109th CONGRESS
1st Session
S. 1867
To extend to individuals evacuated from their residences as a result
of Hurricane Katrina the right to use the absentee balloting and registration
procedures available to military and overseas voters under the Uniformed and
Overseas Citizens Absentee Voting Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 7 (legislative day, OCTOBER 6), 2005
Mr. FEINGOLD introduced the following bill; which was read twice and referred
to the Committee on Rules and Administration
A BILL
To extend to individuals evacuated from their residences as a result
of Hurricane Katrina the right to use the absentee balloting and registration
procedures available to military and overseas voters under the Uniformed and
Overseas Citizens Absentee Voting Act, 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 `Displaced Citizens Voter Protection Act of 2005'.
SEC. 2. APPLICABILITY OF PROTECTIONS FOR ABSENT MILITARY AND OVERSEAS VOTERS
TO KATRINA EVACUEES.
(a) Right of Katrina Evacuees to Use Absentee Balloting and Registration Procedures
Available to Military and Overseas Voters- In the case of any individual who
is an eligible Hurricane Katrina evacuee--
(1) the individual shall be treated in the same manner as an absent uniformed
services voter and overseas voter for purposes of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), other than section
103(b)(1) (42 U.S.C. 1973ff-2(b)(1)); and
(2) the individual shall be deemed to be an individual who is entitled to
vote by absentee ballot for purposes of the National Voter Registration
Act of 1993 and the Help America Vote Act of 2002.
(b) Definition- For purposes of this section, the term `eligible Hurricane
Katrina evacuee' means an individual--
(1) who certifies to the appropriate State election official that the individual
is absent from the place of residence where the individual is otherwise
qualified to vote as a result of evacuation from an area affected by Hurricane
Katrina; and
(2) who provides the official with an affidavit stating that the individual
intends to return to such place of residence after the election or elections
involved.
(c) Effective Date- This section shall apply with respect to elections for
Federal office held in calendar years 2006 through 2008.
SEC. 3. REQUIRING DESIGNATED VOTER REGISTRATION AGENCIES TO NOTIFY DISPLACED
INDIVIDUALS OF AVAILABILITY OF PROTECTIONS.
Each motor vehicle authority in a State and each voter registration agency
designated in a State under section 7(a) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg-5(a)) shall take such steps as may be necessary
to notify individuals to whom services are provided of the protections provided
by section 2 and of the requirements for obtaining those protections, including
the requirement to submit an affidavit stating that the individual intends
to return to the place of residence where the individual is otherwise qualified
to vote.
END