I 
111TH CONGRESS 
1ST SESSION H. R. 1739 
To amend the Uniformed and Overseas Citizens Absentee Voting Act to 
prohibit States from refusing to accept balloting materials solely because 
the materials are generated through the use of a computer program, 
are not printed on a specific type of paper, or do not otherwise meet 
similar extraneous requirements which are not clearly necessary to pre-
vent fraud in the conduct of elections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2009 
Mrs. MALONEY (for herself, Mr. HONDA, Mrs. DAVIS of California, Mr. 
MCGOVERN, Mr. GONZALEZ, and Mr. MCDERMOTT) introduced the fol-
lowing bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committees on Oversight and Government 
Reform and Foreign Affairs, 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 amend the Uniformed and Overseas Citizens Absentee 
Voting Act to prohibit States from refusing to accept 
balloting materials solely because the materials are gen-
erated through the use of a computer program, are not 
printed on a specific type of paper, or do not otherwise 
meet similar extraneous requirements which are not 
clearly necessary to prevent fraud in the conduct of 
elections, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Overseas Voting Prac-
tical Amendments Act of 2009’’. 
SEC. 2. DESIGNATION OF OFFICIAL FEDERAL FORM AS 
FEDERAL VOTER REGISTRATION AND ABSEN-
TEE BALLOT APPLICATION. 
(a) DESIGNATION AND DISTRIBUTION.—Section 101 
of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff) is amended— 
(1) in subsection (b)(2), by striking ‘‘an official 
post card form’’ and inserting ‘‘an official Federal 
Voter Registration and Absentee Ballot Applica-
tion’’; and 
(2) in subsection (c)(2), by striking ‘‘official 
post card forms’’ and inserting ‘‘official Federal 
Voter Registration and Absentee Ballot Applica-
tions’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
STATE
RESPONSIBILITIES.—Section 
102(a)(4) of such Act (42 U.S.C. 1973ff–1(a)(4)) is 
amended by striking ‘‘the official post card form’’ 
and inserting ‘‘the official Federal Voter Registra-
tion and Absentee Ballot Application’’. 
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(2) USE OF SINGLE APPLICATION FOR ALL SUB-
SEQUENT ELECTIONS.—Section 104 of such Act (42 
U.S.C. 1973ff–3) is amended— 
(A) in subsection (a), by striking ‘‘an offi-
cial post card form’’ and inserting ‘‘an official 
Federal Voter Registration and Absentee Ballot 
Application’’; 
(B) in subsection (c)— 
(i) in the heading, by striking ‘‘OFFI-
CIAL POST CARD FORM’’ and inserting 
‘‘OFFICIAL FEDERAL VOTER REGISTRA-
TION
AND ABSENTEE BALLOT APPLICA-
TION’’, and 
(ii) in the matter preceding paragraph 
(1), by striking ‘‘official post card form’’ 
and inserting ‘‘official Federal Voter Reg-
istration and Absentee Ballot Application’’; 
and 
(C) in subsection (e), by striking ‘‘the 
postcard form’’ and inserting ‘‘the official Fed-
eral Voter Registration and Absentee Ballot Ap-
plication’’. 
(3) DEFINITION OF BALLOTING MATERIALS.— 
Section 107(2) of such Act (42 U.S.C. 1973ff–6(2)) 
is amended by striking ‘‘official post card forms’’ 
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and inserting ‘‘official Federal Voter Registration 
and Absentee Ballot Applications’’. 
SEC. 3. PROHIBITING REFUSAL TO ACCEPT APPLICATIONS, 
BALLOTS, AND OTHER MATERIALS FOR FAIL-
URE 
TO 
MEET 
NONESSENTIAL 
REQUIRE-
MENTS. 
