I
107TH CONGRESS
1ST SESSION
H. R. 492
To prohibit a State from determining that a ballot submitted by an absent
uniformed services voter was improperly or fraudulently cast unless the
State finds clear and convincing evidence of fraud, to direct the Secretary
of Defense to conduct a study of methods to improve the procedures
used to enable absent uniformed services voters to register to vote and
vote in elections for Federal office, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 7, 2001
Mr. BACHUS introduced the following bill; which was referred to the
Committee on House Administration
A BILL
To prohibit a State from determining that a ballot submitted
by an absent uniformed services voter was improperly
or fraudulently cast unless the State finds clear and
convincing evidence of fraud, to direct the Secretary of
Defense to conduct a study of methods to improve the
procedures used to enable absent uniformed services vot-
ers to register to vote and vote in elections for Federal
office, and for other purposes.
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 ‘‘Armed Services Voting
Improvement Act’’.
SEC. 2. STANDARD FOR INVALIDATION OF BALLOTS CAST
BY ABSENT UNIFORMED SERVICES VOTERS
IN FEDERAL ELECTIONS.
(a) IN GENERAL.—A State may not refuse to count
a ballot submitted in an election for Federal office by an
absent uniformed services voter on the grounds that the
ballot was improperly or fraudulently cast unless the State
finds clear and convincing evidence of fraud in the prepa-
ration or casting of the ballot by the voter. For purposes
of the previous sentence, the lack of a witness signature,
address, postmark, or other identifying information may
not be considered clear and convincing evidence of fraud
(absent any other information or evidence).
(b) NO EFFECT
ON FILING DEADLINES UNDER
STATE LAW.—Nothing in this section may be construed
to affect the application to ballots submitted by absent
uniformed services voters of any ballot submission dead-
line applicable under State law.
(c) EFFECTIVE DATE.—This section shall apply with
respect to ballots submitted for elections for Federal office
occurring after the date of the enactment of this Act.
SEC. 3. STUDY OF METHODS TO IMPROVE VOTING PROCE-
DURES FOR ABSENT UNIFORMED SERVICES
VOTERS.
(a) IN GENERAL.—The Secretary of Defense (here-
after in this Act referred to as the ‘‘Secretary’’) shall con-
duct a study of methods to improve the procedures used
to enable absent uniformed services voters to register to
vote and vote in elections for Federal office.
(b) POSTMARK REQUIREMENTS FOR REGISTRATION
APPLICATIONS AND ABSENTEE BALLOTS.—In conducting
the study under subsection (a), the Secretary shall exam-
ine methods to ensure that each voter registration applica-
tion or absentee ballot which is submitted by an absent
uniformed services voter within the applicable deadline
under State law is postmarked or otherwise dated so that
the appropriate State election official will know that the
voter met the deadline.
(c) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall submit
a report to Congress on the study conducted under this
section, and shall include in the report such recommenda-
tions as the Secretary considers appropriate.
SEC. 4. ABSENT UNIFORMED SERVICES VOTER DEFINED.
In this Act, the term ‘‘absent uniformed services
voter’’ has the meaning given such term in section 107(1)
of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff–6(1)).
Æ