I 
107TH CONGRESS 
2D SESSION 
H. R. 5575
To amend titles 10 and 18, United States Code, and the Revised Statutes 
to remove the uncertainty regarding the authority of the Department 
of Defense to permit buildings located on military installations and 
reserve component facilities to be used as polling places in Federal, 
State, and local elections for public office. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2002
Mr. KIRK (for himself, Mr. LANGEVIN, Mr. THOMAS, and Mr. PLATTS) intro-
duced the following bill; which was referred to the Committee on Armed 
Services, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend titles 10 and 18, United States Code, and the 
Revised Statutes to remove the uncertainty regarding 
the authority of the Department of Defense to permit 
buildings located on military installations and reserve 
component facilities to be used as polling places in Fed-
eral, State, and local elections for public office.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. USE OF BUILDINGS ON MILITARY INSTALLA-
TIONS AND RESERVE COMPONENT FACILI-
TIES AS POLLING PLACES. 
(a) LIMITED USE OF MILITARY INSTALLATIONS AU-
THORIZED.—Section 2670 of title 10, United States Code, 
is amended—
(1) by striking ‘‘Under’’ and inserting ‘‘(a) USE 
BY RED CROSS.—Under’’; 
(2) by striking ‘‘this section’’ and inserting 
‘‘this subsection’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) USE
AS
POLLING
PLACES.—(1) Notwith-
standing any other provision of law, the Secretary of a 
military department may make a building located on a 
military installation under the jurisdiction of the Secretary 
available for use as a polling place in any Federal, State, 
or local public election, but only if such use is limited to 
eligible voters who reside on that military installation. 
‘‘(2) If a building located on a military installation 
is made available under paragraph (1) as the site of a 
polling place, the Secretary shall continue to make the 
building available for subsequent elections for public office 
unless the Secretary provides to the appropriate State or 
local election officials advance notice, in a reasonable and
timely manner, of the reasons why the building will no 
longer be made available as a polling place. 
‘‘(3) In this section, the term ‘military installation’ 
has the meaning given the term in section 2687(e) of this 
title.’’. 
(b) USE OF RESERVE COMPONENT FACILITIES.—(1) 
Section 18235 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(c) Pursuant to a lease or other agreement under 
subsection (a)(2), the Secretary may make a facility cov-
ered by subsection (a) available for use as a polling place 
in any Federal, State, or local public election notwith-
standing any other provision of law. If a facility is made 
available as the site of a polling place with respect to an 
election for public office, the Secretary shall continue to 
make the facility available for subsequent elections for 
public office unless the Secretary provides to the appro-
priate State or local election officials advance notice, in 
a reasonable and timely manner, of the reasons why the 
facility will no longer be made available as a polling 
place.’’. 
(2) Section 18236 of such title is amended by adding 
at the end the following: 
‘‘(e) Pursuant to a lease or other agreement under 
subsection (c)(1), a State may make a facility covered by
subsection (c) available for use as a polling place in any 
Federal, State, or local public election notwithstanding 
any other provision of law.’’. 
(c) CONFORMING AMENDMENTS TO TITLE 18.—(1) 
Section 592 of title 18, United States Code, is amended 
by adding at the end the following new sentence: 
‘‘This section shall not apply to the actions of mem-
bers of the Armed Forces at any polling place on a mili-
tary installation where a general or special election is held 
in accordance with section 2670(b), 18235, or 18236 of 
title 10.’’. 
(2) Section 593 of such title is amended by adding 
at the end the following new sentence: 
‘‘This section shall not apply to the actions of mem-
bers of the Armed Forces at any polling place on a mili-
tary installation where a general or special election is held 
in accordance with section 2670(b), 18235, or 18236 of 
title 10.’’. 
(d) CONFORMING AMENDMENT TO VOTING RIGHTS 
LAW.—Section 2003 of the Revised Statutes (42 U.S.C. 
1972) is amended by adding at the end the following new 
sentence: ‘‘Making a military installation or reserve com-
ponent facility available as a polling place in a Federal, 
State, or local public election in accordance with section
2670(b), 18235, or 18236 of title 10, United States Code, 
is deemed to be consistent with this section.’’. 
(e) CLERICAL AMENDMENTS.—(1) The heading of 
section 2670 of title 10, United States Code, is amended 
to read as follows:
‘‘§ 2670. Buildings on military installations: use by 
American National Red Cross and as poll-
ing places in Federal, State, and local 
elections’’.
(2) The item relating to such section in the table of 
sections at the beginning of chapter 159 of such title is 
amended to read as follows:
‘‘2670. Buildings on military installations: use by American National Red Cross 
and as polling places in Federal, State, and local elections.’’.
Æ