21 the Department of Defense shall maintain and make 

22 available to the public an online repository of State 

23 contact information with respect to elections for 

24 Federal office, including the single State office des25 ignated under subsection (b) and the email address 


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1 and facsimile numbermeans of electronic communica2 tion designated under paragraph (1), to be used by 

3 absent uniformed services voters and overseas voters 

4 as a resource to send voter registration applications 

5 and absentee ballot applications to the appropriate 

6 jurisdiction in the State. 

7 ‘‘(4)(5) TRANSMISSION IF NO PREFERENCE IN8 DICATED.—In the case where an absent uniformed 

9 services voter or overseas voter does not designate a 

10 preference under subsection (a)(6)(C), the State 

11 shall transmit the voter registration application or 

12 absentee ballot application by any delivery method 

13 allowable in accordance with applicable State law, or 

14 if there is no applicable State law, by mail. 

15 ‘‘(5) PRIVACY PROTECTIONS.—The procedures 

16 established under subsection (a)(6) shall ensure that 

17 the privacy of the identity and other personal data 

18 of an absent uniformed services voter or overseas 

19 voter who requests or is sent a voter registration ap20 plication or absentee ballot application under such 

21 subsection is protected throughout the process of 

22 making such request or being sent such application. 

23 ‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— 

24 ‘‘(A) SECURITY PROTECTIONS.—To the ex25 tent practicable, States shall ensure that the proVerDate Nov 24 2008 03:21 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1415.RS S1415

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1 cedures established under subsection (a)(6) pro2 tect the security and integrity of the voter reg3 istration and absentee ballot application request 

4 processes. 

5 ‘‘(B) PRIVACY PROTECTIONS.—To the extent 

6 practicable, the procedures established under sub7 section (a)(6) shall ensure that the privacy of the 

8 identity and other personal data of an absent 

9 uniformed services voter or overseas voter who re10 quests or is sent a voter registration application 

11 or absentee ballot application under such sub12 section is protected throughout the process of 

13 making such request or being sent such applica14 tion.’’. 

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

16 this section shall apply with respect to the regularly sched17 uled general election for Federal office held in November 

18 2010 and each succeeding election for Federal office. 


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1 SEC. 45. ESTABLISHMENT OF PROCEDURES FOR STATES TO 

2 TRANSMIT BLANK ABSENTEE BALLOTS BY 

3 MAIL, ONLINE, AND BY FACSIMILEMAIL AND 

4 ELECTRONICALLY TO ABSENT UNIFORMED 

5 SERVICES VOTERS AND OVERSEAS VOTERS. 

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

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

8 1), as amended by section 34, is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (5), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (6), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

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

15 paragraph: 

16 ‘‘(7) in addition to any other method of trans17 mitting blank absentee ballots in the State, establish 

18 procedures for transmitting by mail, electronically, 

19 and by facsimileby mail and electronically blank ab20 sentee ballots to absent uniformed services voters 

21 and overseas voters with respect to general, special, 

22 primary, and runoff elections for Federal office in 

23 accordance with subsection (f).’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(f) TRANSMISSION OF BLANK ABSENTEE BALLOTS

2 BY MAIL, ONLINE, AND BY FACSIMILEMAIL AND ELEC3 TRONICALLY.— 

4 ‘‘(1) IN GENERAL.—Each State shall establish 

5 procedures— 

6 ‘‘(A) to transmit blank absentee ballots by 

7 mail, electronically, and by facsimilemail and 

8 electronically (in accordance with the preferred 

9 method of transmission designated by the ab10 sent uniformed services voter or overseas voter 

11 under subparagraph (B)) to absent uniformed 

12 services voters and overseas voters for an elec13 tion for Federal office; and 

14 ‘‘(B) by which the absent uniformed serv15 ices voter or overseas voter can designate 

16 whether they prefer for such blank absentee 

17 ballot to be transmitted by mail, electronically, 

18 or by facsimileby mail and electronically. 

19 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI20 CATED.—In the case where an absent uniformed 

21 services voter or overseas voter does not designate a 

22 preference under paragraph (1)(B), the State shall 

23 transmit the ballot by any delivery method allowable 

24 in accordance with applicable State law, or if there 

25 is no applicable State law, by mail. 


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1 ‘‘(3) PRIVACY PROTECTIONS.—The procedures 

2 established under subsection (a)(7) shall ensure that 

3 the privacy of the identity and other personal data 

4 of an absent uniformed services voter or overseas 

5 voter to whom a blank absentee ballot is transmitted 

6 under such subsection is protected throughout the 

7 process of such transmission. 

8 ‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— 

9 ‘‘(A) SECURITY PROTECTIONS.—To the ex10 tent practicable, States shall ensure that the pro11 cedures established under subsection (a)(7) pro12 tect the security and integrity of absentee ballots. 

13 ‘‘(B) PRIVACY PROTECTIONS.—To the extent 

14 practicable, the procedures established under sub15 section (a)(7) shall ensure that the privacy of the 

16 identity and other personal data of an absent 

17 uniformed services voter or overseas voter to 

18 whom a blank absentee ballot is transmitted 

19 under such subsection is protected throughout the 

20 process of such transmission.’’. 

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

22 this section shall apply with respect to the regularly sched23 uled general election for Federal office held in November 

24 2010 and each succeeding election for Federal office. 


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1 SEC. 56. ENSURING ABSENT UNIFORMED SERVICES VOT2 ERS AND OVERSEAS VOTERS HAVE TIME TO 

3 VOTE. 

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

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

6 1), as amended by section 4, is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (6), by striking ‘‘and’’ at 

9 the end; 

10 (B) in paragraph (7), by striking the pe11 riod at the end and inserting a semicolon; and 

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

13 paragraphs: 

14 ‘‘(8) except as provided in subsection (g), trans15 mit a validly requested absentee ballot to an absent 

16 uniformed services voter or overseas voter— 

17 ‘‘(A) in the case where the request is re18 ceived at least 45 days before an election for 

19 Federal office, not later than 45 days before the 

20 election; and 

21 ‘‘(B) in the case where the request is re22 ceived less than 45 days before an election for 

23 Federal office— 

24 ‘‘(i) in accordance with State law; and 

25 ‘‘(ii) if practicable and as determined 

26 appropriate by the State, in a manner that 


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1 expedites the transmission of such absen2 tee ballot; and 

3 ‘‘(9) except as provided in subsection (g), ac4 cept and count a marked absentee ballot of an ab5 sent uniformed services voter or overseas voter that 

6 is postmarked or otherwise officially dated on or be7 fore the election for Federal office involved if the 

8 marked absentee ballot is received by the State on 

9 or before the later of— 

10 ‘‘(A) the date that is 55 days after the 

11 date on which a validly requested absentee bal12 lot is required to be transmitted under para13 graph (8)(A); or 

14 ‘‘(B) the date on which the State certifies 

15 the election.’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(g) EXEMPTION OF CERTAIN STATES FROM CER19 TAIN TIME REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—A State is not required to 

21 comply with the requirements of paragraphs (8) and 

22 (9) of subsection (a) if, on and after the date of en23 actment of this subsection, the State has in effect a 

24 law providing that a State absentee ballot is re25 quired to be available to any absent uniformed servVerDate Nov 24 2008 03:21 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S1415.RS S1415

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1 ices voter or overseas voter not later than 55 days 

2 before the election for Federal office involved (deter3 mined beginning on the date on which the State 

4 transmits a blank absentee ballot to an absent uni5 formed services voter or overseas voter and ending 

6 on the deadline of the State for receipt of such ap7 plication). 

