[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1415 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1415
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
ensure that absent uniformed services voters and overseas voters are
aware of their voting rights and have a genuine opportunity to register
to vote and have their absentee ballots cast and counted, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2009
Mr. Schumer (for himself, Mr. Chambliss, and Mr. Nelson of Nebraska)
introduced the following bill; which was read twice and referred to the
Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
ensure that absent uniformed services voters and overseas voters are
aware of their voting rights and have a genuine opportunity to register
to vote and have their absentee ballots cast and counted, 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 and Overseas Voter
Empowerment Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental right.
(2) Due to logistical, geographical, operational and
environmental barriers, military and overseas voters are
burdened by many obstacles that impact their right to vote and
register to vote, the most critical of which include problems
transmitting balloting materials and not being given enough
time to vote.
(3) States play an essential role in facilitating the
ability of military and overseas voters to register to vote and
have their ballots cast and counted, especially with respect to
timing and improvement of absentee voter registration and
absentee ballot procedures.
(4) The Department of Defense educates military and
overseas voters of their rights under the Uniformed and
Overseas Citizens Absentee Voting Act and plays an
indispensable role in facilitating the procedural channels that
allow military and overseas voters to have their votes count.
(5) The local, State, and Federal Government entities
involved with getting ballots to military and overseas voters
must work in conjunction to provide voter registration services
and balloting materials in a secure and expeditious manner.
SEC. 3. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED SERVICES
VOTERS AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO
SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE BALLOT
APPLICATIONS BY MAIL, ELECTRONICALLY, AND BY FACSIMILE.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for absent uniformed services voters and
overseas voters to request by mail, electronically, and
by facsimile voter registration applications and
absentee ballot applications with respect to general,
special, primary, and runoff elections for Federal
office in accordance with subsection (e);
``(B) for States to send by mail, electronically,
and by facsimile (in accordance with the preferred
method of transmission designated by the absent
uniformed services voter or overseas voter under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (e); and
``(C) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such voter registration application or absentee ballot
application to be transmitted by mail, electronically,
or by facsimile.''; and
(2) by adding at the end the following new subsection:
``(e) Designation of Email Address and Facsimile Number for Absent
Uniformed Services Voters and Overseas Voters To Request and for States
To Send Voter Registration Applications and Absentee Ballot
Applications, and for Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 email address and not less than 1
facsimile number--
``(A) for use by absent uniformed services voters
and overseas voters who wish to register to vote or
vote in any jurisdiction in the State to request voter
registration applications and absentee ballot
applications under subsection (a)(6);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to absent uniformed
services voters and overseas voters.
``(2) Inclusion of designated email address and facsimile
number on balloting materials and related communications.--Each
State shall include an email address and facsimile number so
designated on all balloting materials and related
communications sent by the State to absent uniformed services
voters and overseas voters.
``(3) Availability and maintenance of online repository of
state contact information.--The Federal Voting Assistance
Program of the Department of Defense shall maintain and make
available to the public an online repository of State contact
information with respect to elections for Federal office,
including the single State office designated under subsection
(b) and the email address and facsimile number designated under
paragraph (1), to be used by absent uniformed services voters
and overseas voters as a resource to send voter registration
applications and absentee ballot applications to the
appropriate jurisdiction in the State.
``(4) Transmission if no preference indicated.--In the case
where an absent uniformed services voter or overseas voter does
not designate a preference under subsection (a)(6)(C), the
State shall transmit the voter registration application or
absentee ballot application by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(5) Privacy protections.--The procedures established
under subsection (a)(6) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter who requests or is sent a
voter registration application or absentee ballot application
under such subsection is protected throughout the process of
making such request or being sent such application.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 4. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK
ABSENTEE BALLOTS BY MAIL, ONLINE, AND BY FACSIMILE TO
ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 3, is
amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail, electronically, and by facsimile blank
absentee ballots to absent uniformed services voters and
overseas voters with respect to general, special, primary, and
runoff elections for Federal office in accordance with
subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Transmission of Blank Absentee Ballots by Mail, Online, and
by Facsimile.--
``(1) In general.--Each State shall establish procedures--
``(A) to transmit blank absentee ballots by mail,
electronically, and by facsimile (in accordance with
the preferred method of transmission designated by the
absent uniformed services voter or overseas voter under
subparagraph (B)) to absent uniformed services voters
and overseas voters for an election for Federal office;
and
``(B) by which the absent uniformed services voter
or overseas voter can designate whether they prefer for
such blank absentee ballot to be transmitted by mail,
electronically, or by facsimile.
