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TITLE V—MINIMUM STANDARDS
FOR STATE ELECTION SYSTEMS
SEC. 501. MINIMUM STANDARDS FOR STATE ELECTION SYS-
TEMS.
(a) IN GENERAL.—The chief State election official of
each State shall certify in writing to the Election Assist-
ance Commission that—
(1) in administering election systems, the State
is in compliance with the existing applicable require-
ments of the Voting Rights Act of 1965, the Na-
tional Voter Registration Act of 1993, the Uni-
formed and Overseas Citizens Absentee Voting Act,
the Voting Accessibility for the Elderly and Handi-
capped Act, and the Americans With Disabilities Act
of 1990; and
(2) the State has enacted legislation to enable
the State to meet each of the minimum standards
for State election systems described in section 502.
(b) METHODS OF IMPLEMENTATION LEFT TO DIS-
CRETION OF STATE.—The specific choices on the methods
of implementing the legislation enacted pursuant to sub-
section (a)(2) shall be left to the discretion of the State.
(c) CHIEF STATE ELECTION OFFICIAL DEFINED.—
In this title, the ‘‘chief State election official’’ of a State
is the individual designated by the State under section 10
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of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg–8) to be responsible for coordination of the State’s
responsibilities under such Act.
SEC. 502. STANDARDS DESCRIBED.
The minimum standards for State election systems
described in this section are as follows:
(1) The State will implement an official State-
wide voter registration system networked to every
local jurisdiction in the State, with provisions for
sharing data with other States, except that this
paragraph shall not apply in the case of a State in
which, under law in effect continuously on and after
the date of the enactment of this Act, there is no
voter registration requirement for any voter in the
State with respect to an election for Federal office.
(2) The State election system includes provi-
sions to ensure that voter registration records in the
State are accurate and are updated regularly, in-
cluding the following:
(A) A system of file maintenance which re-
moves registrants who are ineligible to vote
from the official list of eligible voters. Under
such system, consistent with the National Voter
Registration Act of 1993, registrants who have
not voted in 2 or more consecutive general elec-
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tions for Federal office and who have not re-
sponded to a notice shall be removed from the
official list of eligible voters, except that no reg-
istrant may be removed solely by reason of a
failure to vote.
(B) Safeguards to ensure that eligible vot-
ers are not removed in error from the official
list of eligible voters.
(3) The State permits, by the deadline required
under section 504(b), in-precinct provisional voting
by every voter who claims to be qualified to vote in
the State, or has adopted an alternative which
achieves the same objective, except that this para-
graph shall not apply in the case of a State in
which, under law in effect continuously on and after
the date of the enactment of this Act, all votes in
the State in general elections for Federal office are
cast by mail.
(4) The State has adopted uniform standards
that define what will constitute a vote on each cat-
egory of voting equipment certified for use in the
State.
(5) The State has implemented safeguards to
ensure that absent uniformed services voters (as de-
fined in section 107(1) of the Uniformed and Over-
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seas Citizens Absentee Voting Act) and overseas vot-
ers (as defined in section 107(5) of such Act) in the
jurisdiction have the opportunity to vote and to have
their votes counted.
(6) The State requires new voting systems to
provide a practical and effective means for voters
with physical disabilities (including blindness) to
cast a secret ballot.
(7) If the State uses voting systems which give
voters the opportunity to correct errors, the State
shall ensure that voters are able to check for and
correct errors under conditions which assure privacy.
States, and units of local government within the
States, procuring new voting machines within their
jurisdiction, except for States and units replacing or
supplementing existing equipment (within the same
voting system), shall ensure that the new voting sys-
tem gives voters the opportunity to correct errors be-
fore the vote is cast.
SEC. 503. ENFORCEMENT.
(a) REPORT BY COMMISSION TO ATTORNEY GEN-
ERAL.—If a State does not provide a certification under
section 501 to the Election Assistance Commission, or if
the Commission has credible evidence that a State’s cer-
tification is false or that a State is carrying out activities
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in violation of the terms of the certification, the Commis-
sion shall notify the Attorney General.
(b) ACTION BY ATTORNEY GENERAL.—After receiv-
ing notice from the Commission under subsection (a), the
Attorney General may bring a civil action against a State
in an appropriate district court for such declaratory or in-
junctive relief as may be necessary to remedy a violation
of this title.
