IV 
112TH CONGRESS 
2D SESSION 
H. RES. 799 
Expressing the sense of the House of Representatives that it is not a violation 
of the Equal Protection Clause of the Fourteenth Amendment for a 
State to extend particular consideration to members of the uniformed 
services and overseas citizens to ensure that such individuals are able 
to exercise their rights to vote in elections for public office. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2012 
Mr. TURNER of Ohio (for himself, Mr. CHABOT, Mrs. SCHMIDT, Mr. JORDAN, 
Mr. LATTA, Mr. JOHNSON of Ohio, Mr. AUSTRIA, Mr. TIBERI, Mr. 
LATOURETTE, Mr. STIVERS, Mr. RENACCI, and Mr. GIBBS) submitted 
the following resolution; which was referred to the Committee on House 
Administration, and in addition to the Committee on the Judiciary, 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 com-
mittee concerned 
RESOLUTION 
Expressing the sense of the House of Representatives that 
it is not a violation of the Equal Protection Clause 
of the Fourteenth Amendment for a State to extend 
particular consideration to members of the uniformed 
services and overseas citizens to ensure that such individ-
uals are able to exercise their rights to vote in elections 
for public office. 
Whereas because members of the uniformed services and 
their families are not similarly situated with respect to 
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their ability to vote, our Nation has a long history of ac-
knowledging their sacrifices and awarding them extra op-
portunity to participate in the democratic process; 
Whereas, during the Civil War, President Lincoln declared a 
cessation of military operations in order for military per-
sonnel to return home for the purpose of casting their 
ballots; 
Whereas in order to ensure that military personnel serving 
during the Civil War had access to the ability to vote, 
election officials were authorized by many States to travel 
to units in the field for the purpose of establishing polling 
locations and collecting ballots; 
Whereas the Soldier Voting Act of 1942 was enacted to guar-
antee Federal voting rights for members of the Armed 
Forces during wartime; 
Whereas the Federal Voting Assistance Act was enacted in 
1955, as a result of a study by the American Political 
Science Association on the problem of military voting; 
Whereas the Federal Voting Assistance Act recommended ab-
sentee registration and voting for members of the mili-
tary, Federal employees who lived outside the United 
States, and members of civilian service organizations af-
filiated with the Armed Forces; 
Whereas the Overseas Citizens Voting Rights Act of 1975 
guaranteed absentee registration and voting rights for 
citizens outside of the United States, whether or not they 
maintained a United States residence or address and 
their intention to return was uncertain; 
Whereas, on August 28, 1986, President Reagan signed into 
law the Uniformed and Overseas Citizens Absentee Vot-
ing Act (UOCAVA); 
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Whereas provisions concerning uniformed services and over-
seas voting were included in the National Defense Au-
thorization Act for Fiscal Year 2002 and the Help Amer-
ica Vote Act of 2002 to amend the UOCAVA; 
Whereas the Ronald W. Reagan Defense Authorization Act 
for Fiscal Year 2005 (Public Law 108–375) amended 
UOCAVA to ease the rules for use of the Federal write- 
in ballot in place of state absentee ballots; 
Whereas the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law. 109–364) ex-
tended a Department of Defense program to assist 
UOCAVA voters; 
Whereas the Military and Overseas Voter Empowerment Act 
(MOVE Act) acknowledges that many military members 
and their families are faced with unique challenges and 
should be granted particular consideration in the manner 
in which they can request, receive, cast and return absen-
tee ballots; 
Whereas in McDonald v. Board of Election Commissioners of 
Chicago, the Supreme Court ruled concerning a challenge 
to the Illinois absentee ballot statue, which provided ab-
sentee ballots for 4 classes of voters; 
Whereas in McDonald, the Supreme Court noted that ‘‘the 
absentee statues, which are designed to make voting more 
available to some groups who cannot easily get to the 
polls, do not themselves deny appellants the exercise of 
the franchise’’; 
Whereas the Court stated in Bush v. Hissborough County 
Canvassing Bd. that UOCAVA voters ‘‘do not enjoy the 
individualism which they serve to defend for all other citi-
zens. How and where they conduct their lives is dictated 
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by the government. The vote is their last vestige of ex-
pression and should be provided no matter what their lo-
cation.’’; and 
Whereas the Supreme Court has upheld the right of the 
States to extend particular consideration to members of 
the uniformed services and overseas citizens: Now, there-
fore, be it 
Resolved, That the House of Representatives— 
(1) affirms that it is the policy of the United 
States to provide for the ability of members of the 
uniformed services to exercise their constitutional 
right to vote and acknowledges that particular con-
sideration be given them due to restrictions, uncer-
tainties, and risks, such as deployment, that present 
a challenge in voting; 
(2) recognizes the legislative and judicial prece-
dent of granting particular consideration to members 
of the uniformed services and overseas citizens re-
garding absentee voting; and 
(3) affirms that while the Equal Protection 
Clause of the Fourteenth Amendment ‘‘protects 
against arbitrary classifications, and requires that 
similarly situated persons be treated equally’’, mem-
bers of the uniformed services and overseas citizens 
are not similarly situated, and that the restrictions, 
uncertainties, and risks that members of the uni-
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formed services face warrant consideration that is 
not arbitrary. 
Æ 
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