``(2) Transmission if no preference indicated.--In the case
where an absent uniformed services voter or overseas voter does
not designate a preference under paragraph (1)(B), the State
shall transmit the ballot by any delivery method allowable in
accordance with applicable State law, or if there is no
applicable State law, by mail.
``(3) Privacy protections.--The procedures established
under subsection (a)(7) shall ensure that the privacy of the
identity and other personal data of an absent uniformed
services voter or overseas voter to whom a blank absentee
ballot is transmitted under such subsection is protected
throughout the process of such transmission.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 5. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
HAVE TIME TO VOTE.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 4, is
amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(8) except as provided in subsection (g), transmit a
validly requested absentee ballot to an absent uniformed
services voter or overseas voter--
``(A) in the case where the request is received at
least 45 days before an election for Federal office,
not later than 45 days before the election; and
``(B) in the case where the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot; and
``(9) except as provided in subsection (g), accept and
count a marked absentee ballot of an absent uniformed services
voter or overseas voter that is postmarked or otherwise
officially dated on or before the election for Federal office
involved if the marked absentee ballot is received by the State
on or before the later of--
``(A) the date that is 55 days after the date on
which a validly requested absentee ballot is required
to be transmitted under paragraph (8)(A); or
``(B) the date on which the State certifies the
election.''; and
(2) by adding at the end the following new subsection:
``(g) Exemption of Certain States From Certain Time Requirements.--
``(1) In general.--A State is not required to comply with
the requirements of paragraphs (8) and (9) of subsection (a)
if, on and after the date of enactment of this subsection, the
State has in effect a law providing that a State absentee
ballot is required to be available to any absent uniformed
services voter or overseas voter not later than 55 days before
the election for Federal office involved (determined beginning
on the date on which the State transmits a blank absentee
ballot to an absent uniformed services voter or overseas voter
and ending on the deadline of the State for receipt of such
application).
``(2) Hardship exemption.--
``(A) In general.--If the chief State election
official determines that the State is unable to meet
the requirements under such paragraphs with respect to
an election for Federal office due to an undue hardship
described in subparagraph (B)(ii), the chief State
election official shall request that the Presidential
designee grant a waiver to the State of the application
of such paragraphs. Such request shall include--
``(i) a recognition that the purpose of
such paragraphs is to allow absent uniformed
services voters and overseas voters enough time
to vote in an election for Federal office;
``(ii) an explanation of the hardship that
indicates why the State is unable to transmit
absent uniformed services voters and overseas
voters an absentee ballot in accordance with
such paragraphs;
``(iii) the number of days prior to the
election for Federal office that the State
requires absentee ballots be transmitted to
absent uniformed services voters and overseas
voters; and
``(iv) a comprehensive plan to ensure that
absent uniformed services voters and overseas
voters are able to receive absentee ballots
which they have requested and submit marked
absentee ballots to the appropriate State
election official in time to have that ballot
counted in the election for Federal office,
which includes--
``(I) the steps the State will
undertake to ensure that absent
uniformed services voters and overseas
voters have time to receive, mark, and
submit their ballots in time to have
those ballots counted in the election;
``(II) why the plan provides absent
uniformed services voters and overseas
voters sufficient time to vote as a
substitute for the requirements under
such paragraphs; and
``(III) the underlying factual
information which explains how the plan
provides such sufficient time to vote
as a substitute for such requirements.
``(B) Approval of waiver request.--The Presidential
designee shall approve a waiver request under
subparagraph (A) if the Presidential designee
determines each of the following requirements are met:
``(i) The comprehensive plan under clause
(iv) of such subparagraph provides absent
uniformed services voters and overseas voters
sufficient time to receive absentee ballots
they have requested and submit marked absentee
ballots to the appropriate State election
official in time to have that ballot counted in
the election for Federal office.
``(ii) One or more of the following issues
creates an undue hardship for the State:
``(I) The State's primary election
date prohibits the State from complying
with such paragraphs (8) and (9).
``(II) The State has suffered a
delay in generating ballots due to a
legal contest with respect to a primary
election.