(a) VOTER REGISTRATION AND ABSENTEE BALLOT 
APPLICATIONS.—Section 102 of the Uniformed and Over-
seas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) 
is amended by adding at the end the following new sub-
section: 
‘‘(e) PROHIBITING REFUSAL TO ACCEPT APPLICA-
TIONS FOR FAILURE TO MEET NONESSENTIAL REQUIRE-
MENTS.—A State may not refuse to accept or process any 
otherwise valid voter registration application or absentee 
ballot application (including the official Federal Voter 
Registration and Absentee Ballot Application prescribed 
under section 101) submitted by an absent uniformed 
services voter or overseas voter on any of the following 
grounds: 
‘‘(1) The application is not on a post card, is 
printed or otherwise produced through the use of a 
computer program or an Internet site, or is other-
wise a facsimile of an official application. 
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by the Presidential designee) is not clearly necessary 
to prevent fraud in the conduct of elections.’’. 
(b) ABSENTEE BALLOTS.—Section 103 of such Act 
(42 U.S.C. 1973ff–2) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) PROHIBITING REFUSAL TO ACCEPT BALLOT 
FOR
FAILURE
TO
MEET
NONESSENTIAL
REQUIRE-
MENTS.—A State may not refuse to accept or process any 
otherwise valid absentee ballot, including the Federal 
write-in absentee ballot, submitted by an absent uniformed 
services voter or overseas voter on any of the following 
grounds: 
‘‘(1) The ballot as submitted is printed or oth-
erwise produced through the use of a computer pro-
gram or an Internet site or is otherwise a facsimile 
of the original ballot. 
‘‘(2) The ballot, the envelope in which the ballot 
is submitted, or any affidavit or other attestation ac-
companying the ballot as submitted does not con-
form to specific requirements under State law re-
garding the size, shape, weight, or color of the paper 
on which it is produced. 
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‘‘(3) The ballot is not notarized or witnessed by 
a Notary Public or other official authorized to ad-
minister oaths. 
‘‘(4) The ballot is received by the State other 
than through delivery by the United States Postal 
Service. 
‘‘(5) The ballot is returned with insufficient 
postage. 
‘‘(6) The envelope in which the ballot is sub-
mitted bears a postmark from a location within the 
United States. 
‘‘(7) The envelope in which the ballot is sub-
mitted does not bear a postmark, if the voter has 
signed and dated the ballot or the envelope in which 
the ballot is submitted. 
‘‘(8) The ballot, the envelope in which the ballot 
is submitted, or any affidavit or other attestation ac-
companying the ballot as submitted does not meet 
any other requirement which the Presidential des-
ignee determines (under regulations promulgated by 
the Presidential designee) is not clearly necessary to 
prevent fraud in the conduct of elections.’’. 
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SEC. 4. RESTRICTIONS ON FORM OF DOCUMENTATION RE-
QUIRED FOR APPLICATIONS AND BALLOTS 
PRODUCED BY STATES. 
(a) DOCUMENTATION REQUIRED FOR VOTER REG-
ISTRATION
AND ABSENTEE BALLOT APPLICATIONS.— 
Section 102 of the Uniformed and Overseas Citizens Ab-
sentee Voting Act (42 U.S.C. 1973ff–1), as amended by 
section 3(a), is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) PROHIBITING REQUIREMENT OF DOCUMENTA-
TION NOT AVAILABLE TO ABSENT UNIFORMED SERVICES 
OR OVERSEAS VOTERS.—A State may not require an ab-
sent uniformed services voter or overseas voter who sub-
mits a voter registration application or absentee ballot ap-
plication produced by the State to include with the appli-
cation any form of documentation which may be issued 
only to an individual who physically resides in the State 
(such as a current State motor vehicle operator’s license 
or a current utility bill).’’. 
(b) DOCUMENTATION REQUIRED
FOR ABSENTEE 
BALLOTS.—Section 103 of such Act (42 U.S.C. 1973ff– 
2), as amended by section 3(b), is amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing new subsection: 
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‘‘(g) PROHIBITING REQUIREMENT OF DOCUMENTA-
TION NOT AVAILABLE TO ABSENT UNIFORMED SERVICES 
OR OVERSEAS VOTERS.—A State may not require an ab-
sent uniformed services voter or overseas voter who sub-
mits an absentee ballot produced by the State to include 
with the ballot any form of documentation which may be 
issued only to an individual who physically resides in the 
State (such as a current State motor vehicle operator’s 
license or a current utility bill).’’. 
