HR 4173 - OVERSEAS Vote Act: Overseas Voting Education and Reform, Safeguarding Every American's Vote Act

HR 4173

110th CONGRESS
1st Session

H. R. 4173

To amend the Uniformed and Overseas Citizens Absentee Voting Act to promote the participation of absent overseas voters in elections for Federal office, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

November 14, 2007

Mr. HONDA introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on 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 promote the participation of absent overseas voters in elections for Federal office, and for other purposes.

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 `Overseas Voting Education and Reform, Safeguarding Every American's Vote Act' or the `OVERSEAS Vote Act'.

SEC. 2. PROHIBITING REFUSAL TO ACCEPT ABSENTEE BALLOT FOR FAILURE TO INCLUDE NOTARIZATION ON RETURN ENVELOPE.

Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection:

`(f) Prohibiting Refusal To Accept Ballot For Failure to Include Notarization on Return Envelope- 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 the grounds that the envelope in which the ballot is submitted is not notarized or witnessed by a Notary Public or other official authorized to administer oaths.'.

SEC. 3. WAIVING REQUIREMENT TO APPLY FOR STATE ABSENTEE BALLOT AS CONDITION FOR USE OF FEDERAL WRITE-IN ABSENTEE BALLOT.

(a) Waiving Requirement- Section 103(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended by striking `who make timely applications for' and all that follows through `absentee ballots' and inserting a period.

(b) Conforming Amendment Relating to Timing of Request- Section 103(b) of such Act (42 U.S.C. 1973ff-2(b)) is amended--

(1) by adding `or' at the end of paragraph (1);

(2) by striking paragraph (2); and

(3) by redesignating paragraph (3) as paragraph (2).

SEC. 4. PROVISION OF BALLOTS IN SUBSEQUENT ELECTIONS.

(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 striking `through the next 2 regularly scheduled general elections' and all that follows through `such general elections),' and inserting `(subject to subsections (b) and (d)),'

(b) Waiver of Requirement To Provide Absentee Ballots in Subsequent Elections to Individuals With Unknown Addresses- Section 104(a) of such Act (42 U.S.C. 1973ff-3(a)) is amended by striking 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 forwarding address within the State.'.

SEC. 5. GRANT PROGRAM FOR OVERSEAS CIVILIAN VOTER OUTREACH.

(a) Establishment of Program-

(1) PROGRAM DESCRIBED- The Election Assistance Commission (hereafter referred to as the `Commission') shall establish and operate a program for making grants to eligible organizations for carrying out activities to assist overseas civilian voters in voting in elections for Federal office and to increase turnout among such voters by providing them with information 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 (2), together with such other information and assurances as the Commission considers appropriate.

(2) SPECIFIC REQUIREMENTS FOR ELIGIBILITY- The specific requirements described in this paragraph are as follows:

(A) The organization is nonpartisan in nature 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 participation of overseas voters in elections for Federal office.

(i) Outreach and education to identify overseas civilian 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 overseas civilian voters in registering to vote and casting ballots in elections for Federal office, and to provide the assistance well in advance of applicable State deadlines.

(D) The organization will file the reports required under subsection (d).

(3) JOINT ELIGIBILITY OF MULTIPLE ORGANIZATIONS- Two or more organizations may be considered a single eligible organization for purposes of receiving a grant under the program under this section, so long as each of them meet the specific requirements for eligibility described in paragraph (2).

(c) Criteria for Selection Among Eligible Organizations- In selecting among eligible organizations for making grants under the program under this section and in determining the amount of the grant awarded, the Commission shall take into consideration the following:

(1) The need to ensure an appropriate distribution of participants among various geographic areas, based upon the most recent available data on the number and location of overseas civilian voters.

(2) The extent to which the organizations enter into partnerships and other collaborative agreements to carry out the projects involved.

(3) The extent to which the organization's approach to providing services under the projects reflects innovation and creativity, including the use of innovative technologies.

(4) In the case of overseas civilian voter education projects, the clarity of presentation and ease of use of the information provided to voters.

(d) Reporting Requirement-

(1) REPORTS- Each eligible organization that receives a grant under the program under this section shall submit to the Commission a report containing the following information with respect to each year covered by the grant:

(A) A description of the projects carried out with funds provided under the grant during the year (and arranged to be carried out during the succeeding year, in the case of a report with respect to an odd-numbered year).

(B) The number of overseas civilian voters to whom outreach was provided under the projects.

(D) In the case of a report filed with respect to an odd-numbered year, the organization's target for the number of overseas civilian voters to whom the organization will provide assistance during the following year (including the target for the number of absentee ballots to be cast by such voters).

(E) In the case of a report filed with respect to an even-numbered year, the number of overseas civilian voters to whom the organization provided assistance during the year and the number of absentee ballots cast by such voters.

(F) The organization's analysis of the opportunities for replication of the projects.

(2) DEADLINE- The organization shall submit the report required under this subsection with respect to a year not later than 90 days after the end of the year.

(e) Overseas Civilian Voter Defined- In this section, the term `overseas civilian voter' means an overseas voter defined in section 107(5) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(5)), but does not include an individual described in subparagraph (A) of such section.

(f) Authorization of Appropriations-

(1) AMOUNT AUTHORIZED- There are authorized to be appropriated for grants under the program under this section an aggregate amount of $5,000,000 for fiscal year 2008 and each of the first 4 succeeding 2-fiscal year periods.

(2) AVAILABILITY- Amounts appropriated pursuant to the authorization under this subsection shall remain available until expended.

SEC. 6. OTHER OUTREACH EFFORTS TO ENCOURAGE OVERSEAS CITIZENS TO CAST ABSENTEE BALLOTS IN ELECTIONS.

(a) Requiring Offices With Overseas Personnel To Provide Notice of Opportunities To Cast Absentee Ballots-

(1) IN GENERAL- The head of each office of the Federal government that has employees whose designated post of duty is outside the United States shall provide such employees with notice of the rights provided to absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act to submit voter registration and absentee ballot requests and to submit absentee ballots (including the Federal write-in absentee ballot described in such Act).

(2) TIMING OF NOTICE- The head of an office shall provide the notice required under paragraph (1) not later than December 1 of each odd-numbered year and August 1 of each even-numbered year.

(b) Including Information in Passports- The Secretary of State shall ensure that each passport issued on or after the date of the enactment of this Act includes a page describing the rights provided to overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act to submit voter registration and absentee ballot requests and to submit absentee ballots (including the Federal write-in absentee ballot described in such Act), and shall include on the page a list of resources through which individuals may obtain additional information regarding such rights.

SEC. 7. APPLICATION OF UOCAVA TO CERTAIN INDIVIDUALS NEVER RESIDING IN UNITED STATES.

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 person 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;'.

SEC. 8. EFFECTIVE DATE.

Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.

END