8 ‘‘(2) HARDSHIP EXEMPTION.— 

9 ‘‘(A) IN GENERAL.—If the chief State elec10 tion official determines that the State is unable 

11 to meet the requirements under such para12 graphs with respect to an election for Federal 

13 office due to an undue hardship described in 

14 subparagraph (B)(ii), the chief State election 

15 official shall request that the Presidential des16 ignee grant a waiver to the State of the applica17 tion of such paragraphs. Such request shall in18 clude— 

19 ‘‘(i) a recognition that the purpose of 

20 such paragraphs is to allow absent uni21 formed services voters and overseas voters 

22 enough time to vote in an election for Fed23 eral office; 

24 ‘‘(ii) an explanation of the hardship 

25 that indicates why the State is unable to 


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1 transmit absent uniformed services voters 

2 and overseas voters an absentee ballot in 

3 accordance with such paragraphs; 

4 ‘‘(iii) the number of days prior to the 

5 election for Federal office that the State 

6 requires absentee ballots be transmitted to 

7 absent uniformed services voters and over8 seas voters; and 

9 ‘‘(iv) a comprehensive plan to ensure 

10 that absent uniformed services voters and 

11 overseas voters are able to receive absentee 

12 ballots which they have requested and sub13 mit marked absentee ballots to the appro14 priate State election official in time to have 

15 that ballot counted in the election for Fed16 eral office, which includes— 

17 ‘‘(I) the steps the State will un18 dertake to ensure that absent uni19 formed services voters and overseas 

20 voters have time to receive, mark, and 

21 submit their ballots in time to have 

22 those ballots counted in the election; 

23 ‘‘(II) why the plan provides ab24 sent uniformed services voters and 

25 overseas voters sufficient time to vote 


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1 as a substitute for the requirements 

2 under such paragraphs; and 

3 ‘‘(III) the underlying factual in4 formation which explains how the plan 

5 provides such sufficient time to vote 

6 as a substitute for such requirements. 

7 ‘‘(B) APPROVAL OF WAIVER REQUEST.— 

8 The Presidential designee shall approve a waiv9 er request under subparagraph (A) if the Presi10 dential designee determines each of the fol11 lowing requirements are met: 

12 ‘‘(i) The comprehensive plan under 

13 clause (iv) of such subparagraph provides 

14 absent uniformed services voters and over15 seas voters sufficient time to receive absen16 tee ballots they have requested and submit 

17 marked absentee ballots to the appropriate 

18 State election official in time to have that 

19 ballot counted in the election for Federal 

20 office. 

21 ‘‘(ii) One or more of the following 

22 issues creates an undue hardship for the 

23 State: 

24 ‘‘(I) The State’s primary election 

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1 plying with such paragraphs (8) and 

2 (9). 

3 ‘‘(II) The State has suffered a 

4 delay in generating ballots due to a 

5 legal contest with respect to a primary 

6 election. 

7 ‘‘(III) The State Constitution 

8 prohibits the State from complying 

9 with such paragraphs. 

10 ‘‘(C) TIMING OF WAIVER.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided under clause (ii), a State that re13 quests a waiver under subparagraph (A) 

14 shall submit to the Presidential designee 

15 the written waiver request not later than 

16 90 days before the election for Federal of17 fice with respect to which the request is 

18 submitted. The Presidential designee shall 

19 approve or deny the waiver request not 

20 later than 65 days before such election. 

21 ‘‘(ii) EXCEPTION.—If a State requests 

22 a waiver under subparagraph (A) as the 

23 result of an undue hardship described in 

24 subparagraph (B)(ii)(II), the State shall 

25 submit to the Presidential designee the 


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1 written waiver request as soon as prac2 ticable. The Presidential designee shall ap3 prove or deny the waiver request not later 

4 than 5 business days after the date on 

5 which the request is received. 

6 ‘‘(D) APPLICATION OF WAIVER.—A waiver 

7 approved under subparagraph (B) shall only 

8 apply with respect to the election for Federal 

9 office for which the request was submitted. For 

10 each subsequent election for Federal office, the 

11 Presidential designee shall only approve a waiv12 er if the State has submitted a request under 

13 subparagraph (A) with respect to such elec14 tion.’’. 

15 (b) RUNOFF ELECTIONS.—Section 102(a) of the 

16 Uniformed and Overseas Citizens Absentee Voting Act (42 

17 U.S.C. 1973ff–1(a)), as amended by subsection (a), is 

18 amended— 

19 (1) in paragraph (8), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (9), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

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

24 paragraph: 


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1 ‘‘(10) if the State declares or otherwise holds a 

2 runoff election for Federal office, establish a written 

3 plan that provides absentee ballots are made avail4 able to absent uniformed services voters and over5 seas voters in manner that gives them sufficient 

6 time to vote in the runoff election.’’. 

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

8 this section shall apply with respect to the regularly sched9 uled general election for Federal office held in November 

10 2010 and each succeeding election for Federal office. 

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

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

13 1(a)(1)), as amended by section 5, is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1), by inserting ‘‘and, 

16 except as provided in subsection (g), transmit 

17 validly requested absentee ballots to such voters, 

18 in the case where the request is received at least 

19 45 days before an election for Federal office, not 

20 later than 45 days before the election’’ before the 

21 semicolon at the end; 

22 (B) in paragraph (6), by striking ‘‘and’’ at 

23 the end; 

24 (C) in paragraph (7), by striking the period 

25 at the end and inserting a semicolon; and 


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1 (D) by adding at the end the following new 

2 paragraph: 

3 ‘‘(8) transmit a validly requested absentee ballot 

4 to an absent uniformed services voter or overseas 

5 voter, in the case where the request is received less 

6 than 45 days before an election for Federal office— 

7 ‘‘(A) in accordance with State law; and 

8 ‘‘(B) if practicable and as determined ap9 propriate by the State, in a manner that expe10 dites the transmission of such absentee ballot.’’. 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(g) HARDSHIP EXEMPTION.— 

14 ‘‘(1) IN GENERAL.—If the chief State election of15 ficial determines that the State is unable to meet the 

16 requirement under subsection (a)(1) with respect to 

17 an election for Federal office due to an undue hard18 ship described in paragraph (2)(B), the chief State 

19 election official shall request that the Presidential des20 ignee grant a waiver to the State of the application 

21 of such subsection. Such request shall include— 

22 ‘‘(A) a recognition that the purpose of such 

23 subsection is to allow absent uniformed services 

24 voters and overseas voters enough time to vote in 

25 an election for Federal office; 


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1 ‘‘(B) an explanation of the hardship that 

2 indicates why the State is unable to transmit ab3 sent uniformed services voters and overseas voters 

4 an absentee ballot in accordance with such sub5 section; 

6 ‘‘(C) the number of days prior to the elec7 tion for Federal office that the State requires ab8 sentee ballots be transmitted to absent uniformed 

9 services voters and overseas voters; and 

10 ‘‘(D) a comprehensive plan to ensure that 

11 absent uniformed services voters and overseas 

12 voters are able to receive absentee ballots which 

13 they have requested and submit marked absentee 

14 ballots to the appropriate State election official 

15 in time to have that ballot counted in the elec16 tion for Federal office, which includes— 

17 ‘‘(i) the steps the State will undertake 

18 to ensure that absent uniformed services vot19 ers and overseas voters have time to receive, 

20 mark, and submit their ballots in time to 

21 have those ballots counted in the election; 

22 ‘‘(ii) why the plan provides absent uni23 formed services voters and overseas voters 

24 sufficient time to vote as a substitute for the 

25 requirements under such subsection; and 


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1 ‘‘(iii) the underlying factual informa2 tion which explains how the plan provides 

3 such sufficient time to vote as a substitute 

4 for such requirements. 

