S 331

112th CONGRESS
1st Session

S. 331

To ensure that military voters have the right to bring a civil action under the Uniformed and Overseas Citizens Absentee Voting Act to safeguard their right to vote.

IN THE SENATE OF THE UNITED STATES

February 14, 2011

Mr. BARRASSO (for himself and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration


A BILL

To ensure that military voters have the right to bring a civil action under the Uniformed and Overseas Citizens Absentee Voting Act to safeguard their right to vote.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Military and Overseas Voters' Relief Act'.

SEC. 2. PRIVATE RIGHT OF ACTION.

    Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4) is amended by striking subsection (b) and inserting the following:

    `(b) Private Right of Action- A person who is aggrieved by a violation of this Act may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this Act.

    `(c) Attorney's Fees- In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney's fees, including litigation expenses, and costs.

    `(d) Reports to Congress-

      `(1) ANNUAL REPORT- Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought by the Attorney General under subsection (a) during the preceding year or any civil action brought by a private party under subsection (b) in which the Attorney General intervened.

      `(2) REPORT ON ENFORCEMENT- Not later than July 1 of each year in which a general election for Federal office is scheduled, the Attorney General shall submit to Congress a report on the number of attorneys and other staff within the Department of Justice assigned to enforce the Uniformed and Overseas Citizen Absentee Voting Act, as well as the Attorney General's plan to detect noncompliance by State and local election officials with the requirements of the law.'.

END