``(III) The State Constitution
prohibits the State from complying with
such paragraphs.
``(C) Timing of waiver.--
``(i) In general.--Except as provided under
clause (ii), a State that requests a waiver
under subparagraph (A) shall submit to the
Presidential designee the written waiver
request not later than 90 days before the
election for Federal office with respect to
which the request is submitted. The
Presidential designee shall approve or deny the
waiver request not later than 65 days before
such election.
``(ii) Exception.--If a State requests a
waiver under subparagraph (A) as the result of
an undue hardship described in subparagraph
(B)(ii)(II), the State shall submit to the
Presidential designee the written waiver
request as soon as practicable. The
Presidential designee shall approve or deny the
waiver request not later than 5 business days
after the date on which the request is
received.
``(D) Application of waiver.--A waiver approved
under subparagraph (B) shall only apply with respect to
the election for Federal office for which the request
was submitted. For each subsequent election for Federal
office, the Presidential designee shall only approve a
waiver if the State has submitted a request under
subparagraph (A) with respect to such election.''.
(b) Runoff Elections.--Section 102(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as amended by
subsection (a), is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to absent
uniformed services voters and overseas voters in manner that
gives them sufficient time to vote in the runoff election.''.
(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 2010 and each succeeding election for
Federal office.
SEC. 6. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
(a) In General.--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. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE
BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.
``(a) Collection.--The Presidential designee shall establish
procedures for collecting marked absentee ballots of absent overseas
uniformed services voters in regularly scheduled general 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) Utilization of Express Mail Delivery Services.--Under the
procedures established under this section, the Presidential designee,
working in conjunction with the United States Postal Service, shall
implement procedures that provide absent uniformed services voters
access to express mail delivery service for the purpose of mailing
marked absentee ballots to the appropriate State election official.
Such procedures shall ensure that the following requirements are met:
``(1) No postage requirement.--In accordance with section
3406 of title 39, United States Code, such marked absentee
ballots and other balloting materials are carried free of
postage.
``(2) Date of mailing.--Such marked absentee ballots are
postmarked with a record of the date on which the ballot is
mailed.
``(c) 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).''.
(b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C.
1973ff(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) carry out section 103A with respect to the collection
and delivery of marked absentee ballots of absent overseas
uniformed services voters in elections for Federal office.''.
(c) Tracking Marked Ballots.--Section 102 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)), as
amended by section 5, is amended by adding at the end the following new
subsection:
``(h) Tracking Marked Ballots.--The chief State election official,
in coordination with local election jurisdictions, shall develop a free
access system by which an absent uniformed services voter or overseas
voter may determine whether the absentee ballot of the absent uniformed
services voter or overseas voter has been received by the appropriate
State election official.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2010 and each succeeding election for
Federal office.
SEC. 7. FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) Use in General, Special, Primary, and Runoff Elections for
Federal Office.--
(1) In general.--Section 103 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--
(A) in subsection (a), by striking ``general
elections for Federal office'' and inserting ``general,
special, primary, and runoff elections for Federal
office'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``a general election'' and
inserting ``a general, special, primary, or runoff
election for Federal office''; and
(C) in subsection (f), by striking ``the general
election'' each place it appears and inserting ``the
general, special, primary, or runoff election for
Federal office''.
(2) Effective date.--The amendments made by this subsection
shall take effect on December 31, 2010, and apply with respect
to elections for Federal office held on or after such date.
(b) Promotion and Expansion of Use.--Section 103(a) of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
2) is amended--
(1) by striking ``General.--The Presidential'' and
inserting ``General.--
``(1) Federal write-in absentee ballot.--The
Presidential''; and
(2) by adding at the end the following new paragraph:
``(2) Promotion and expansion of use of federal write-in
absentee ballots.--
``(A) In general.--Not later than December 31,
2011, the Presidential designee shall adopt procedures
to promote and expand the use of the Federal write-in
absentee ballot as a back-up measure to vote in
elections for Federal office.
``(B) Use of technology.--Under such procedures,
the Presidential designee shall utilize technology to
implement a system under which the absent uniformed
services voter or overseas voter may--
``(i) enter the address of the voter or
other information relevant in the appropriate
jurisdiction of the State, and the system will
generate a list of all candidates in the
election for Federal office in that
jurisdiction; and
``(ii) submit the marked Federal write-in
absentee ballot by printing the ballot
(including complete instructions for submitting
the marked Federal write-in absentee ballot to
the appropriate State election official and the
mailing address of the single State office
designated under section 102(b)).''.
