I 

111TH CONGRESS 

1ST SESSION H. R. 3416 

To extend to individuals evacuated from their residences as a result of 

a major disaster the right to use the absentee balloting and registration 

procedures available to military and overseas voters under the Uniformed 

and Overseas Citizens Absentee Voting Act, to direct the Election Assistance Commission to make grants to States to respond to election administration needs which result from a major disaster, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2009 

Mr. DAVIS of Alabama introduced the following bill; which was referred to the 

Committee on House Administration, and in addition to the Committee 

on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To extend to individuals evacuated from their residences 

as a result of a major disaster the right to use the 

absentee balloting and registration procedures available 

to military and overseas voters under the Uniformed 

and Overseas Citizens Absentee Voting Act, to direct 

the Election Assistance Commission to make grants to 

States to respond to election administration needs which 

result from a major disaster, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Disaster Assistance 

3 Voting Act of 2009’’. 

4 SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT 

5 MILITARY AND OVERSEAS VOTERS TO INDI6 VIDUALS EVACUATED AS A RESULT OF 

7 MAJOR DISASTER. 

8 (a) RIGHT OF EVACUEES TO USE ABSENTEE BAL9 LOTING AND REGISTRATION PROCEDURES AVAILABLE TO

10 MILITARY AND OVERSEAS VOTERS.—In the case of any 

11 individual who is an eligible evacuee— 

12 (1) the individual shall be treated in the same 

13 manner as an absent uniformed services voter and 

14 overseas voter for purposes of the Uniformed and 

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

16 1973ff et seq.), other than section 103(b)(1) (42 

17 U.S.C. 1973ff–2(b)(1)); and 

18 (2) the individual shall be deemed to be an indi19 vidual who is entitled to vote by absentee ballot for 

20 purposes of the National Voter Registration Act of 

21 1993 and the Help America Vote Act of 2002. 

22 (b) DEFINITIONS.—For purposes of this section, the 

23 following definitions apply: 

24 (1) The term ‘‘eligible evacuee’’ means an indi25 vidual— 


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1 (A) who certifies to the appropriate State 

2 election official that the individual’s predisaster 

3 primary residence is rendered uninhabitable or 

4 inaccessible as a result of damage or evacuation 

5 caused by a major disaster; and 

6 (B) who provides the official with an affi7 davit stating that the individual intends to re8 turn to the place of residence where the indi9 vidual is otherwise qualified to vote after the 

10 election or elections involved. 

11 (2) The term ‘‘major disaster’’ has the meaning 

12 given such term under section 102 of the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5122). 

15 (3) The term ‘‘State’’ means each of the several 

16 States, the District of Columbia, the Commonwealth 

17 of Puerto Rico, American Samoa, Guam, and the 

18 United States Virgin Islands. 

19 (c) EFFECTIVE DATE.—This section shall apply with 

20 respect to elections for Federal office held in calendar 

21 years beginning with 2010. 


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1 SEC. 3. GRANTS TO STATES FOR RESPONDING TO ELEC2 TION ADMINISTRATION NEEDS RESULTING 

3 FROM MAJOR NATURAL DISASTERS. 

4 (a) AUTHORITY TO MAKE GRANTS.—The Election 

5 Assistance Commission shall make a grant to each eligible 

6 State, in such amount as the Commission considers appro7 priate, for purposes of restoring and replacing supplies, 

8 materials, and equipment used in the administration of 

9 elections in the State which were damaged as a result of 

10 a major natural disaster, and for conducting voter out11 reach and education for voters displaced as a result of a 

12 major natural disaster, as determined on the basis of such 

13 criteria as the Commission may establish. 

14 (b) ELIGIBILITY.— 

15 (1) IN GENERAL.—A State is eligible to receive 

16 a grant under this section if it submits to the Com17 mission (at such time and in such form as the Com18 mission may require) a certification that supplies, 

19 materials, and equipment used in the administration 

20 of elections in the State were damaged as a result 

21 of a major natural disaster. 

22 (2) PREFERENCE FOR STATES USING FUNDS

23 FOR SATELLITE VOTING SITES.—In determining the 

24 eligibility of States for receiving grants under this 

25 section and the amount of the grant awarded to a 

26 State, the Commission shall give preference to 


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1 States which will use the grant to operate voting 

2 sites for displaced voters which are located outside 

3 of the area which was affected by the major natural 

4 disaster. 

5 (c) DEFINITION.—In this section, the term ‘‘State’’ 

6 means each of the several States, the District of Columbia, 

7 the Commonwealth of Puerto Rico, American Samoa, 

8 Guam, and the United States Virgin Islands. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for fiscal year 2010 and 

11 each succeeding fiscal year such sums as may be necessary 

12 to carry out this section, to remain available until ex13 pended. 

14 SEC. 4. DELAY IN REMOVAL OF REGISTRANTS FROM OFFI15 CIAL LIST OF VOTERS ON GROUNDS OF 

16 CHANGE OF RESIDENCE. 

17 Section 8 of the National Voter Registration Act of 

18 1993 (42 U.S.C. 1973gg–6) is amended— 

19 (1) in subsection (b)(2)(B), by inserting after 

20 ‘‘2 or more’’ the following: ‘‘(or, in the case of an 

21 individual who at any time after the applicable reg22 istrar sends the notice is an eligible evacuee under 

23 the Disaster Assistance Voting Act of 2009, 3 or 

24 more)’’; and 


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1 (2) in subsection (d)(1)(B)(ii), by inserting 

2 after ‘‘the second general election’’ the following: 

3 ‘‘(or, in the case of an individual who at any time 

4 after the date of the notice is an eligible evacuee 

5 under the Disaster Assistance Voting Act of 2009, 

6 the third general election)’’. 

7 SEC. 5. NOTIFYING DISPLACED INDIVIDUALS OF AVAIL8 ABILITY OF PROTECTIONS. 

9 (a) INDIVIDUALS RECEIVING SERVICES AT DES10 IGNATED STATE VOTER REGISTRATION AGENCIES.— 

11 Each motor vehicle authority in a State and each voter 

12 registration agency designated in a State under section 

13 7(a) of the National Voter Registration Act of 1993 shall 

14 take such steps as may be necessary to notify individuals 

15 to whom services are provided of the protections provided 

16 by section 2 and of the requirements for obtaining those 

17 protections, including the requirement to submit an affi18 davit stating that the individual intends to return to the 

19 place of residence where the individual is otherwise quali20 fied to vote. 

21 (b) APPLICANTS FOR HOUSING ASSISTANCE UNDER

22 STAFFORD ACT.— 

23 (1) IN GENERAL.—Section 408(b) of the Robert 

24 T. Stafford Disaster Relief and Emergency AssistVerDate Nov 24 2008 00:25 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3416.IH H3416

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1 ance Act (42 U.S.C. 5174(b)) is amended by adding 

2 at the end the following new paragraph: 

3 ‘‘(3) NOTIFICATION OF AVAILABILITY OF RIGHT

4 TO USE CERTAIN ABSENTEE BALLOTING AND REG5 ISTRATION PROCEDURES.—The President shall no6 tify each individual and household who receives 

7 housing assistance under this section of the protec8 tions provided by section 2 of the Disaster Assist9 ance Voting Act of 2009 (relating to the right to 

10 register to vote and vote by absentee ballot in elec11 tions for Federal office) and of the requirements for 

12 obtaining those protections, including the require13 ment to submit an affidavit stating that the indi14 vidual intends to return to the place of residence 

15 where the individual is otherwise qualified to vote.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall apply with respect to assist18 ance received on or after the date of the enactment 

19 of this Act. 

Æ 


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