5 ‘‘(2) APPROVAL OF WAIVER REQUEST.—After 

6 consulting with the Attorney General, the Presidential 

7 designee shall approve a waiver request under para8 graph (1) if the Presidential designee determines each 

9 of the following requirements are met: 

10 ‘‘(A) The comprehensive plan under sub11 paragraph (D) of such paragraph provides ab12 sent uniformed services voters and overseas voters 

13 sufficient time to receive absentee ballots they 

14 have requested and submit marked absentee bal15 lots to the appropriate State election official in 

16 time to have that ballot counted in the election 

17 for Federal office. 

18 ‘‘(B) One or more of the following issues 

19 creates an undue hardship for the State: 

20 ‘‘(i) The State’s primary election date 

21 prohibits the State from complying with 

22 subsection (a)(1). 

23 ‘‘(ii) The State has suffered a delay in 

24 generating ballots due to a legal contest. 


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1 ‘‘(iii) The State Constitution prohibits 

2 the State from complying with such sub3 section. 

4 ‘‘(3) TIMING OF WAIVER.— 

5 ‘‘(A) IN GENERAL.—Except as provided 

6 under subparagraph (B), a State that requests a 

7 waiver under paragraph (1) shall submit to the 

8 Presidential designee the written waiver request 

9 not later than 90 days before the election for 

10 Federal office with respect to which the request 

11 is submitted. The Presidential designee shall ap12 prove or deny the waiver request not later than 

13 65 days before such election. 

14 ‘‘(B) EXCEPTION.—If a State requests a 

15 waiver under paragraph (1) as the result of an 

16 undue hardship described in paragraph 

17 (2)(B)(ii), the State shall submit to the Presi18 dential designee the written waiver request as 

19 soon as practicable. The Presidential designee 

20 shall approve or deny the waiver request not 

21 later than 5 business days after the date on 

22 which the request is received. 

23 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap24 proved under paragraph (2) shall only apply with re25 spect to the election for Federal office for which the 


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1 request was submitted. For each subsequent election 

2 for Federal office, the Presidential designee shall only 

3 approve a waiver if the State has submitted a request 

4 under paragraph (1) with respect to such election.’’. 

5 (b) RUNOFF ELECTIONS.—Section 102(a) of the Uni6 formed and Overseas Citizens Absentee Voting Act (42 

7 U.S.C. 1973ff–1(a)), as amended by subsection (a), is 

8 amended— 

9 (1) in paragraph (7), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (8), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new para14 graph: 

15 ‘‘(9) if the State declares or otherwise holds a 

16 runoff election for Federal office, establish a written 

17 plan that provides absentee ballots are made available 

18 to absent uniformed services voters and overseas voters 

19 in manner that gives them sufficient time to vote in 

20 the runoff election.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply with respect to the regularly scheduled 

23 general election for Federal office held in November 2010 

24 and each succeeding election for Federal office. 


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1 SEC. 6. 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 State election offi18 cials. 

19 ‘‘(b) UTILIZATION OF EXPRESS MAIL DELIVERY

20 SERVICES.—Under the procedures established under this 

21 section, the Presidential designee, working in conjunction 

22 with the United States Postal Service, shall implement 

23 procedures that provide absent uniformed services voters 

24 access to express mail delivery service for the purpose of 

25 mailing marked absentee ballots to the appropriate State 


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1 election official. Such procedures shall ensure that the fol2 lowing requirements are met: 

3 ‘‘(1) NO POSTAGE REQUIREMENT.—In accord4 ance with section 3406 of title 39, United States 

5 Code, such marked absentee ballots and other bal6 loting materials are carried free of postage. 

7 ‘‘(2) DATE OF MAILING.—Such marked absen8 tee ballots are postmarked with a record of the date 

9 on which the ballot is mailed. 

10 ‘‘(c) ABSENT OVERSEAS UNIFORMED SERVICES

11 VOTER DEFINED.—In this section, the term ‘absent over12 seas uniformed services voter’ means an overseas voter de13 scribed in section 107(5)(A).’’. 

14 (b) CONFORMING AMENDMENT.—Section 101(b) of 

15 such Act (42 U.S.C. 1973ff(b)) is amended— 

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

17 (6); 

18 (2) by striking the period at the end of para19 graph (7) and inserting ‘‘; and’’; and 

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

21 paragraph: 

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

23 collection and delivery of marked absentee ballots of 

24 absent overseas uniformed services voters in elec25 tions for Federal office.’’. 


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1 (c) TRACKING MARKED BALLOTS.—Section 102 of 

2 the Uniformed and Overseas Citizens Absentee Voting Act 

3 (42 U.S.C. 1973ff–1(a)), as amended by section 5, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(h) TRACKING MARKED BALLOTS.—The chief State 

7 election official, in coordination with local election jurisdic8 tions, shall develop a free access system by which an ab9 sent uniformed services voter or overseas voter may deter10 mine whether the absentee ballot of the absent uniformed 

11 services voter or overseas voter has been received by the 

12 appropriate State election official.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to the regularly sched15 uled general election for Federal office held in November 

16 2010 and each succeeding election for Federal office. 

17 SEC. 7. PROCEDURES FOR COLLECTION AND DELIVERY OF 

18 MARKED ABSENTEE BALLOTS OF ABSENT 

19 OVERSEAS UNIFORMED SERVICES VOTERS. 

20 (a) IN GENERAL.—The Uniformed and Overseas Citi21 zens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is 

22 amended by inserting after section 103 the following new 

23 section: 


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

2 OF MARKED ABSENTEE BALLOTS OF ABSENT 

3 OVERSEAS UNIFORMED SERVICES VOTERS. 

4 ‘‘(a) ESTABLISHMENT OF PROCEDURES.—The Presi5 dential designee shall establish procedures for collecting 

6 marked absentee ballots of absent overseas uniformed serv7 ices voters in regularly scheduled general elections for Fed8 eral office, including absentee ballots prepared by States 

9 and the Federal write-in absentee ballot prescribed under 

10 section 103, and for delivering such marked absentee ballots 

11 to the appropriate State election officials. 

12 ‘‘(b) DELIVERY TO LOCAL ELECTION OFFICIALS.— 

13 ‘‘(1) IN GENERAL.—Under the procedures estab14 lished under this section, the Presidential designee 

15 shall implement procedures that facilitate the delivery 

16 of marked absentee ballots of absent uniformed serv17 ices voters for regularly scheduled general elections for 

18 Federal office to the appropriate State election offi19 cials in accordance with this section. 

20 ‘‘(2) COOPERATION AND COORDINATION WITH

21 THE UNITED STATES POSTAL SERVICE.—The Presi22 dential designee shall carry out this section in co23 operation and coordination with the United States 

24 Postal Service, and shall provide expedited mail de25 livery service for all such marked absentee ballots of 

26 absent uniformed services voters that are collected on 


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1 or before the deadline described in paragraph (3) and 

2 then transferred to the United States Postal Service. 

3 ‘‘(3) DEADLINE DESCRIBED.— 

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

5 subparagraph (B), the deadline described in this 

6 paragraph is noon (in the location in which the 

7 ballot is collected) on the seventh day preceding 

8 the date of the regularly scheduled general elec9 tion for Federal office. 

10 ‘‘(B) AUTHORITY TO ESTABLISH ALTER11 NATIVE DEADLINE FOR CERTAIN LOCATIONS.—If 

12 the Presidential designee determines that the 

13 deadline described in subparagraph (A) is not 

14 sufficient to ensure timely delivery of the ballot 

15 under paragraph (1) with respect to a particular 

16 location because of remoteness or other factors, 

17 the Presidential designee may establish as an al18 ternative deadline for that location the latest 

19 date occurring prior to the deadline described in 

20 subparagraph (A) which is sufficient to provide 

21 timely delivery of the ballot under paragraph 

22 (1). 