SEC. 8. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATIONS, MARKED ABSENTEE BALLOTS, AND FEDERAL
WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET TECHNICAL
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), as amended by section 6, is amended by adding at the
end the following new subsection:
``(i) Prohibiting Refusal To Accept Applications for Failure To
Meet Technical Requirements.--A State shall not refuse to accept and
process any otherwise valid voter registration application or absentee
ballot application (including the official post card form prescribed
under section 101) or marked absentee ballot submitted in any manner by
an absent uniformed services voter or overseas voter solely on the
basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(b) Federal Write-In Absentee Ballot.--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
Technical Requirements.--A State shall not refuse to accept and process
any otherwise valid Federal write-in absentee ballot submitted in any
manner by an absent uniformed services voter or overseas voter solely
on the basis of the following:
``(1) Notarization requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.''.
(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 2010 and each succeeding election for
Federal office.
SEC. 9. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.
(a) Federal Voting Assistance Program Improvements.--
(1) In general.--The Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1397ff et seq.), as amended by
section 6, is amended by inserting after section 103A the
following new section:
``SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.
``(a) In General.--The Presidential designee shall develop
standards for training, supporting, and emphasizing Voting Assistance
Officers under the Federal Voting Assistance Program of the Department
of Defense--
``(1) for all members of the uniformed services; and
``(2) on all installations and facilities of the uniformed
services in the United States and overseas.
``(b) Duties.--The Presidential designee shall carry out the
following duties:
``(1) Assign Senior Voting Assistance Officers as follows:
``(A)(i) Assign 1 Senior Voting Assistance Officer
on each installation or facility and in each
organization of the uniformed services, at the 0-6
level, to coordinate the programs conducted by
subordinate units and tenant commands.
``(ii) To the extent practicable, subject to clause
(iii), an individual assigned under this subparagraph
as the Senior Voting Assistance Officer on an
installation or facility or in an organization shall be
an employee in a position at GS-12 or higher of the
General Schedule, or, if a member of a uniformed
service is so assigned, the member shall be in a pay
grade of O-4 or higher.
``(iii) In the case where the number of individuals
on the installation or facility or in the organization
at the 0-6 level is less than 50, the Senior Voting
Assistance Officer shall be assigned at the next
highest level that has at least 50 individual assigned
to it.
``(iv) To the extent practicable, each individual
assigned under this subparagraph shall notify
individuals on the installation or facility or in the
organization of the last date before a regularly
scheduled general election for Federal office on which
absentee ballots mailed from that installation,
facility, or organization may reasonably be expected to
be delivered in time to be counted in such election.
``(B) Assign 1 Senior Voting Assistance Officer to
each reserve component at its headquarters level.
``(2) Designate and assign in writing 1 Voting Assistance
Officer to each unit, installation, or facility of the
uniformed services for every 50 members of a uniformed service
permanently assigned to the unit, installation, or facility. A
member of a uniformed service assigned under the preceding
sentence shall hold a pay grade of not less than O-2 for
officers or E-7 for enlisted personnel. Voting Assistance
Officers assigned under this paragraph shall operate under the
guidance of Senior Voting Assistance Officers assigned under
paragraph (1).
``(3) Ensure that Voting Assistance Officers are available
and equipped to--
``(A) personally assist absent uniformed services
voters with respect to each election for Federal
office; and
``(B) ensure that any absent uniformed services
voter who appears to need assistance in reading or
understanding the English language on voter
registration or voting materials receives immediate
assistance with balloting materials in the appropriate
language.
``(4) Provide Voting Assistance Officers with time and
resources needed to perform their voting assistance duties,
especially during even-numbered years.
``(5) Develop online portals of information for use by
Voting Assistance Officers--
``(A) for training purposes; and
``(B) to inform absent uniformed services voters
regarding voter registration procedures and absentee
ballot procedures to be used by such voters with
respect to elections for Federal office.
``(6) Establish a program to notify absent uniformed
services voters of voter registration information and
resources, the availability of the Federal postcard
application, and the availability of the Federal write-in
absentee ballot on the military Global Network, and shall use
the military Global Network to notify absent uniformed services
voters of the foregoing 90, 60, and 30 days prior to each
election for Federal office.
