IIA
104TH CONGRESS
2D SESSION
H. R. 3058
IN THE SENATE OF THE UNITED STATES
MAY 15, 1996
Received; read twice and referred to the Committee on Rules and
Administration
AN ACT
To amend the Uniformed and Overseas Citizens Absentee
Voting Act to extend the period for receipt of absentee
ballots, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Overseas Citizens Vot-
ing Rights Act of 1996’’.
SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE
BALLOTS.
Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (2);
(2) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
‘‘(4) permit absentee ballots to be received at
least until the close of polls on election day.’’.
SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BAL-
LOT PROVISIONS TO SPECIAL, PRIMARY, AND
RUNOFF ELECTIONS.
(a) IN GENERAL.—Section 103(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff–2(a)) is amended—
(1) by inserting after ‘‘general’’ the following:
‘‘, special, primary, and runoff’’; and
(2) by striking out ‘‘States,’’ and inserting in
lieu thereof ‘‘State’’.
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(b) SPECIAL RULES.—Section 103(c) of the Uni-
formed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff–2(c)) is amended—
(1) in paragraph (1), by inserting after ‘‘can-
didate or’’ the following: ‘‘, with respect to a general
or special election,’’; and
(2) in paragraph (2), by inserting after ‘‘can-
didate or’’ the following: ‘‘with respect to a general
election’’.
(c) USE OF APPROVED STATE ABSENTEE BALLOT IN
PLACE OF FEDERAL WRITE-IN ABSENTEE BALLOT.—
Section 103(e) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–2(e)) is amended
by striking out ‘‘a general’’ and inserting in lieu thereof
‘‘an’’.
(d) CERTAIN STATES EXEMPTED.—Section 103(f) of
the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff–2(f)) is amended by striking out ‘‘gen-
eral’’ each place it appears.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to elections taking
place after December 31, 1996.
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(2) by adding at the end the following new sub-
section:
‘‘(b) SECRECY AND VERIFICATION OF ELECTRONI-
CALLY TRANSMITTED BALLOTS.—No electronic transmit-
tal or related procedure under subsection (a)(10) that is
paid for, in whole or in part, with Federal funds may be
carried out in any manner that (1) permits any person
other than the voter to view a completed ballot, or (2) oth-
erwise compromises ballot secrecy. At the earliest possible
opportunity, the original of each completed ballot that is
transmitted electronically shall be submitted in a secrecy
envelope to the applicable location in the State involved.’’
SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATE-
RIALS.
(a) IN GENERAL.—The Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.)
is amended by adding at the end the following new sec-
tions:
‘‘SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MA-
TERIALS.
‘‘(a) IN GENERAL.—Each State, in cooperation with
the Presidential designee, shall establish a system for elec-
tronic transmittal of balloting materials for overseas vot-
ers. The system shall provide for—
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‘‘(1) electronic transmittal as an alternative
method for transmittal of balloting materials to
overseas voters;
‘‘(2) use of the format of the official post card
form prescribed under section 101 (or the format of
any other registration form provided for under State
law) for purposes of absentee voter registration ap-
plication and absentee ballot application, with the
condition that a State may require receipt of a form
with an original signature before the ballot of the
voter is counted;
‘‘(3) furnishing of absentee ballots by electronic
transmittal, from locations within the State, as se-
lected by the chief State election official, to overseas
voters who request such transmittal; and
‘‘(4) special alternative methods of transmittal
of balloting materials for use only when required by
an emergency declared by the President or the Con-
gress.
‘‘(b) FUNDING REQUIREMENT.—The requirements of
subsection (a) shall apply to a State with respect to an
election—
‘‘(1) if there is full payment by the Federal
Government of any additional cost incurred by the
State after the date of the enactment of this Act for
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the implementation of such subsection (a), with such
costs to be determined by the Presidential designee
and the chief State election official, acting jointly; or
‘‘(2) in any case of less than full payment, as
described in paragraph (1), if the State, in the man-
ner provided for under the law of the State, agrees
to the application of such requirements.
‘‘SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL
OF ELECTRONIC TRANSMITTAL METHOD.
‘‘The Presidential designee may not approve use of
any method of electronic transmittal for purposes of this
Act, unless, not later than 90 days before the effective
date of the approval, the Presidential designee submits to
the Congress a detailed report describing the method.’’.
(b) DEFINITION AMENDMENT.—Section 107 of the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff–6) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (7);
(2) by striking out the period at the end of
paragraph (8) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new
paragraph:
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‘‘(9) the term ‘electronic transmittal’ means,
with respect to balloting materials, transmittal by
facsimile machine or other electronic method ap-
proved by the Presidential designee.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to elections taking
place after December 31, 1996.
SEC. 6. REPORT PROVISION.
Section 101(b)(6) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)) is
amended—
(1) by striking out ‘‘participation and’’ and in-
serting in lieu thereof ‘‘participation,’’; and
(2) by inserting before the period at the end the
following: ‘‘, and a separate analysis of electronic
transmittal of balloting materials’’.
Passed the House of Representatives May 14, 1996.
Attest:
ROBIN H. CARLE,
Clerk.