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[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Pages S10394-S10396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                 MILITARY VOTING PROTECTION ACT OF 2008

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Committee 
on Rules and Administration be discharged from further consideration of 
S. 3073, and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3073) to amend the Uniformed and Overseas 
     Citizens Absentee Voting Act to improve procedures for the 
     collection and delivery of absentee ballots of absent 
     overseas uniformed services voters, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the Cornyn-
Feinstein substitute amendment at the desk be agreed to, the bill, as 
amended, be read a third time and passed, the motions to reconsider be 
laid upon the table, and any statements relating to the measure be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5690) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
                   ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED 
                   SERVICES VOTERS.

       (a) Procedures.--
       (1) 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:

[[Page S10395]]

     ``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 Federal write-in 
     absentee ballots prescribed under section 103, and for 
     delivering the ballots to the appropriate election officials.
       ``(b) Ensuring Delivery Prior to Closing of Polls.--
       ``(1) In general.--Under the procedures established under 
     this section, the Presidential designee shall ensure that any 
     marked absentee ballot for a regularly scheduled general 
     election for Federal office which is collected prior to the 
     deadline described in paragraph (3) is delivered to the 
     appropriate election official in a State prior to the time 
     established by the State for the closing of the polls on the 
     date of the election.
       ``(2) Contract with express mail providers.--
       ``(A) In general.--The Presidential designee shall carry 
     out this section by contract with one or more providers of 
     express mail services.
       ``(B) Special rule for voters in jurisdictions using post 
     office boxes for collection of marked absentee ballots.--In 
     the case of an absent uniformed services voter who wishes to 
     use the procedures established under this section and whose 
     marked absentee ballot is required by the appropriate 
     election official to be delivered to a post office box, the 
     Presidential designee shall enter into an agreement with the 
     United States Postal Service for the delivery of the ballot 
     to the election official under the procedures established 
     under this section.
       ``(3) Deadline described.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the deadline described in this paragraph is noon (in the 
     location in which the ballot is collected) on the last 
     Tuesday that precedes the date of the election.
       ``(B) Authority to establish alternative deadline for 
     certain locations.--If the Presidential designee determines 
     that the deadline described in subparagraph (A) is not 
     sufficient to ensure timely delivery of the ballot under 
     paragraph (1) with respect to a particular location because 
     of remoteness or other factors, the Presidential designee may 
     establish as an alternative deadline for that location the 
     latest date occurring prior to the deadline described in 
     subparagraph (A) which is sufficient to ensure timely 
     delivery of the ballot under paragraph (1).
       ``(4) Prohibition on refusal by states to accept marked 
     absentee ballots not delivered by postal service or in 
     person.--A State may not refuse to accept or process any 
     marked absentee ballot delivered under the procedures 
     established under this section on the grounds that the ballot 
     is received by the State other than through delivery by the 
     United States Postal Service.
       ``(c) Tracking Mechanism.--Under the procedures established 
     under this section, the entity responsible for delivering 
     marked absentee ballots to the appropriate election officials 
     shall implement procedures to enable any individual whose 
     ballot for a regularly scheduled general election for Federal 
     office is collected by the Presidential designee to determine 
     whether the ballot has been delivered to the appropriate 
     election official, using the Internet, an automated telephone 
     system, or such other methods as the entity may provide.
       ``(d) 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).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Presidential designee 
     such sums as may be necessary to carry out this section.''.
       (2) Effective date.--Section 103A of the Uniformed and 
     Overseas Citizens Absentee Voting Act, as added by this 
     subsection, shall apply with respect to each regularly 
     scheduled general election for Federal office held on or 
     after November 1, 2010.
       (b) Conforming Amendments.--
       (1) Federal responsibilities.--Section 101(b) of such Act 
     (42 U.S.C. 1973ff(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (6);
       (B) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (C) 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.''.
       (2) State responsibilities.--Section 102(a) of such Act (42 
     U.S.C. 1973ff--1(a)) is amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(6) carry out section 103A(b)(2) with respect to the 
     processing and acceptance of marked absentee ballots of 
     absent overseas uniformed services voters.''.
       (c) Outreach for Absent Overseas Uniformed Services Voters 
     on Procedures.--The Presidential designee shall take 
     appropriate actions to inform individuals who are anticipated 
     to be absent overseas uniformed services voters in the 
     regularly scheduled general election for Federal office held 
     in November 2008 of the procedures for the collection and 
     delivery of marked absentee ballots established pursuant to 
     section 103A of the Uniformed and Overseas Citizens Absentee 
     Voting Act, as added by subsection (a), including the manner 
     in which such voters may utilize such procedures for the 
     submittal of marked absentee ballots in regularly scheduled 
     elections for Federal office.
       (d) Reports on Utilization of Procedures.--
       (1) Reports required.--Not later than 180 days after each 
     regularly scheduled general election for Federal office held 
     after January 1, 2008, the Presidential designee shall submit 
     to the congressional defense committees a report on the 
     utilization of the procedures for the collection and delivery 
     of marked absentee ballots established pursuant to section 
     103A of the Uniformed and Overseas Citizens Absentee Voting 
     Act, as so added, during such general election.
       (2) Elements.--Each report under paragraph (1) shall 
     include, for the general election covered by such report, a 
     description of the utilization of the procedures described in 
     that paragraph during such general election, including the 
     number of marked absentee ballots collected and delivered 
     under such procedures.
       (e) Report on Status of Implementation.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Presidential designee 
     shall submit to the congressional defense committees a report 
     on the status of the implementation of the program for the 
     collection and delivery of marked absentee ballots 
     established pursuant to section 103A of the Uniformed and 
     Overseas Citizens Absentee Voting Act, as added by subsection 
     (a).
       (2) Elements.--The report under paragraph (1) shall include 
     a status of the implementation of the program and a detailed 
     description of the specific steps taken towards its 
     implementation for November 2009 and November 2010.
       (f) Definitions.--In this section:
       (1) The term ``absent overseas uniformed services voter'' 
     has the meaning given that term in section 103A(d) of the 
     Uniformed and Overseas Citizens Absentee Voting Act, as added 
     by subsection (a).
       (2) The term ``Presidential designee'' means the official 
     designated under section 101(a) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).
       (3) The term ``congressional defense committees'' means--
       (A) the Committee on Armed Services and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 2. PROHIBITION ON REFUSAL TO ACCEPT VOTER REGISTRATION 
                   AND ABSENTEE BALLOT APPLICATIONS AND FEDERAL 
                   WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET 
                   NONESSENTIAL REQUIREMENTS.