SEC. 504. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the requirements of this title shall take effect upon
the expiration of the 2-year period which begins on the
date of the enactment of this Act, except that if the chief
State election official of a State certifies that good cause
exists to waive the requirements of this title with respect
to the State until the date of the regularly scheduled gen-
eral election for Federal office held in November 2004,
the requirements shall apply with respect to the State be-
ginning on the date of such election.
(b) DEADLINES FOR IMPLEMENTATION OF PROVI-
SIONAL VOTING.—The minimum standard described in
section 502(3) (relating to permitting in-precinct provi-
sional voting) shall apply with respect to the regularly
scheduled general election for Federal office held in No-
vember 2002 and each succeeding election for Federal of-
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fice, except that if the chief State election official of a
State certifies that good cause exists to delay the imple-
mentation of such standard in the State, the standard
shall apply in the State with respect to the regularly
scheduled general election for Federal office held in No-
vember 2004 and each succeeding election for Federal of-
fice held in the State.
TITLE VI—VOTING RIGHTS OF
MILITARY 
MEMBERS 
AND
OVERSEAS CITIZENS
SEC. 601. VOTING ASSISTANCE PROGRAMS.
(a) IN GENERAL.—(1) Chapter 80 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1566. Voting assistance: compliance assessments;
assistance
‘‘(a) REGULATIONS.—The Secretary of Defense shall
prescribe regulations to require that the Army, Navy, Air
Force, and Marine Corps ensure their compliance with any
directives issued by the Secretary of Defense in imple-
menting any voting assistance program.
‘‘(b) VOTING ASSISTANCE PROGRAMS DEFINED.—In
this section, the term ‘voting assistance programs’
means—
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‘‘(1) the Federal Voting Assistance Program
carried out under the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff et
seq.); and
‘‘(2) any similar program.
‘‘(c) ANNUAL EFFECTIVENESS
AND COMPLIANCE
REVIEWS.—(1) The Inspector General of each of the
Army, Navy, Air Force, and Marine Corps shall conduct—
‘‘(A) an annual review of the effectiveness of
voting assistance programs; and
‘‘(B) an annual review of the compliance with
voting assistance programs of that armed force.
‘‘(2) Upon the completion of each annual review
under paragraph (1), each Inspector General specified in
that paragraph shall submit to the Inspector General of
the Department of Defense a report on the results of each
such review. Such report shall be submitted in time each
year to be reflected in the report of the Inspector General
of the Department of Defense under paragraph (3).
‘‘(3) Not later than March 31 each year, the Inspec-
tor General of the Department of Defense shall submit
to Congress a report on—
‘‘(A) the effectiveness during the preceding cal-
endar year of voting assistance programs; and
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‘‘(B) the level of compliance during the pre-
ceding calendar year with voting assistance pro-
grams of each of the Army, Navy, Air Force, and
Marine Corps.
‘‘(d) INSPECTOR GENERAL ASSESSMENTS.—(1) The
Inspector General of the Department of Defense shall pe-
riodically conduct at Department of Defense installations
unannounced assessments of the compliance at those in-
stallations with—
‘‘(A) the requirements of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff et seq.);
‘‘(B) Department of Defense regulations re-
garding that Act and the Federal Voting Assistance
Program carried out under that Act; and
‘‘(C) other requirements of law regarding voting
by members of the armed forces.
‘‘(2) The Inspector General shall conduct an assess-
ment under paragraph (1) at not less than 10 Department
of Defense installations each calendar year.
‘‘(3) Each assessment under paragraph (1) shall in-
clude a review of such compliance—
‘‘(A) within units to which are assigned, in the
aggregate, not less than 20 percent of the personnel
assigned to duty at that installation;
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‘‘(B) within a representative survey of members
of the armed forces assigned to that installation and
their dependents; and
‘‘(C) within unit voting assistance officers to
measure program effectiveness.
‘‘(e) REGULAR MILITARY DEPARTMENT ASSESS-
MENTS.—The Secretary of each military department shall
include in the set of issues and programs to be reviewed
during any management effectiveness review or inspection
at the installation level an assessment of compliance with
the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.) and with Department of De-
fense regulations regarding the Federal Voting Assistance
Program.
