I 

110TH CONGRESS 

2D SESSION H. R. 5673 

To amend the Uniformed and Overseas Citizens Absentee Voting Act to 

direct the Secretary of Defense to collect absentee ballots of absent 

overseas uniformed services voters for elections for Federal office and 

deliver the ballots to State election officials prior to the time established 

for the closing of the polls on the date of the election, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2008 

Mr. MCCARTHY of California (for himself, Mr. EHLERS, and Mr. DANIEL E. 

LUNGREN of California) introduced the following bill; which was referred 

to the Committee on House Administration 

A BILL 

To amend the Uniformed and Overseas Citizens Absentee 

Voting Act to direct the Secretary of Defense to collect 

absentee ballots of absent overseas uniformed services 

voters for elections for Federal office and deliver the 

ballots to State election officials prior to the time established for the closing of the polls on the date of the 

election, 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, 


yshivers on PROD1PC62 with BILLS
2 

•HR 5673 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Military Voting Protec3 tion Act of 2008’’. 

4 SEC. 2. REQUIRING COLLECTION AND DELIVERY OF ABSEN5 TEE BALLOTS OF ABSENT OVERSEAS UNI6 FORMED SERVICES VOTERS. 

7 (a) REQUIRING COLLECTION AND DELIVERY BY SEC8 RETARY OF DEFENSE.—The Uniformed and Overseas 

9 Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) 

10 is amended by inserting after section 103 the following 

11 new section: 

12 ‘‘SEC. 103A. COLLECTION AND DELIVERY OF ABSENTEE 

13 BALLOTS OF ABSENT OVERSEAS UNIFORMED 

14 SERVICES VOTERS. 

15 ‘‘(a) COLLECTION.—The Presidential designee shall 

16 establish procedures for collecting absentee ballots of ab17 sent overseas uniformed services voters in elections for 

18 Federal office, including absentee ballots prepared by 

19 States and the Federal write-in absentee ballot prescribed 

20 under section 103, and for delivering the ballots to the 

21 appropriate State election officials. 

22 ‘‘(b) ENSURING DELIVERY PRIOR TO CLOSING OF

23 POLLS.— 

24 ‘‘(1) IN GENERAL.—Under the procedures es25 tablished under this section, the Presidential des26 ignee shall ensure that any absentee ballot collected 


yshivers on PROD1PC62 with BILLS
3 

•HR 5673 IH

1 prior to the applicable deadline described in para2 graph (2) is delivered to the appropriate State elec3 tion official prior to the time established by the 

4 State for the closing of the polls on the date of the 

5 election. 

6 ‘‘(2) APPLICABLE DEADLINE.—The applicable 

7 deadline described in this paragraph is— 

8 ‘‘(A) noon (in the location in which the 

9 ballot is collected) on the last Friday that pre10 cedes the date of the election involved, in the 

11 case of a regularly scheduled general election 

12 for Federal office; or 

13 ‘‘(B) noon (in the location in which the 

14 ballot is collected) on the fourth day that imme15 diately precedes the date of the election in16 volved, in the case of any other election for 

17 Federal office. 

18 ‘‘(c) USE OF CONTRACTORS.— 

19 ‘‘(1) USE OF CONTRACTOR PERMITTED.—To 

20 the greatest extent practicable, the Presidential des21 ignee shall carry out this section by contract with a 

22 private provider of air transportation. 

23 ‘‘(2) TRACKING MECHANISM.—Any contract en24 tered into pursuant to paragraph (1) shall include a 

25 requirement that the private provider of air transVerDate Aug 31 2005 07:52 Apr 04, 2008 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5673.IH H5673

yshivers on PROD1PC62 with BILLS
4 

•HR 5673 IH

1 portation implement procedures to enable any indi2 vidual whose absentee ballot is collected by the Pres3 idential designee under the procedures established 

4 under this section to track the progress of the ballot 

5 using the Internet, an automated telephone system, 

6 or such other methods as may be provided under the 

7 contract. 

8 ‘‘(d) ABSENT OVERSEAS UNIFORMED SERVICES

9 VOTER DEFINED.—In this section, the term ‘absent over10 seas uniformed services voter’ means an overseas voter de11 scribed in section 107(5)(A). 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Presidential des14 ignee such sums as may be necessary to carry out this 

15 section. Any amounts appropriated pursuant to the au16 thorization under this subsection shall remain available 

17 until expended without fiscal year limitation.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) FEDERAL RESPONSIBILITIES.—Section 

20 101(b) of such Act (42 U.S.C. 1973ff(b)) is amend21 ed— 

22 (A) by striking ‘‘and’’ at the end of para23 graph (6); 

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

25 paragraph (7) and inserting ‘‘; and’’; and 


yshivers on PROD1PC62 with BILLS
5 

•HR 5673 IH

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

2 paragraph: 

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

4 collection and delivery of absentee ballots of absent 

5 overseas uniformed services voters in elections for 

6 Federal office.’’. 

7 (2) STATE RESPONSIBILITIES.—Section 102(a) 

8 of such Act (42 U.S.C. 1973ff–1(a)) is amended— 

9 (A) by striking ‘‘and’’ at the end of para10 graph (4); 

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

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

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

14 paragraph: 

15 ‘‘(6) carry out section 103A(b)(2) with respect 

16 to the processing and acceptance of absentee ballots 

17 of absent overseas uniformed services voters.’’. 

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 2008 and each succeeding election for Federal office. 


yshivers on PROD1PC62 with BILLS
6 

•HR 5673 IH

1 SEC. 3. PROTECTING VOTER PRIVACY AND SECRECY OF AB2 SENTEE BALLOTS. 

3 Section 101(b) of the Uniformed and Overseas Citi4 zens Absentee Voting Act (42 U.S.C. 1973ff(b)), as 

5 amended by section 2(b), is amended— 

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

7 (7); 

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

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

11 paragraph: 

12 ‘‘(9) take such actions as may be required to 

13 ensure that absent uniformed services voters are 

14 able to cast absentee ballots in a private and inde15 pendent manner, and that the contents of absentee 

16 ballots of absent uniformed services voters and over17 seas voters will remain secret until tabulation by the 

18 appropriate State election official.’’. 

Æ 


yshivers on PROD1PC62 with BILLS