SEC. 5. REQUIRING CLARIFICATION OF POSTAGE MARK-
INGS ON CERTAIN BALLOTING MATERIALS 
MAILED BY STATES. 
Section 3406 of title 39, United States Code, is 
amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) In the case of balloting materials under the Uni-
formed and Overseas Citizens Absentee Voting Act con-
sisting of pre-printed return envelopes which are prepared 
by a State for the submission of materials by an absent 
uniformed services voter or overseas voter under such 
Act— 
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‘‘(1) the State shall ensure that the address to 
which the materials are to be submitted includes the 
designation ‘United States of America’ or ‘USA’; 
‘‘(2) the State shall ensure that the materials 
state clearly the identity of the sender and the iden-
tity of the intended recipient; and 
‘‘(3) if the materials are designated as postage 
paid, the State shall clarify whether the designation 
applies only to materials mailed within the United 
States or to materials mailed overseas through the 
Army Post Office or Fleet Post Office.’’. 
SEC. 6. PROVISION OF BALLOTS IN SUBSEQUENT ELEC-
TIONS. 
(a) PERMITTING VOTERS TO REQUEST ABSENTEE 
BALLOTS
IN ALL SUBSEQUENT ELECTIONS.—Section 
104(a) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff–3(a)) is amended by strik-
ing ‘‘through the next 2 regularly scheduled general elec-
tions’’ and all that follows through ‘‘such general elec-
tions),’’ and inserting ‘‘(subject to subsections (b) and 
(d)),’’ 
(b) WAIVER OF REQUIREMENT TO PROVIDE ABSEN-
TEE BALLOTS IN SUBSEQUENT ELECTIONS TO INDIVID-
UALS WITH UNKNOWN ADDRESSES.—Section 104(a) of 
such Act (42 U.S.C. 1973ff–3(a)) is amended by striking 
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the period at the end and inserting the following: ‘‘, other 
than any election occurring after any absentee ballot or 
other election material sent by the State to the voter is 
returned to the State as undeliverable or with no for-
warding address within the State or after the voter notifies 
the State that the voter is no longer an absent uniformed 
services voter or absentee voter.’’. 
(c) PERMITTING EARLY SUBMISSION OF REQUEST 
BY OVERSEAS VOTERS; PERMITTING EARLY SUBMISSION 
DURING PREVIOUS YEAR.—Section 104(e) of such Act 
(42 U.S.C. 1973ff–3(e)) is amended— 
(1) by striking ‘‘during a year’’ and inserting 
‘‘or an overseas voter’’; and 
(2) by striking ‘‘for that year’’. 
SEC. 7. SPECIAL RULES FOR USE OF FEDERAL WRITE-IN 
ABSENTEE BALLOT IN CERTAIN STATES. 
(a) TREATMENT
OF VOTERS USING BALLOT TO 
VOTE IN STATES WITH SAME-DAY VOTER REGISTRA-
TION.—Section 103(c) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff–2(c)) is 
amended by adding at the end the following new para-
graph: 
‘‘(4) If the voter submits the ballot (including 
the Federal write-in absentee ballot) in an election 
in a State in which voters may register to vote at 
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SEC. 8. APPLICATION OF UOCAVA TO INDIVIDUALS NEVER 
RESIDING IN UNITED STATES WHOSE PAR-
ENTS ARE OVERSEAS VOTERS. 
Section 107(5)(C) of the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(5)(C)) 
is amended to read as follows: 
‘‘(C) a person who resides outside the 
United States and (but for such residence) 
would be qualified to vote— 
‘‘(i) in the last place in which the per-
son was domiciled before leaving the 
United States, or 
‘‘(ii) in the case of an individual who 
has never resided in the United States, in 
the last place in which the person’s parent 
or guardian was domiciled before leaving 
the United States or (if the parent or 
guardian is domiciled in the United States) 
the place in which the parent or guardian 
is domiciled;’’. 
