To amend the Uniformed and Overseas Citizens Absentee Voting Act to increase the ability of absent uniformed services voters and overseas voters to participate in elections for Federal office, and for other purposes.

July 27, 2001

Mr. ROCKEFELLER introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

To amend the Uniformed and Overseas Citizens Absentee Voting Act to increase the ability of absent uniformed services voters and overseas voters to participate 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 `Uniformed and Overseas Citizen Absentee Voting Reform Act of 2001'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Approximately 3,000,000 to 6,000,000 American citizens, including 576,000 Federal employees and their overseas dependents in the armed services and in other Federal agencies, live permanently or temporarily reside outside the 50 States and the District of Columbia.

(2) The members of the armed services, their dependents, other employees of the Federal Government and their dependents, and the approximately 3,000,000 to 5,500,000 other American citizens abroad make an inestimable contribution to the security, economic well-being, and cultural vitality of the United States.

(3) Although great progress has been made in recent decades in assuring that these citizens have the chance to participate fully in our democratic process, the national elections of November 2000 revealed grave shortcomings in our system, with nearly 40 percent of overseas ballots rejected in one State alone.

(4) Moreover, during these elections it became apparent that timely information about the numbers of American citizens seeking to vote and voting from abroad, information which is essential to measure the effectiveness of our overseas voting system, is not currently provided by the States.

SEC. 3. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE BALLOT APPLICATION PROCEDURES FOR ABSENT UNIFORMED SERVICES AND OVERSEAS VOTERS.

(a) REQUIRING STATES TO ACCEPT OFFICIAL FORM FOR SIMULTANEOUS VOTER REGISTRATION AND ABSENTEE BALLOT APPLICATION; DEADLINE FOR PROVIDING ABSENTEE BALLOT-

(1) IN GENERAL- Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) 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 application 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 a semicolon; and

(C) by adding at the end the following new paragraphs:

`(4) use the official post card form (prescribed under section 101) for simultaneous voter registration application and absentee ballot application; and

`(5) transmit the absentee ballot for an election to each absent uniformed services voter and overseas voter who is registered with respect to the election as soon as practicable after the voter is registered, but in no case later than the 45th day preceding the election (if the voter is registered as of such day).'.

(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 SUBSEQUENT 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 SUBSEQUENT 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 overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(4))--

`(1) the voter shall be deemed to have submitted an absentee ballot application for each subsequent election for Federal office held in the State; and

`(2) the State shall provide an absentee ballot to the voter for each subsequent election for Federal office held in the State (in accordance with the deadline required under section 102(a)(5)).

`(b) EXCEPTION FOR VOTERS CHANGING REGISTRATION- Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State.

`(c) NO EFFECT ON VOTER REMOVAL PROGRAMS- Nothing in this section may be construed to prevent a State from removing any voter from the rolls of registered voters in the State under any program or method permitted under section 8 of the National Voter Registration Act of 1993.'.

SEC. 4. REMOVING BARRIERS TO ACCEPTANCE OF COMPLETED BALLOTS.

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 subsection:

`(b) SPECIAL REQUIREMENTS REGARDING ACCEPTANCE OF COMPLETED BALLOTS-

`(1) MANDATORY MINIMUM PERIOD FOR ACCEPTANCE OF ABSENTEE BALLOT AFTER DATE OF ELECTION- Notwithstanding any other provision of law, a State shall not refuse to count an absentee ballot submitted in an election for Federal office by an absent uniformed services voter or overseas voter on the grounds that the ballot was not submitted in a timely manner if--

`(A) the ballot is received by the State not later than 14 days after the date of the election;

`(B) the ballot is signed and dated by the voter; and

`(C) the date provided by the voter on the ballot is not later than the day before the date of the election.

`(2) PROHIBITING REFUSAL OF BALLOT FOR LACK OF POSTMARK- A State shall not refuse to count an absentee ballot submitted in an election for Federal office by an absent uniformed services voter or overseas voter on the grounds that the ballot or the envelope in which the ballot is submitted lacks a postmark if the ballot is signed and dated by the voter and a witness within the deadline applicable under State law for the submission of the ballot (taking into account the requirements of paragraph (1)).'.

SEC. 5. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS.

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 4, is amended by adding at the end the following new subsection:

`(c) OTHER REQUIREMENTS AND PROHIBITIONS-

`(1) RESPONSE TO SUBMITTED MATERIALS-

`(A) APPLICATIONS FOR VOTER REGISTRATION AND ABSENTEE BALLOT REQUEST- With respect to each absent uniformed services voter and each overseas voter who submits a voter registration application or an absentee ballot request, the State--

`(i) shall immediately notify the voter as to whether or not the State has approved the application or request; and

`(ii) if the State rejects the application or request, shall provide the voter with the reasons for the rejection.

`(B) ABSENTEE BALLOTS- With respect to each absent uniformed services voter and each overseas voter who submits a completed absentee ballot, the State--

`(i) shall immediately notify the voter as to whether or not the State has received the ballot; and

`(ii) if the State refuses to accept the ballot, shall provide the voter with the reasons for refusal.

`(2) USE OF FACSIMILE MACHINES AND INTERNET- Each State shall make voter registration applications, absentee ballot requests, and absentee ballots available to absent uniformed services voters and overseas voters through the use of facsimile machines and the Internet, and shall permit such voters to transmit completed applications and requests to the State through the use of such machines and the Internet. Nothing in this paragraph may be construed to prohibit a State from accepting completed absentee ballots from absent uniformed services voters and overseas voters through the use of facsimile machines.