23 ‘‘(4) NO POSTAGE REQUIREMENT.—In accord24 ance with section 3406 of title 39, United States 


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1 Code, such marked absentee ballots and other balloting 

2 materials shall be carried free of postage. 

3 ‘‘(5) DATE OF MAILING.—Such marked absentee 

4 ballots shall be postmarked with a record of the date 

5 on which the ballot is mailed. 

6 ‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNIFORMED

7 SERVICES VOTERS ON PROCEDURES.—The Presidential 

8 designee shall take appropriate actions to inform individ9 uals who are anticipated to be absent overseas uniformed 

10 services voters in a regularly scheduled general election for 

11 Federal office to which this section applies of the procedures 

12 for the collection and delivery of marked absentee ballots 

13 established pursuant to this section, including the manner 

14 in which such voters may utilize such procedures for the 

15 submittal of marked absentee ballots pursuant to this sec16 tion. 

17 ‘‘(d) REPORTS ON UTILIZATION OF PROCEDURES.— 

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

19 days after each regularly scheduled general election 

20 for Federal office to which this section applies, the 

21 Presidential designee shall submit to the relevant 

22 committees of Congress a report on the utilization of 

23 the procedures for the collection and delivery of 

24 marked absentee ballots established pursuant to this 

25 section during such election. 


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1 ‘‘(2) ELEMENTS.—Each report under paragraph 

2 (1) shall include, for the general election covered by 

3 such report, a description of the utilization of the pro4 cedures described in that paragraph during such gen5 eral election, including the number of marked absen6 tee ballots collected and delivered under such proce7 dures and the number of such ballots which were not 

8 delivered by the time of the closing of the polls on the 

9 date of the election (and the reasons such ballots were 

10 not so delivered). 

11 ‘‘(3) RELEVANT COMMITTEES OF CONGRESS DE12 FINED.—In this subsection, the term ‘relevant com13 mittees of Congress’ means— 

14 ‘‘(A) the Committees on Appropriations, 

15 Armed Services, and Rules and Administration 

16 of the Senate; and 

17 ‘‘(B) the Committees on Appropriations, 

18 Armed Services, and House Administration of 

19 the House of Representatives. 

20 ‘‘(e) ABSENT OVERSEAS UNIFORMED SERVICES VOTER

21 DEFINED.—In this section, the term ‘absent overseas uni22 formed services voter’ means an overseas voter described in 

23 section 107(5)(A). 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to the Presidential designee 

3 such sums as may be necessary to carry out this section.’’. 

4 (b) CONFORMING AMENDMENT.—Section 101(b) of 

5 such Act (42 U.S.C. 1973ff(b)) is amended— 

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

7 (6); 

8 (2) by striking the period at the end of para9 graph (7) and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new para11 graph: 

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

13 collection and delivery of marked absentee ballots of 

14 absent overseas uniformed services voters in elections 

15 for Federal office.’’. 

16 (c) STATE RESPONSIBILITIES.—Section 102(a) of such 

17 Act (42 U.S.C. 1973ff–1(a)), as amended by section 6, is 

18 amended— 

19 (1) in paragraph (8), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (9), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding the following new paragraph: 


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1 ‘‘(10) carry out section 103A(b)(1) with respect 

2 to the processing and acceptance of marked absentee 

3 ballots of absent overseas uniformed services voters.’’. 

4 (d) TRACKING MARKED BALLOTS.—Section 102 of 

5 such Act (42 U.S.C. 1973ff–1(a)), as amended by section 

6 6, is amended by adding at the end the following new sub7 section: 

8 ‘‘(h) TRACKING MARKED BALLOTS.—The chief State 

9 election official, in coordination with local election jurisdic10 tions, shall develop a free access system by which an absent 

11 uniformed services voter or overseas voter may determine 

12 whether the absentee ballot of the absent uniformed services 

13 voter or overseas voter has been received by the appropriate 

14 State election official.’’. 

15 (e) 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 individual designated under section 101(a) of the 

19 Uniformed and Overseas Citizens Absentee Voting Act 

20 (42 U.S.C. 1973ff(a)) shall submit to the relevant 

21 committees of Congress a report on the status of the 

22 implementation of the procedures established for the 

23 collection and delivery of marked absentee ballots of 

24 absent overseas uniformed services voters under sec25 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 such procedures and a detailed description of the spe4 cific steps taken towards such implementation for the 

5 regularly scheduled general election for Federal office 

6 held in November 2010. 

7 (3) RELEVANT COMMITTEES OF CONGRESS DE8 FINED.—In this subsection, the term ‘‘relevant com9 mittees of Congress’’ has the meaning given such term 

10 in section 103A(d)(3) of the Uniformed and Overseas 

11 Citizens Absentee Voting Act, as added by subsection 

12 (a). 

13 (f) PROTECTING VOTER PRIVACY AND SECRECY OF AB14 SENTEE BALLOTS.—Section 101(b) of the Uniformed and 

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

16 1973ff(b)), as amended by subsection (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 para22 graph: 

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

24 actions as may be necessary— 


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1 ‘‘(A) to ensure that absent uniformed serv2 ices voters who cast absentee ballots at locations 

3 or facilities under the jurisdiction of the Presi4 dential designee are able to do so in a private 

5 and independent manner; and 

6 ‘‘(B) to protect the privacy of the contents 

7 of absentee ballots cast by absentee uniformed 

8 services voters and overseas voters while such bal9 lots are in the possession or control of the Presi10 dential designee.’’. 

11 (g) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply with respect to the regularly scheduled 

13 general election for Federal office held in November 2010 

14 and each succeeding election for Federal office. 

15 SEC. 78. FEDERAL WRITE-IN ABSENTEE BALLOT. 

16 (a) USE IN GENERAL, SPECIAL, PRIMARY, AND RUN17 OFF ELECTIONS FOR FEDERAL OFFICE.— 

18 (1) IN GENERAL.—Section 103 of the Uni19 formed and Overseas Citizens Absentee Voting Act 

20 (42 U.S.C. 1973ff–2) is amended— 

21 (A) in subsection (a), by striking ‘‘general 

22 elections for Federal office’’ and inserting ‘‘gen23 eral, special, primary, and runoff elections for 

24 Federal office’’; 


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1 (B) in subsection (e), in the matter pre2 ceding paragraph (1), by striking ‘‘a general 

3 election’’ and inserting ‘‘a general, special, pri4 mary, or runoff election for Federal office’’; and 

5 (C) in subsection (f), by striking ‘‘the gen6 eral election’’ each place it appears and insert7 ing ‘‘the general, special, primary, or runoff 

8 election for Federal office’’. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by this subsection shall take effect on December 31, 

11 2010, and apply with respect to elections for Federal 

12 office held on or after such date. 

13 (b) PROMOTION AND EXPANSION OF USE.—Section 

14 103(a) of the Uniformed and Overseas Citizens Absentee 

15 Voting Act (42 U.S.C. 1973ff–2) is amended— 

16 (1) by striking ‘‘GENERAL.—The Presidential’’ 

17 and inserting ‘‘GENERAL.— 

18 ‘‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT.— 

19 The Presidential’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) PROMOTION AND EXPANSION OF USE OF

23 FEDERAL WRITE-IN ABSENTEE BALLOTS.— 

24 ‘‘(A) IN GENERAL.—Not later than De25 cember 31, 2011, the Presidential designee 


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1 shall adopt procedures to promote and expand 

2 the use of the Federal write-in absentee ballot 

3 as a back-up measure to vote in elections for 

4 Federal office. 

5 ‘‘(B) USE OF TECHNOLOGY.—Under such 

6 procedures, the Presidential designee shall uti7 lize technology to implement a system under 

8 which the absent uniformed services voter or 

9 overseas voter may— 

10 ‘‘(i) enter the address of the voter or 

11 other information relevant in the appro12 priate jurisdiction of the State, and the 

13 system will generate a list of all candidates 

14 in the election for Federal office in that ju15 risdiction; and 

16 ‘‘(ii) submit the marked Federal 

17 write-in absentee ballot by printing the bal18 lot (including complete instructions for 

19 submitting the marked Federal write-in ab20 sentee ballot to the appropriate State elec21 tion official and the mailing address of the 

22 single State office designated under section 

23 102(b)).’’. 