‘‘(f) VOTING ASSISTANCE OFFICERS.—(1) Voting as-
sistance officers shall be appointed or assigned under De-
partment of Defense regulations. Commanders at all levels
are responsible for ensuring that unit voting officers are
trained and equipped to provide information and assist-
ance to members of the armed forces on voting matters.
Performance evaluation reports pertaining to a member
who has been assigned to serve as a voting assistance offi-
cer shall comment on the performance of the member as
a voting assistance officer. The Secretary of each military
department shall certify to Congress that (at a minimum)
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a voting assistance officer has been appointed or assigned
for each military installation and major command under
the jurisdiction of the department and that a replacement
will be appointed if the original officer is no longer able
to serve.
‘‘(2) Under regulations and procedures prescribed by
the Secretary, a member of the armed forces appointed
or assigned to duty as a voting assistance officer shall,
to the maximum extent practicable, be given the time and
resources needed to perform the member’s duties as a vot-
ing assistance officer during the period in advance of a
general election when members and their dependents are
preparing and submitting absentee ballots.
‘‘(3) As part of each assessment prepared by the Sec-
retary of a military department under subsection (e), the
Secretary shall—
‘‘(A) specify the number of members of the
armed forces under the jurisdiction of the Secretary
who are appointed or assigned to duty as voting as-
sistance officers;
‘‘(B) specify the ratio of voting assistance offi-
cers to active duty members of the armed forces
under the jurisdiction of the Secretary;
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‘‘(C) indicate whether this number and ratio
comply with the requirements of the Federal Voting
Assistance Program; and
‘‘(D) describe the training such members re-
ceive to perform their duties as voting assistance of-
ficers.
‘‘(g) REGISTRATION AND VOTING INFORMATION FOR
MEMBERS AND DEPENDENTS.—(1) The Secretary of each
military department, using a variety of means including
both print and electronic media, shall, to the maximum
extent practicable, ensure that members of the armed
forces and their dependents who are qualified to vote have
ready access to information regarding voter registration
requirements and deadlines (including voter registration),
absentee ballot application requirements and deadlines,
and the availability of voting assistance officers to assist
members and dependents to understand and comply with
these requirements.
‘‘(2) The Secretary of each military department shall
make the national voter registration form prepared for
purposes of the Uniformed and Overseas Citizens Absen-
tee Voting Act by the Federal Election Commission avail-
able so that each person who enlists, reenlists, or volun-
tarily extends an enlistment or who completes a perma-
nent change of station in an active or reserve component
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of the Army, Navy, Air Force, or Marine Corps shall re-
ceive such form at the time of the enlistment, reenlist-
ment, extension, or completion of the permanent change
of station, or as soon thereafter as practicable.
‘‘(3) Where practicable, a special day or days shall
be designated at each military installation for the purpose
of informing members of the armed forces and their de-
pendents of election timing, registration requirements, and
voting procedures.
‘‘(h) DELIVERY
OF MAIL FROM OVERSEAS PRE-
CEDING FEDERAL ELECTIONS.—(1) During the four
months preceding a general Federal election month, the
Secretary of Defense shall periodically conduct surveys of
all overseas locations and vessels at sea with military units
responsible for collecting mail for return shipment to the
United States and all port facilities in the United States
and overseas where military-related mail is collected for
shipment to overseas locations or to the United States.
The purpose of each survey shall be to determine if voting
materials are awaiting shipment at any such location and,
if so, the length of time that such materials have been
held at that location. During the fourth and third months
before a general Federal election month, such surveys
shall be conducted biweekly. During the second and first
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‘‘(4) In this section, the term ‘general Federal elec-
tion month’ means November in an even-numbered year.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘1566. Voting assistance: compliance assessments; assistance.’’.
(b) INITIAL REPORT.—The first report under section
1566(c)(3) of title 10, United States Code, as added by
subsection (a), shall be submitted not later than March
31, 2003.
SEC. 602. DESIGNATION OF SINGLE STATE OFFICE TO PRO-
VIDE INFORMATION ON REGISTRATION AND
ABSENTEE BALLOTS FOR ALL VOTERS IN
STATE.
Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Each State’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO
PROVIDE INFORMATION ON REGISTRATION AND ABSEN-
TEE
BALLOT
PROCEDURES
FOR
ALL
VOTERS
IN
STATE.—
‘‘(1) IN GENERAL.—Each State shall designate
a single office which shall be responsible for pro-
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viding information regarding voter registration pro-
cedures and absentee ballot procedures (including
procedures relating to the use of the Federal write-
in absentee ballot) to all absent uniformed services
voters and overseas voters who wish to register to
vote or vote in any jurisdiction in the State.
‘‘(2) RECOMMENDATION
REGARDING
USE
OF
OFFICE
TO
ACCEPT
AND
PROCESS
MATERIALS.—
Congress recommends that the State office des-
ignated under paragraph (1) be responsible for car-
rying out the State’s duties under this Act, including
accepting valid voter registration applications, absen-
tee ballot applications, and absentee ballots (includ-
ing Federal write-in absentee ballots) from all absent
uniformed services voters and overseas voters who
wish to register to vote or vote in any jurisdiction
in the State.’’.
SEC. 603. REPORT ON ABSENTEE BALLOTS TRANSMITTED
AND RECEIVED AFTER GENERAL ELECTIONS.
(a) IN GENERAL.—Section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–
1), as amended by section 602, is amended by adding at
the end the following new subsection:
‘‘(c) REPORT ON NUMBER OF ABSENTEE BALLOTS
TRANSMITTED AND RECEIVED.—Not later than 90 days
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after the date of each regularly scheduled general election
for Federal office, each State and unit of local government
which administered the election shall (through the State,
in the case of a unit of local government) submit a report
to the Election Assistance Commission (established under
the Help America Vote Act of 2001) on the number of
absentee ballots transmitted to absent uniformed services
voters and overseas voters for the election and the number
of such ballots which were returned by such voters and
cast in the election, and shall make such report available
to the general public.’’.
(b) DEVELOPMENT OF STANDARDIZED FORMAT FOR
REPORTS.—The Election Assistance Commission, working
with the Election Assistance Commission Board of Advi-
sors and the Election Assistance Commission Standards
Board, shall develop a standardized format for the reports
submitted by States and units of local government under
section 102(c) of the Uniformed and Overseas Citizens
Absentee Voting Act (as added by subsection (a)), and
shall make the format available to the States and units
of local government submitting such reports.
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SEC. 604. SIMPLIFICATION OF VOTER REGISTRATION AND
ABSENTEE 
BALLOT 
APPLICATION 
PROCE-
DURES FOR ABSENT UNIFORMED SERVICES
AND OVERSEAS VOTERS.
(a) REQUIRING STATES TO ACCEPT OFFICIAL FORM
FOR SIMULTANEOUS VOTER REGISTRATION AND ABSEN-
TEE BALLOT APPLICATION; DEADLINE FOR PROCESSING
APPLICATION.—
(1) IN GENERAL.—Section 102(a) of the Uni-
formed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff–1), as amended by section 602,
is amended—
(A) by amending paragraph (2) to read as
follows:
‘‘(2) accept and process, with respect to any
election for Federal office, any otherwise valid voter
registration application and absentee ballot applica-
tion from an absent uniformed services voter or
overseas voter, if the application is received by the
appropriate State election official not less than 30
days before the election;’’;
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
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‘‘(4) use the official post card form (prescribed
under section 101) for simultaneous voter registra-
tion application and absentee ballot application.’’.
(2) 
CONFORMING
AMENDMENTS.—Section
101(b)(2) of such Act (42 U.S.C. 1973ff(b)(2)) is
amended by striking ‘‘as recommended in section
104’’ and inserting ‘‘as required under section
102(4)’’.
(b) USE OF SINGLE APPLICATION FOR ALL SUBSE-
QUENT ELECTIONS.—Section 104 of such Act (42 U.S.C.
1973ff–3) is amended to read as follows:
‘‘SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSE-
QUENT ELECTIONS.
‘‘(a) IN GENERAL.—If a State accepts and processes
an official post card form (prescribed under section 101)
submitted by an absent uniformed services voter or over-
seas voter for simultaneous voter registration and absen-
tee ballot application (in accordance with section
102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each
subsequent election for Federal office held in the State
through the next 2 regularly scheduled general elections
for Federal office (including any runoff elections which
may occur as a result of the outcome of such general elec-