`(3) PROHIBITING NOTARIZATION REQUIREMENTS- A State may not refuse to accept any voter registration application, absentee ballot request, or absentee ballot submitted by an absent uniformed services voter or overseas voter on the grounds that the document involved is not notarized.

`(4) COMPILATION OF STATISTICS-

`(A) IN GENERAL- For each election for Federal office held in the State, each State shall compile and publish the following information with respect to absent uniformed services voters and overseas voters:

`(i) The number of voter registration applications received from each such group of voters, together with the number of such applications which were rejected by the State and the reasons for rejection.

`(ii) The number of absentee ballots sent to each such group of voters.

`(iii) The number of completed absentee ballots submitted by each such group of voters, together with the number of such ballots which were rejected by the State and the reasons for rejection.

`(B) BREAKDOWN BY LOCAL JURISDICTION AND OVERSEAS LOCATION- In compiling and publishing the information described in subparagraph (A), the State shall break down each category of such information by county (or other appropriate local election district) and by the locations to which and from which the materials described in such subparagraph were transmitted and received.

`(C) TRANSMISSION TO PRESIDENTIAL DESIGNEE- With respect to information regarding a Presidential election year, the State shall transmit the information compiled under this paragraph to the Presidential designee at such time and in such manner as the Presidential designee may require to prepare the report described in section 101(b)(6).'.

SEC. 6. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE.

(a) EDUCATING ELECTION OFFICIALS ON RESPONSIBILITIES UNDER ACT- Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by striking the semicolon

at the end and inserting the following: `, and ensure that such officials are aware of the requirements of this Act;'.

(b) DEVELOPMENT OF STANDARD OATH FOR USE WITH MATERIALS-

(1) IN GENERAL- Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended--

(A) by striking `and' at the end of paragraph (5);

(B) by striking the period at the end of paragraph (6) and inserting `; and'; and

(C) by adding at the end the following new paragraph:

`(7) prescribe a standard oath for use with any document under this title affirming that a material misstatement of fact in the completion of such a document may constitute grounds for a conviction for perjury.'.

(2) REQUIRING STATES TO USE STANDARD OATH- Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as amended by sections 3(a) and 4, is further 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) if the State requires an oath or affirmation to accompany any document under this title, use the standard oath prescribed by the Presidential designee under section 101(b)(7).'.

(c) TRANSMISSION OF FEDERAL WRITE-IN ABSENTEE BALLOT THROUGH FACSIMILE MACHINES AND INTERNET- Section 103 of such Act (42 U.S.C. 1973ff-2) is amended--

(1) by redesignating subsections (b) through (f) as subsections (c) through (g); and

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

`(b) TRANSMISSION OF BALLOT THROUGH FACSIMILE MACHINES AND INTERNET- The Presidential designee shall make the Federal write-in absentee ballot and the application for such a ballot available to overseas voters through the use of facsimile machines and the Internet, and shall permit such voters to transmit completed applications for such a ballot to the Presidential designee through the use of such machines and the Internet.'.

(d) PROVIDING BREAKDOWN BETWEEN OVERSEAS VOTERS AND ABSENT UNIFORMED SERVICES VOTERS IN STATISTICAL ANALYSIS OF VOTER PARTICIPATION- Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is amended by inserting after `participation' the following: `(listed separately for overseas voters and absent uniformed services voters)'.

SEC. 7. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED SERVICES VOTERS TO RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.

The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 104 the following new section:

`SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED SERVICES VOTERS.

`(a) IN GENERAL- For purposes of this Act, an individual who is a separated uniformed services voter (or the spouse or dependent of such an individual) shall be treated in the same manner as an absent uniformed services voter with respect to any election occurring during the 60-day period which begins on the date the individual becomes a separated uniformed services voter.

`(b) SEPARATED UNIFORMED SERVICES VOTER DEFINED-

`(1) IN GENERAL- In this section, the term `separated uniformed services voter' means an individual who--

`(A) is separated from the uniformed services;

`(B) was a uniformed services voter immediately prior to separation;

`(C) presents to an appropriate election official Department of Defense Form 214 showing that the individual meets the requirements of subparagraphs (A) and (B) (or any other official proof of meeting such requirements); and

`(D) is otherwise qualified to vote with respect to the election involved.

`(2) UNIFORMED SERVICES VOTER- In paragraph (1), the term `uniformed services voter' means--

`(A) a member of a uniformed service on active duty; or

`(B) a member of the merchant marine.'.

SEC. 8. FINANCIAL ASSISTANCE TO STATES FOR COSTS OF COMPLIANCE.

(a) IN GENERAL- The Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act shall make a payment to each eligible State for carrying out activities to comply with the requirements of such Act, including the amendments made to such Act by this Act.

(b) ELIGIBILITY- A State is eligible to receive a payment under this section if it submits to the Presidential designee (at such time and in such form as the Presidential designee may require) an application containing such information and assurances as the Presidential designee may require.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for the first fiscal year which begins after the date of the enactment of this Act such sums as may be necessary to carry out this section, to remain available until expended.

SEC. 9. EFFECTIVE DATE.

The amendments made by sections 3, 4, 5, 6, and 7 shall apply with respect to elections occurring after the date of the enactment of this Act.

END