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1 SEC. 89. PROHIBITING REFUSAL TO ACCEPT VOTER REG2 ISTRATION AND ABSENTEE BALLOT APPLICA3 TIONS, MARKED ABSENTEE BALLOTS, AND 

4 FEDERAL WRITE-IN ABSENTEE BALLOTS FOR 

5 FAILURE TO MEET TECHNICALCERTAIN RE6 QUIREMENTS. 

7 (a) VOTER REGISTRATION AND ABSENTEE BALLOT

8 APPLICATIONS.—Section 102 of the Uniformed and Over9 seas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), 

10 as amended by section 67, is amended by adding at the 

11 end the following new subsection: 

12 ‘‘(i) PROHIBITING REFUSAL TO ACCEPT APPLICA13 TIONS FOR FAILURE TO MEET TECHNICALCERTAIN RE14 QUIREMENTS.—A State shall not refuse to accept and 

15 process any otherwise valid voter registration application 

16 or absentee ballot application (including the official post 

17 card form prescribed under section 101) or marked absen18 tee ballot submitted in any manner by an absent uni19 formed services voter or overseas voter solely on the basis 

20 of the following: 

21 ‘‘(1) Notarization requirements. 

22 ‘‘(2) Restrictions on paper type, including 

23 weight and size. 

24 ‘‘(3) Restrictions on envelope type, including 

25 weight and size.’’. 


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1 (b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Sec2 tion 103 of such Act (42 U.S.C. 1973ff–2) is amended— 

3 (1) by redesignating subsection (f) as sub4 section (g); and 

5 (2) by inserting after subsection (e) the fol6 lowing new subsection: 

7 ‘‘(f) PROHIBITING REFUSAL TO ACCEPT BALLOT

8 FOR FAILURE TO MEET TECHNICALCERTAIN REQUIRE9 MENTS.—A State shall not refuse to accept and process 

10 any otherwise valid Federal write-in absentee ballot sub11 mitted in any manner by an absent uniformed services 

12 voter or overseas voter solely on the basis of the following: 

13 ‘‘(1) Notarization requirements. 

14 ‘‘(2) Restrictions on paper type, including 

15 weight and size. 

16 ‘‘(3) Restrictions on envelope type, including 

17 weight and size.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply with respect to the regularly sched20 uled general election for Federal office held in November 

21 2010 and each succeeding election for Federal office. 

22 SEC. 910. FEDERAL VOTING ASSISTANCE PROGRAM IM23 PROVEMENTS. 

24 (a) FEDERAL VOTING ASSISTANCE PROGRAM IM25 PROVEMENTS.— 


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1 (1) IN GENERAL.—The Uniformed and Over2 seas Citizens Absentee Voting Act (42 U.S.C. 

3 13971973ff et seq.), as amended by section 67, is 

4 amended by inserting after section 103A the fol5 lowing new section: 

6 ‘‘SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IM7 PROVEMENTS. 

8 ‘‘(a) IN GENERAL.—The Presidential designee shall 

9 develop standards for training, supporting, and empha10 sizing Voting Assistance Officers under the Federal Vot11 ing Assistance Program of the Department of Defense— 

12 ‘‘(1) for all members of the uniformed services; 

13 and 

14 ‘‘(2) on all installations and facilities of the uni15 formed services in the United States and overseas. 

16 ‘‘(b) DUTIES.—The Presidential designee shall carry 

17 out the following duties: 

18 ‘‘(1) Assign Senior Voting Assistance Officers 

19 as follows: 

20 ‘‘(A)(i) Assign 1 Senior Voting Assistance 

21 Officer on each installation or facility and in 

22 each organization of the uniformed services, at 

23 the 0–6 level, to coordinate the programs con24 ducted by subordinate units and tenant com25 mands. 


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1 ‘‘(ii) To the extent practicable, subject to 

2 clause (iii), an individual assigned under this 

3 subparagraph as the Senior Voting Assistance 

4 Officer on an installation or facility or in an or5 ganization shall be an employee in a position at 

6 GS–12 or higher of the General Schedule, or, if 

7 a member of a uniformed service is so assigned, 

8 the member shall be in a pay grade of O–4 or 

9 higher. 

10 ‘‘(iii) In the case where the number of indi11 viduals on the installation or facility or in the 

12 organization at the 0–6 level is less than 50, 

13 the Senior Voting Assistance Officer shall be 

14 assigned at the next highest level that has at 

15 least 50 individual assigned to it. 

16 ‘‘(iv) To the extent practicable, each indi17 vidual assigned under this subparagraph shall 

18 notify individuals on the installation or facility 

19 or in the organization of the last date before a 

20 regularly scheduled general election for Federal 

21 office on which absentee ballots mailed from 

22 that installation, facility, or organization may 

23 reasonably be expected to be delivered in time 

24 to be counted in such election. 


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1 ‘‘(B) Assign 1 Senior Voting Assistance 

2 Officer to each reserve component at its head3 quarters level. 

4 ‘‘(2) Designate and assign in writing 1 Voting 

5 Assistance Officer to each unit, installation, or facil6 ity of the uniformed services for every 50 members 

7 of a uniformed service permanently assigned to the 

8 unit, installation, or facility. A member of a uni9 formed service assigned under the preceding sen10 tence shall hold a pay grade of not less than O–2 

11 for officers or E–7 for enlisted personnel. Voting As12 sistance Officers assigned under this paragraph shall 

13 operate under the guidance of Senior Voting Assist14 ance Officers assigned under paragraph (1). 

15 ‘‘(3) Ensure that Voting Assistance Officers are 

16 available and equipped to— 

17 ‘‘(A) personally assist absent uniformed 

18 services voters with respect to each election for 

19 Federal office; and 

20 ‘‘(B) ensure that any absent uniformed 

21 services voter who appears to need assistance in 

22 reading or understanding the English language 

23 on voter registration or voting materials re24 ceives immediate assistance with balloting mate25 rials in the appropriate language. 


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1 ‘‘(4) Provide Voting Assistance Officers with 

2 time and resources needed to perform their voting 

3 assistance duties, especially during even-numbered 

4 years. 

5 ‘‘(5) Develop online portals of information for 

6 use by Voting Assistance Officers— 

7 ‘‘(A) for training purposes; and 

8 ‘‘(B) to inform absent uniformed services 

9 voters regarding voter registration procedures 

10 and absentee ballot procedures to be used by 

11 such voters with respect to elections for Federal 

12 office. 

13 ‘‘(6) Establish a program to notify absent uni14 formed services voters of voter registration informa15 tion and resources, the availability of the Federal 

16 postcard application, and the availability of the Fed17 eral write-in absentee ballot on the military Global 

18 Network, and shall use the military Global Network 

19 to notify absent uniformed services voters of the 

20 foregoing 90, 60, and 30 days prior to each election 

21 for Federal office. 

22 ‘‘(7) Include, in the standard forms provided to 

23 a new member of the uniformed services during in24 processing upon arrival at installations and bases of 

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1 istration procedures and absentee ballot procedures 

2 to be used by absent uniformed services voters (in3 cluding the official post card form prescribed under 

4 section 101). 

5 ‘‘(8) Provide clear written notice and instruc6 tions for the absent uniformed services voter to 

7 change their address by submitting the official post 

8 card form prescribed under section 101 to the ap9 propriate State election official. 