       (a) Voter Registration and Absentee Ballot Applications.--
       (1) Prohibiting refusal to accept applications for failure 
     to meet nonessential requirements.--Section 102 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1) is amended by adding at the end the 
     following new subsection:
       ``(e) Prohibiting Refusal To Accept Applications for 
     Failure To Meet Nonessential Requirements.--A State shall 
     accept and process any otherwise valid voter registration 
     application or absentee ballot application (including the 
     official post card form prescribed under section 101) 
     submitted in any manner by an absent uniformed services voter 
     or overseas voter that contains the information required on 
     the official post card form prescribed under section 101 
     (other than information which the Presidential designee, in 
     consultation with the Election Assistance Commission and the 
     Election Assistance Commission Board of Advisors under 
     section 214 of the Help America Vote Act of 2002 (42 U.S.C. 
     15344), determines, under regulations promulgated by the 
     Presidential designee, is not clearly necessary to prevent 
     fraud in the conduct of elections).''.
       (2) Effective date.--Subsection (e) of section 102 of the 
     Uniformed and Overseas Citizens Absentee Voting Act, as added 
     by this subsection, shall apply with respect to each 
     regularly scheduled general election for Federal office held 
     on or after November 1, 2010.
       (b) Federal Write-in Absentee Ballot.--
       (1) Prohibiting refusal to accept ballot for failure to 
     meet nonessential requirements.--Section 103 of such Act (42 
     U.S.C. 1973ff-2) is amended--
       (A) by redesignating subsection (f) as subsection (g); and
       (B) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Prohibiting Refusal To Accept Ballot for Failure To 
     Meet Nonessential Requirements.--A State shall accept and 
     process any otherwise valid Federal write-in absentee ballot 
     submitted in any manner by an absent uniformed services voter 
     or overseas voter that contains the information required to 
     be submitted with such ballot by the Presidential designee 
     (other than information which the Presidential designee, in 
     consultation with the Election Assistance Commission and the 
     Election Assistance Commission

[[Page S10396]]

     Board of Advisors under section 214 of the Help America Vote 
     Act of 2002 (42 U.S.C. 15344), determines, under regulations 
     promulgated by the Presidential designee, is not clearly 
     necessary to prevent fraud in the conduct of elections).''.
       (2) Effective date.--Subsection (f) of section 102 of the 
     Uniformed and Overseas Citizens Absentee Voting Act, as 
     amended by this subsection, shall apply with respect to each 
     regularly scheduled general election for Federal office held 
     on or after November 1, 2010.

  The bill (S. 3073), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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