HR 5673
110th CONGRESS
2d Session
H. R. 5673
To amend the Uniformed and Overseas Citizens Absentee Voting Act
to direct the Secretary of Defense to collect absentee ballots of absent overseas
uniformed services voters for elections for Federal office and deliver the
ballots to State election officials prior to the time established for the
closing of the polls on the date of the election, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 1, 2008
Mr. MCCARTHY of California (for himself, Mr. EHLERS, and Mr. DANIEL E. LUNGREN
of California) introduced the following bill; which was referred to the Committee
on House Administration
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act
to direct the Secretary of Defense to collect absentee ballots of absent overseas
uniformed services voters for elections for Federal office and deliver the
ballots to State election officials prior to the time established for the
closing of the polls on the date of the election, 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 `Military Voting Protection Act of 2008'.
SEC. 2. REQUIRING COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT
OVERSEAS UNIFORMED SERVICES VOTERS.
(a) Requiring Collection and Delivery by Secretary of Defense- The Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended
by inserting after section 103 the following new section:
`SEC. 103A. COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT OVERSEAS
UNIFORMED SERVICES VOTERS.
`(a) Collection- The Presidential designee shall establish procedures for
collecting absentee ballots of absent overseas uniformed services voters in
elections for Federal office, including absentee ballots prepared by States
and the Federal write-in absentee ballot prescribed under section 103, and
for delivering the ballots to the appropriate State election officials.
`(b) Ensuring Delivery Prior to Closing of Polls-
`(1) IN GENERAL- Under the procedures established under this section, the
Presidential designee shall ensure that any absentee ballot collected prior
to the applicable deadline described in paragraph (2) is delivered to the
appropriate State election official prior to the time established by the
State for the closing of the polls on the date of the election.
`(2) APPLICABLE DEADLINE- The applicable deadline described in this paragraph
is--
`(A) noon (in the location in which the ballot is collected) on the last
Friday that precedes the date of the election involved, in the case of
a regularly scheduled general election for Federal office; or
`(B) noon (in the location in which the ballot is collected) on the fourth
day that immediately precedes the date of the election involved, in the
case of any other election for Federal office.
`(1) USE OF CONTRACTOR PERMITTED- To the greatest extent practicable, the
Presidential designee shall carry out this section by contract with a private
provider of air transportation.
`(2) TRACKING MECHANISM- Any contract entered into pursuant to paragraph
(1) shall include a requirement that the private provider of air transportation
implement procedures to enable any individual whose absentee ballot is collected
by the Presidential designee under the procedures established under this
section to track the progress of the ballot using the Internet, an automated
telephone system, or such other methods as may be provided under the contract.
`(d) Absent Overseas Uniformed Services Voter Defined- In this section, the
term `absent overseas uniformed services voter' means an overseas voter described
in section 107(5)(A).
`(e) Authorization of Appropriations- There are authorized to be appropriated
to the Presidential designee such sums as may be necessary to carry out this
section. Any amounts appropriated pursuant to the authorization under this
subsection shall remain available until expended without fiscal year limitation.'.
(b) Conforming Amendments-
(1) FEDERAL RESPONSIBILITIES- Section 101(b) of such Act (42 U.S.C. 1973ff(b))
is amended--
(A) by striking `and' at the end of paragraph (6);
(B) by striking the period at the end of paragraph (7) and inserting `;
and'; and
(C) by adding at the end the following new paragraph:
`(8) carry out section 103A with respect to the collection and delivery
of absentee ballots of absent overseas uniformed services voters in elections
for Federal office.'.
(2) STATE RESPONSIBILITIES- Section 102(a) of such Act (42 U.S.C. 1973ff-1(a))
is amended--
(A) by striking `and' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and inserting `;
and'; and
(C) by adding at the end the following new paragraph:
`(6) carry out section 103A(b)(2) with respect to the processing and acceptance
of absentee ballots of absent overseas uniformed services voters.'.
(c) Effective Date- The amendments made by this section shall apply with respect
to the regularly scheduled general election for Federal office held in November
2008 and each succeeding election for Federal office.
SEC. 3. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE BALLOTS.
Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff(b)), as amended by section 2(b), is amended--
(1) by striking `and' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(9) take such actions as may be required to ensure that absent uniformed
services voters are able to cast absentee ballots in a private and independent
manner, and that the contents of absentee ballots of absent uniformed services
voters and overseas voters will remain secret until tabulation by the appropriate
State election official.'.
END
