HR 4237 - Overseas Voting Practical Amendments Act of 2007

HR 4237

110th CONGRESS
1st Session

H. R. 4237

To amend the Uniformed and Overseas Citizens Absentee Voting Act to prohibit States from refusing to accept balloting materials solely because the materials are generated through the use of a computer program, are not printed on a specific type of paper, or do not otherwise meet similar extraneous requirements which are not clearly necessary to prevent fraud in the conduct of elections, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

November 15, 2007

Mrs. MALONEY of New York (for herself and Mr. HONDA) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, 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

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 Practical Amendments Act of 2007'.

SEC. 2. DESIGNATION OF OFFICIAL FEDERAL FORM AS FEDERAL VOTER REGISTRATION AND BALLOT APPLICATION.

(a) Designation and Distribution- Section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended--

(1) in subsection (b)(2), by striking `an official post card form' and inserting `an official Federal Voter Registration and Ballot Application'; and

(2) in subsection (c)(2), by striking `official post card forms' and inserting `official Federal Voter Registration and Ballot Applications'.

(b) Conforming Amendments-

(1) STATE RESPONSIBILITIES- Section 102(a)(4) of such Act (42 U.S.C. 1973ff-1(a)(4)) is amended by striking `the official post card form' and inserting `the official Federal Voter Registration and Ballot Application'.

(2) USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS- Section 104 of such Act (42 U.S.C. 1973ff-3) is amended--

(A) in subsection (a), by striking `an official post card form' and inserting `an official Federal Voter Registration and Ballot Application';

(B) in subsection (c)--

(i) in the heading, by striking `Official Post Card Form' and inserting `Official Federal Voter Registration and Ballot Application', and

(ii) in the matter preceding paragraph (1), by striking `official post card form' and inserting `official Federal Voter Registration and Ballot Application'; and

(C) in subsection (e), by striking `the postcard form' and inserting `the official Federal Voter Registration and Ballot Application'.

(3) DEFINITION OF BALLOTING MATERIALS- Section 107(2) of such Act (42 U.S.C. 1973ff-6(2)) is amended by striking `official post card forms' and inserting `official Federal Voter Registration and Ballot Applications'.

SEC. 3. PROHIBITING REFUSAL TO ACCEPT APPLICATIONS, BALLOTS, AND OTHER MATERIALS FOR FAILURE TO MEET NONESSENTIAL REQUIREMENTS.

(a) Voter Registration and Absentee Ballot Applications- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended by adding at the end the following new subsection:

`(e) Prohibiting Refusal To Accept Applications for Failure To Meet Nonessential Requirements- A State may not refuse to accept or process any otherwise valid voter registration application or absentee ballot application (including the official Federal Voter Registration and Ballot Application prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on any of the following grounds:

`(1) The application is not on a post card, is printed or otherwise produced through the use of a computer program or an Internet site, or is otherwise a facsimile of an official application.

`(2) In the case of the official Federal Voter Registration and Ballot Application prescribed under section 101, the application does not include specific information included on applications produced by the State.

`(3) The application, the envelope in which the application is submitted, or any affidavit or other attestation accompanying the application does not conform to specific requirements under State law regarding the size, shape, weight, or color of the paper on which it is produced.

`(4) The application is not notarized or witnessed by a Notary Public or other official authorized to administer oaths.

`(5) The application is received by the State other than through delivery by the United States Postal Service.

`(6) The application, the envelope in which the application is submitted, or any affidavit or other attestation accompanying the application does not meet any other requirement which the Presidential designee determines (under regulations promulgated by the Presidential designee) is not clearly necessary to prevent fraud in the conduct of elections.'.

(b) Absentee Ballots- Section 103 of such 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 Meet Nonessential Requirements- 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 any of the following grounds:

`(1) The ballot as submitted is printed or otherwise produced through the use of a computer program or an Internet site or is otherwise a facsimile of the original ballot.

`(2) The ballot, the envelope in which the ballot is submitted, or any affidavit or other attestation accompanying the ballot as submitted does not conform to specific requirements under State law regarding the size, shape, weight, or color of the paper on which it is produced.

`(3) The ballot is not notarized or witnessed by a Notary Public or other official authorized to administer oaths.

`(4) The ballot is received by the State other than through delivery by the United States Postal Service.

`(5) The ballot, the envelope in which the ballot is submitted, or any affidavit or other attestation accompanying the ballot as submitted does not meet any other requirement which the Presidential designee determines (under regulations promulgated by the Presidential designee) is not clearly necessary to prevent fraud in the conduct of elections.'.

SEC. 4. REQUIRING CLARIFICATION OF POSTAGE MARKINGS ON CERTAIN BALLOTING MATERIALS MAILED BY STATES.

Section 3406 of title 39, United States Code, is amended--

(1) by redesignating subsection (b) as subsection (c); and

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

`(b) In the case of balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act consisting of pre-printed return envelopes which are prepared by a State for the submission of materials by an absent uniformed services voter or overseas voter under such Act--

`(1) the State shall ensure that the address to which the materials are to be submitted includes the designation `United States of America' or `USA'; and

`(2) if the materials are designated as postage paid, the State shall clarify whether the designation applies only to materials mailed within the United States or to materials mailed overseas through the Army Post Office or Fleet Post Office.'.

SEC. 5. 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.'.

(c) Permitting Early Submission of Request During Previous Year- Section 104(e) of such Act (42 U.S.C. 1973ff-3(e)) is amended--

(1) by striking `during a year'; and

(2) by striking `for that year'.

SEC. 6. APPLICATION OF UOCAVA TO INDIVIDUALS NEVER RESIDING IN UNITED STATES WHOSE PARENTS ARE OVERSEAS VOTERS.

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. 7. REQUIRING PROMPT NOTIFICATION OF REJECTION OF VOTER REGISTRATION OR ABSENTEE BALLOT REQUEST.

Section 102(d) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(d)) is amended by striking `shall provide' and inserting `shall promptly provide'.

SEC. 8. USE OF DIPLOMATIC POUCH FOR RETURNING COMPLETED ABSENTEE BALLOTS.

Section 101(c) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(c)) is amended by adding at the end the following new paragraph:

`(3) USE OF DIPLOMATIC POUCH FOR RETURNING COMPLETED ABSENTEE BALLOTS- If an overseas voter delivers a completed absentee ballot to an overseas facility of the Department of State, the Secretary of State shall use the diplomatic pouch to transmit the ballot to the United States, but only if--

`(A) the ballot is delivered to the facility not earlier than 14 days prior to the date of the election involved; and

`(B) the Secretary of State determines that there is no effective alternative available at the location of the facility (including private courier services) for the overseas voter to use to ensure the timely receipt of the ballot.'.

SEC. 9. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to elections occurring on or after the expiration of the 45-day period which begins on the date of the enactment of this Act.

END