SEC. 9. REQUIRING PROMPT NOTIFICATION OF REJECTION 
OF VOTER REGISTRATION OR ABSENTEE 
BALLOT REQUEST. 
Section 102(d) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff–1(d)) is 
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amended by striking ‘‘shall provide’’ and inserting ‘‘shall 
promptly provide’’. 
SEC. 10. USE OF DIPLOMATIC POUCH FOR RETURNING 
COMPLETED ABSENTEE BALLOTS. 
Section 101(c) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff(c)) is amend-
ed by adding at the end the following new paragraph: 
‘‘(3) USE OF DIPLOMATIC POUCH FOR RETURN-
ING COMPLETED ABSENTEE BALLOTS.—If an over-
seas voter delivers a completed absentee ballot to an 
overseas facility of the Department of State, the 
Secretary of State shall use the diplomatic pouch to 
transmit the ballot to the United States, but only 
if— 
‘‘(A) the ballot is delivered to the facility 
not earlier than 14 days prior to the date of the 
election involved; and 
‘‘(B) the Secretary of State determines 
that there is no effective alternative available at 
the location of the facility (including private 
courier services) for the overseas voter to use to 
ensure the timely receipt of the ballot.’’. 
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SEC. 11. GRANT PROGRAM FOR OUTREACH TO ABSENT UNI-
FORMED SERVICES VOTERS AND OVERSEAS 
VOTERS. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) PROGRAM DESCRIBED.—The Election As-
sistance Commission (hereafter referred to as the 
‘‘Commission’’) shall establish and operate a pro-
gram for making grants to eligible organizations for 
carrying out activities to assist absent uniformed 
services voters and overseas voters in voting in elec-
tions for Federal office and to increase turnout 
among such voters by providing them with informa-
tion in advance of the date of an election on how to 
cast absentee ballots in such elections. 
(2) PERIOD OF GRANT.—Each grant awarded 
under the program under this section shall cover a 
2-year period. 
(b) ELIGIBILITY OF ORGANIZATIONS.— 
(1) IN GENERAL.—An organization is eligible to 
receive a grant under the program under this section 
if the organization submits to the Commission, at 
such time and in such form as the Commission may 
require, an application containing information and 
assurances that the organization meets the specific 
requirements for eligibility described in paragraph 
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(2), together with such other information and assur-
ances as the Commission considers appropriate. 
(2) SPECIFIC
REQUIREMENTS
FOR
ELIGI-
BILITY.—The specific requirements described in this 
paragraph are as follows: 
(A) The organization is nonpartisan in na-
ture and will carry out activities funded by the 
grant in a non partisan manner. 
(B) The organization will use the funds 
provided under the grant to carry out projects 
designed to increase the meaningful participa-
tion of absent uniformed services voters and 
overseas voters in elections for Federal office. 
(C) The organization will carry out 
projects that include at least one of the fol-
lowing activities: 
(i) Outreach and education to identify 
absent uniformed services voters and over-
seas voters and provide them with accurate 
information about voter registration and 
voting in elections for Federal office, and 
to provide the information well in advance 
of applicable State deadlines. 
(ii) Providing assistance to absent 
uniformed services voters and overseas vot-
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ers in registering to vote and casting bal-
lots in elections for Federal office, and to 
provide the assistance well in advance of 
applicable State deadlines. 
(iii) Protecting absentee ballots cast 
by absent uniformed services voters and 
overseas voters from incorrect disqualifica-
tion or rejection so that all such ballots 
which are properly cast are counted, by 
carrying out accountability oversight of 
State and local election officials and edu-
cating such officials of the requirements of 
Federal and State laws and regulations 
governing the treatment of these ballots, 
including the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 
1973ff et seq.) and any applicable State 
and local laws. 
(D) The organization will file the reports 
required under subsection (d). 
(E) The organization will not compile the 
names of the absent uniformed services voters 
and overseas voters who participate in the 
projects funded with the grant for purposes of 
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