10 ‘‘(9) Not later than December 31 of each year, 

11 transmit to the President and to Congress a report 

12 on the effectiveness of activities carried out under 

13 this section, including the activities and actions of 

14 the Federal Voting Assistance Program of the De15 partment of Defense, a separate assessment of voter 

16 registration and participation by absent uniformed 

17 overseas voters, a separate assessment of voter reg18 istration and participation by overseas voters who 

19 are not members of the uniformed services, and a 

20 description of the cooperation between the States 

21 and the Federal Government in carrying out this 

22 section. 

23 ‘‘(a) DUTIES.—The Presidential designee shall carry 

24 out the following duties: 


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1 ‘‘(1) Develop online portals of information to in2 form absent uniformed services voters regarding voter 

3 registration procedures and absentee ballot procedures 

4 to be used by such voters with respect to elections for 

5 Federal office. 

6 ‘‘(2) Establish a program to notify absent uni7 formed services voters of voter registration informa8 tion and resources, the availability of the Federal 

9 postcard application, and the availability of the Fed10 eral write-in absentee ballot on the military Global 

11 Network, and shall use the military Global Network 

12 to notify absent uniformed services voters of the fore13 going 90, 60, and 30 days prior to each election for 

14 Federal office. 

15 ‘‘(3) Not later than December 31 of each year, 

16 transmit to the President and to Congress a report on 

17 the effectiveness of activities carried out under this 

18 section, including the activities and actions of the 

19 Federal Voting Assistance Program of the Department 

20 of Defense, a separate assessment of voter registration 

21 and participation by absent uniformed overseas vot22 ers, a separate assessment of voter registration and 

23 participation by overseas voters who are not members 

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1 operation between the States and the Federal Govern2 ment in carrying out this section. 

3 ‘‘(b) ASSESSMENT OF EFFECTIVENESS OF VOTING AS4 SISTANCE OFFICER PROGRAM.—Not later than 90 days 

5 after the date of enactment of this subsection, the Presi6 dential designee shall submit to Congress a report con7 taining the following: 

8 ‘‘(1) A thorough and complete assessment of 

9 whether the Voting Assistance Officer Program of the 

10 Department of Defense, as configured and imple11 mented as of such date of enactment, is effectively as12 sisting members of the Armed Forces in exercising 

13 their right to vote. 

14 ‘‘(2) An inventory and explanation of any areas 

15 of voter assistance in which such Program has failed 

16 to accomplish its stated objectives and effectively as17 sist members of the Armed Forces in exercising their 

18 right to vote. 

19 ‘‘(3) A detailed plan for the implementation of 

20 a new program to replace such Program and supple21 ment, as needed, voter assistance activities required to 

22 be performed under this section. 

23 ‘‘(c) CLARIFICATION REGARDING OTHER DUTIES

24 AND OBLIGATIONS.—Nothing in this section shall relieve 

25 the Presidential designee of their duties and obligations 


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1 under any directives or regulations issued by the Depart2 ment of Defense, including the Department of Defense Di3 rective 1000.04 (or any successor directive or regulation) 

4 that is not inconsistent or contradictory to the provisions 

5 of this section. 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Federal Voting 

8 Assistance Program of the Department of Defense (or a 

9 successor program) such sums as are necessary for pur10 poses of carrying out this section.’’. 

11 (2) CONFORMING AMENDMENTS.—Section 101 

12 of such Act (42 U.S.C. 1973ff), as amended by sec13 tion 67, is amended— 

14 (A) in subparagraph (b)— 

15 (i) by striking ‘‘and’’ at the end of 

16 paragraph (7)(8); 

17 (ii) by striking the period at the end 

18 of paragraph (8)(9) and inserting ‘‘; and’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(9)(10) carry out section 103B with respect to 

23 Federal Voting Assistance Program Improvements.’’; 

24 and 


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1 (B) by adding at the end the following new 

2 subsection: 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR CAR4 RYING OUT FEDERAL VOTING ASSISTANCE PROGRAM IM5 PROVEMENTS.—There are authorized to be appropriated 

6 to the Presidential designee such sums as are necessary 

7 for purposes of carrying out subsection (b)(9)(10).’’. 

8 (b) TREATMENT OF MILITARY PAY, PERSONNEL, 

9 AND IDENTIFICATION OFFICES AND CERTAIN OTHER OF10 FICES AS VOTER REGISTRATION AGENCIES.—Section 102 

11 of the Uniformed and Overseas Citizens Absentee Voting 

12 Act (42 U.S.C. 1973ff–1), as amended by section 8, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(j) TREATMENT OF MILITARY PAY, PERSONNEL, 

16 AND IDENTIFICATION OFFICES AND CERTAIN OFFICES AS

17 VOTER REGISTRATION AGENCIES.— 

18 ‘‘(1) PAY, PERSONNEL, AND IDENTIFICATION

19 OFFICES OF THE DEPARTMENT OF DEFENSE.—Each 

20 State and the Secretary of Defense shall jointly de21 velop and implement procedures for persons to apply 

22 to register to vote at pay, personnel, and identifica23 tion offices of the Department of Defense. A pay, 

24 personnel, or identification office of the Department 

25 of Defense shall be considered to be a voter registraVerDate Nov 24 2008 03:21 Jul 17, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6401 E:\BILLS\S1415.RS S1415

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1 tion agency designated under section 7(a)(2) of the 

2 National Voter Registration Act of 1993 for all pur3 poses of such Act. 

4 ‘‘(2) DESIGNATION OF CERTAIN OFFICES AT

5 THE INSTALLATION LEVEL.— 

6 ‘‘(A) IN GENERAL.—A Secretary of a mili7 tary department may designate an office at the 

8 installation level, consistent across every instal9 lation of the department of the Secretary con10 cerned, to serve as a voter registration agency 

11 for that department. An office designated by 

12 the Secretary concerned under the preceding 

13 sentence shall be considered to be a voter reg14 istration agency designated under section 

15 7(a)(2) of such Act for all purposes of such 

16 Act. 

17 ‘‘(B) DEFINITION OF MILITARY DEPART18 MENT AND SECRETARY CONCERNED.—In this 

19 paragraph, the terms ‘military department’ and 

20 ‘Secretary concerned’ have the meaning given 

21 such terms in paragraphs (8) and (9), respec22 tively, of section 101 of title 10, United States 

23 Code. 


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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subsection.’’. 

4 (b) VOTER REGISTRATION ASSISTANCE FOR ABSENT

5 UNIFORMED SERVICES VOTERS.—Section 102 of the Uni6 formed and Overseas Citizens Absentee Voting Act (42 

7 U.S.C. 1973ff–1), as amended by section 9, is amended by 

8 adding at the end the following new subsection: 

9 ‘‘(j) VOTER REGISTRATION ASSISTANCE FOR ABSENT

10 UNIFORMED SERVICES VOTERS.— 

11 ‘‘(1) DESIGNATING AN OFFICE AS A VOTER REG12 ISTRATION AGENCY ON EACH INSTALLATION OF THE

13 ARMED FORCES.—Not later than 180 days after the 

14 date of enactment of this subsection, each Secretary of 

15 a military department shall take appropriate actions 

16 to designate an office on each installation of the 

17 Armed Forces under the jurisdiction of such Secretary 

18 (excluding any installation in a theater of combat), 

19 consistent across every installation of the department 

20 of the Secretary concerned, to provide each individual 

21 described in paragraph (3)— 

22 ‘‘(A) written information on voter registra23 tion procedures and absentee ballot procedures 

24 (including the official post card form prescribed 

25 under section 101); 


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1 ‘‘(B) the opportunity to register to vote in 

2 an election for Federal office; 

3 ‘‘(C) the opportunity to update the individ4 ual’s voter registration information, including 

5 clear written notice and instructions for the ab6 sent uniformed services voter to change their ad7 dress by submitting the official post card form 

8 prescribed under section 101 to the appropriate 

9 State election official; and 

10 ‘‘(D) the opportunity to request an absentee 

11 ballot under this Act. 

12 ‘‘(2) DEVELOPMENT OF PROCEDURES.—Each 

13 Secretary of a military department shall develop, in 

14 consultation with each State and the Presidential des15 ignee, the procedures necessary to provide the assist16 ance described in paragraph (1). 

17 ‘‘(3) INDIVIDUALS DESCRIBED.—The following 

18 individuals are described in this paragraph: 

19 ‘‘(A) An absent uniformed services voter— 

20 ‘‘(i) who is undergoing a permanent 

21 change of duty station; 

22 ‘‘(ii) who is deploying overseas for at 

23 least 6 months; 

24 ‘‘(iii) who is or returning from an 

25 overseas deployment of at least 6 months; or 


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1 ‘‘(iv) who at any time requests assist2 ance related to voter registration. 

3 ‘‘(B) All other absent uniformed services 

4 voters (as defined in section 107(1)). 

5 ‘‘(4) TIMING OF PROVISION OF ASSISTANCE.— 

6 The assistance described in paragraph (1) shall be 

7 provided to an absent uniformed services voter— 

8 ‘‘(A) described in clause (i) of paragraph 

9 (3)(A), as part of the administrative in-proc10 essing of the member upon arrival at the new 

11 duty station of the absent uniformed services 

12 voter; 

13 ‘‘(B) described in clause (ii) of such para14 graph, as part of the administrative in-proc15 essing of the member upon deployment from the 

16 home duty station of the absent uniformed serv17 ices voter; 

18 ‘‘(C) described in clause (iii) of such para19 graph, as part of the administrative in-proc20 essing of the member upon return to the home 

21 duty station of the absent uniformed services 

22 voter; 

23 ‘‘(D) described in clause (iv) of such para24 graph, at any time the absent uniformed services 

25 voter requests such assistance; and 


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1 ‘‘(E) described in paragraph (3)(B), at any 

2 time the absent uniformed services voter requests 

3 such assistance. 

4 ‘‘(5) PAY, PERSONNEL, AND IDENTIFICATION OF5 FICES OF THE DEPARTMENT OF DEFENSE.—The Sec6 retary of Defense may designate pay, personnel, and 

7 identification offices of the Department of Defense for 

8 persons to apply to register to vote, update the indi9 vidual’s voter registration information, and request 

10 an absentee ballot under this Act. 

11 ‘‘(6) TREATMENT OF OFFICES DESIGNATED AS

12 VOTER REGISTRATION AGENCIES.—An office des13 ignated under paragraph (1) or (5) shall be consid14 ered to be a voter registration agency designated 

15 under section 7(a)(2) of the National Voter Registra16 tion Act of 1993 for all purposes of such Act. 

17 ‘‘(7) OUTREACH TO ABSENT UNIFORMED SERV18 ICES VOTERS.—The Secretary of each military de19 partment or the Presidential designee shall take ap20 propriate actions to inform absent uniformed services 

21 voters of the assistance available under this subsection 

22 including— 

23 ‘‘(A) the availability of voter registration 

24 assistance at offices designated under paragraphs 

25 (1) and (5); and 


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1 ‘‘(B) the time, location, and manner in 

2 which an absent uniformed voter may utilize 

3 such assistance. 

4 ‘‘(8) REPORTS.— 

5 ‘‘(A) REPORT ON STATUS OF IMPLEMENTA6 TION.— 

7 ‘‘(i) REPORT REQUIRED.—Not later 

8 than 180 days after the date of enactment 

9 of this subsection, the Secretary of each 

10 military department or the Presidential 

11 designee shall submit to the relevant com12 mittees of Congress a report on the status of 

13 the implementation of this subsection. 

14 ‘‘(ii) ELEMENTS.—The report under 

15 clause (i) shall include a detailed descrip16 tion of the specific steps taken towards the 

17 implementation of this subsection, including 

18 the designation of offices under paragraphs 

19 (1) and (5). 

20 ‘‘(B) REPORT ON UTILIZATION OF VOTER

21 REGISTRATION ASSISTANCE.— 

22 ‘‘(i) REPORTS REQUIRED.—Not later 

23 than 1 year after the date of the enactment 

24 of this subsection, the Secretary of each 

25 military department or the Presidential 


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1 designee shall submit to the relevant com2 mittees of Congress a report on the utiliza3 tion of voter registration assistance pro4 vided under this subsection. 

5 ‘‘(ii) ELEMENTS.—The report under 

6 clause (i) shall include— 

7 ‘‘(I) a description of the specific 

8 programs implemented by each mili9 tary department of the Armed Forces 

10 pursuant to this subsection; and 

11 ‘‘(II) the number of absent uni12 formed services voters who utilized 

13 voter registration assistance provided 

14 under this section. 

15 ‘‘(9) DEFINITIONS.—In this subsection: 

16 ‘‘(A) MILITARY DEPARTMENT AND SEC17 RETARY CONCERNED.—The terms ‘military de18 partment’ and ‘Secretary concerned’ have the 

19 meaning given such terms in paragraphs (8) and 

20 (9), respectively, of section 101 of title 10, 

21 United States Code. 

22 ‘‘(B) RELEVANT COMMITTEES OF CON23 GRESS.—The term ‘relevant committees of Con24 gress’ means— 


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1 ‘‘(i) the Committees on Appropria2 tions, Armed Services, and Rules and Ad3 ministration of the Senate; and 

4 ‘‘(ii) the Committees on Appropria5 tions, Armed Services, and House Adminis6 tration of the House of Representatives. 

7 ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated such sums as 

9 are necessary to carry out this subsection.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply with respect to the regularly sched12 uled general election for Federal office held in November 

13 2010 and each succeeding election for Federal office. 

14 SEC. 1011. DEVELOPMENT OF STANDARDS FOR REPORTING 

15 AND STORING CERTAIN DATA. 

16 (a) IN GENERAL.—Section 101(b) of such Act (42 

17 U.S.C. 1973ff(b)), as amended by section 910, is amend18 ed— 

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

20 (8)(9); 

21 (2) by striking the period at the end of para22 graph (9)(10) and inserting ‘‘; and’’; and 

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

24 paragraph: 


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1 ‘‘(10)(11) working with the Election Assistance 

2 Commission and the chief State election official of 

3 each State, develop standards— 

4 ‘‘(A) for States to report data on the num5 ber of absentee ballots transmitted and received 

6 under section 102(c) and such other data as the 

7 Presidential designee determines appropriate; 

8 and 

9 ‘‘(B) for the Presidential designee to store 

10 the data reported.’’. 

11 (b) CONFORMING AMENDMENT.—Section 102(a) of 

12 such Act (42 U.S.C. 1973ff–1(a)), as amended by section 

13 57, is amended— 

14 (1) in paragraph (9), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (10), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

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

19 paragraph: 

20 ‘‘(11) report data on the number of absentee 

21 ballots transmitted and received under section 

22 102(c) and such other data as the Presidential des23 ignee determines appropriate in accordance with the 

24 standards developed by the Presidential designee 

25 under section 101(b)(10)(11).’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to the regularly sched3 uled general election for Federal office held in November 

4 2010 and each succeeding election for Federal office. 

5 SEC. 12. REPEAL OF PROVISIONS RELATING TO USE OF SIN6 GLE APPLICATION FOR ALL SUBSEQUENT 

7 ELECTIONS. 

8 (a) IN GENERAL.—Subsections (a) through (d) of sec9 tion 104 of the Uniformed and Overseas Citizens Absentee 

10 Voting Act (42 U.S.C. 1973ff–3) are repealed. 

11 (b) CONFORMING AMENDMENTS.—The Uniformed and 

12 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 

13 seq.) is amended— 

14 (1) in section 101(b)— 

15 (A) in paragraph (2), by striking ‘‘, for use 

16 by States in accordance with section 104’’; and 

17 (B) in paragraph (4), by striking ‘‘for use 

18 by States in accordance with section 104’’; and 

19 (2) in section 104, as amended by subsection 

20 (a)— 

21 (A) in the section heading, by striking 

22 ‘‘USE OF SINGLE APPLICATION FOR ALL

23 SUBSEQUENT ELECTIONS’’ and inserting 

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1 TIONS ON GROUNDS OF EARLY SUBMIS2 SION’’; and 

3 (B) in subsection (e), by striking ‘‘(e) PRO4 HIBITION OF REFUSAL OF APPLICATIONS ON

5 GROUNDS OF EARLY SUBMISSION.—’’. 

6 SEC. 1113. ANNUAL REPORT ON ENFORCEMENT. 

7 Section 105 of the Uniformed and Overseas Citizens 

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

9 (1) by striking ‘‘The Attorney’’ and inserting 

10 ‘‘(a) IN GENERAL.—The Attorney’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(b) REPORT TO CONGRESS.—Not later than Decem14 ber 31 of each year, the Attorney General shall submit 

15 to Congress an annual report on any civil action brought 

16 under subsection (a) during the preceding year.’’. 

17 SEC. 1214. REQUIREMENTS PAYMENTS. 

18 (a) USE OF FUNDS.—Section 251(b) of the Help 

19 America Vote Act of 2002 (42 U.S.C. 15401(b)) is amend20 ed— 

21 (1) in paragraph (1), by striking ‘‘paragraph 

22 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(3) ACTIVITIES UNDER UNIFORMED AND

2 OVERSEAS CITIZENS ABSENTEE VOTING ACT.—A 

3 State shall use a requirements payment made using 

4 funds appropriated pursuant to the authorization 

5 under section 257(4) only to meet the requirements 

6 under the Uniformed and Overseas Citizens Absen7 tee Voting Act imposed as a result of the provisions 

8 of and amendments made by the Military and Over9 seas Voter Empowerment Act.’’. 

10 (b) REQUIREMENTS.— 

11 (1) STATE PLAN.—Section 254 of the Help 

12 America Vote Act of 2002 (42 U.S.C. 15404) is 

13 amended— 

14 (A) in subsection (a), by striking ‘‘The 

15 State’’ and inserting ‘‘Subject to subsection (c), 

16 the State’’; 

17 (B) by redesignating subsection (c) as sub18 section (d); and 

19 (C) by inserting after subsection (b) the 

20 following new subsection: 

21 ‘‘(c) STATE PLAN FOR CERTAIN REQUIREMENTS

22 PAYMENTS.—In the case ofIn the case where a State is 

23 seeking a requirements payment made using funds appro24 priated pursuant to the authorization under section 

25 257(4), the State plan shall contain a description of how 


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1 the State will use such requirements payment to meet the 

2 requirements under the Uniformed and Overseas Absentee 

3 Voting Act imposed as a result of the provisions of and 

4 amendments made by the Military and Overseas Voter 

5 Empowerment Act.’’. 

6 (2) CONFORMING AMENDMENTS.—Section 

7 253(b) of the Help America Vote Act of 2002 (42 

8 U.S.C. 15403(b)) is amended— 

9 (A) in paragraph (1)(A), by striking ‘‘sec10 tion 254’’ and inserting ‘‘subsection (a) of sec11 tion 254 (or, in the case ofin the case where a 

12 State is seeking a requirements payment made 

13 using funds appropriated pursuant to the au14 thorization under section 257(4), subsection (c) 

15 of such section)’’; and 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘(2) The State’’ and 

18 inserting ‘‘(2)(A) Subject to subparagraph 

19 (B), the State’’; and 

20 (ii) by inserting after subparagraph 

21 (A), as added by clause (i), the following 

22 new subparagraph: 

23 ‘‘(B) The requirement under subparagraph (A) 

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1 ment made using funds appropriated pursuant to 

2 the authorization under section 257(4).’’. 

3 (c) AUTHORIZATION.—Section 257 of the Help 

4 America Vote Act of 2002 (42 U.S.C. 15407) is amended 

5 by adding at the end the following new paragraph: 

6 ‘‘(4) For fiscal year 2010 and subsequent fiscal 

7 years, such sums as are necessary for purposes of 

8 making requirements payments to States to carry 

9 out the activities described in section 251(b)(3).’’. 

10 SEC. 1315. TECHNOLOGY PILOT PROGRAM. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ABSENT UNIFORMED SERVICES VOTER.— 

13 The term ‘‘absent uniformed services voter’’ has the 

14 meaning given such term in section 107(a) of the 

15 Uniformed and Overseas Citizens Absentee Voting 

16 Act (42 U.S.C. 1973ff et seq.). 

17 (2) OVERSEAS VOTER.—The term ‘‘overseas 

18 voter’’ has the meaning given such term in section 

19 107(5) of such Act. 

20 (3) PRESIDENTIAL DESIGNEE.—The term 

21 ‘‘Presidential designee’’ means the individual des22 ignated under section 101(a) of such Act. 

23 (b) ESTABLISHMENT.— 

24 (1) IN GENERAL.—The Presidential designee 

25 may establish 1 or more pilot programs under which 


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1 the feasibility of new election technology is tested for 

2 the benefit of absent uniformed services voters and 

3 overseas voters claiming rights under the Uniformed 

4 and Overseas Citizens Absentee Voting Act (42 

5 U.S.C. 1973ff et seq.). 

6 (2) DESIGN AND CONDUCT.—The design and 

7 conduct of a pilot program established under this 

8 subsection— 

9 (A) shall be at the discretion of the Presi10 dential designee; and 

11 (B) shall not conflict with or substitute for 

12 existing laws, regulations, or procedures with 

13 respect to the participation of absent uniformed 

14 services voters and military voters in elections 

15 for Federal office. 

16 (c) CONSIDERATIONS.—In conducting a pilot pro17 gram established under subsection (b), the Presidential 

18 designee may consider the following issues: 

19 (1) The transmission of electronic voting mate20 rial across military networks. 

21 (2) Virtual private networks, cryptographic vot22 ing systems, centrally controlled voting stations, and 

23 other information security techniques. 

24 (3) The transmission of ballot representations 

25 and scanned pictures in a secure manner. 


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1 (4) Capturing, retaining, and comparing elec2 tronic and physical ballot representations. 

3 (5) Utilization of voting stations at military 

4 bases. 

5 (6) Document delivery and upload systems. 

6 (7) The functional effectiveness of the applica7 tion or adoption of the pilot program to operational 

8 environments, taking into account environmental 

9 and logistical obstacles and State procedures. 

10 (d) REPORTS.—The Presidential designee shall sub11 mit to Congress reports on the progress and outcomes of 

12 any pilot program conducted under this subsection, to13 gether with recommendations— 

14 (1) for the conduct of additional pilot programs 

15 under this section; and 

16 (2) for such legislation and administrative ac17 tion as the Presidential designee determines appro18 priate. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section. 


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Calendar No. 114 

111TH CONGRESS 

1ST SESSION S. 1415 

A BILL 

To amend the Uniformed and Overseas Citizens 

purposes. sentee ballots cast and counted, and for other opportunity to register to vote and have their abaware of their voting rights and have a genuine formed services voters and overseas voters are Absentee Voting Act to ensure that absent uniJULY 16, 2009 

Reported with amendments 


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