``(7) Include, in the standard forms provided to a new
member of the uniformed services during in-processing upon
arrival at installations and bases of the uniformed services,
information on voter registration procedures and absentee
ballot procedures to be used by absent uniformed services
voters (including the official post card form prescribed under
section 101).
``(8) Provide clear written notice and instructions for the
absent uniformed services voter to change their address by
submitting the official post card form prescribed under section
101 to the appropriate State election official.
``(9) Not later than December 31 of each year, transmit to
the President and to Congress a report on the effectiveness of
activities carried out under this section, including the
activities and actions of the Federal Voting Assistance Program
of the Department of Defense, a separate assessment of voter
registration and participation by absent uniformed overseas
voters, a separate assessment of voter registration and
participation by overseas voters who are not members of the
uniformed services, and a description of the cooperation
between the States and the Federal Government in carrying out
this section.
``(c) Clarification Regarding Other Duties and Obligations.--
Nothing in this section shall relieve the Presidential designee of
their duties and obligations under any directives or regulations issued
by the Department of Defense, including the Department of Defense
Directive 1000.04 (or any successor directive or regulation) that is
not inconsistent or contradictory to the provisions of this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Voting Assistance Program of the Department
of Defense such sums as are necessary for purposes of carrying out this
section.''.
(2) Conforming amendments.--Section 101 of such Act (42
U.S.C. 1973ff), as amended by section 6, is amended--
(A) in subparagraph (b)--
(i) by striking ``and'' at the end of
paragraph (7);
(ii) by striking the period at the end of
paragraph (8) and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(9) carry out section 103B with respect to Federal Voting
Assistance Program Improvements.''; and
(B) by adding at the end the following new
subsection:
``(d) Authorization of Appropriations for Carrying Out Federal
Voting Assistance Program Improvements.--There are authorized to be
appropriated to the Presidential designee such sums as are necessary
for purposes of carrying out subsection (b)(9).''.
(b) Treatment of Military Pay, Personnel, and Identification
Offices and Certain Other Offices as Voter Registration Agencies.--
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-1), as amended by section 8, is amended by adding at
the end the following new subsection:
``(j) Treatment of Military Pay, Personnel, and Identification
Offices and Certain Offices as Voter Registration Agencies.--
``(1) Pay, personnel, and identification offices of the
department of defense.--Each State and the Secretary of Defense
shall jointly develop and implement procedures for persons to
apply to register to vote at pay, personnel, and identification
offices of the Department of Defense. A pay, personnel, or
identification office of the Department of Defense shall be
considered to be a voter registration agency designated under
section 7(a)(2) of the National Voter Registration Act of 1993
for all purposes of such Act.
``(2) Designation of certain offices at the installation
level.--
``(A) In general.--A Secretary of a military
department may designate an office at the installation
level, consistent across every installation of the
department of the Secretary concerned, to serve as a
voter registration agency for that department. An
office designated by the Secretary concerned under the
preceding sentence shall be considered to be a voter
registration agency designated under section 7(a)(2) of
such Act for all purposes of such Act.
``(B) Definition of military department and
secretary concerned.--In this paragraph, the terms
`military department' and `Secretary concerned' have
the meaning given such terms in paragraphs (8) and (9),
respectively, of section 101 of title 10, United States
Code.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
(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 2010 and each succeeding election for
Federal office.
SEC. 10. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING CERTAIN
DATA.
(a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)),
as amended by section 9, is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) working with the Election Assistance Commission and
the chief State election official of each State, develop
standards--
``(A) for States to report data on the number of
absentee ballots transmitted and received under section
102(c) and such other data as the Presidential designee
determines appropriate; and
``(B) for the Presidential designee to store the
data reported.''.
(b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C.
1973ff-1(a)), as amended by section 5, is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) report data on the number of absentee ballots
transmitted and received under section 102(c) and such other
data as the Presidential designee determines appropriate in
accordance with the standards developed by the Presidential
designee under section 101(b)(10).''.
(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 2010 and each succeeding election for
Federal office.
SEC. 11. ANNUAL REPORT ON ENFORCEMENT.
Section 105 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973f-4) is amended--
(1) by striking ``The Attorney'' and inserting ``(a) In
General.--The Attorney''; and
(2) by adding at the end the following new subsection:
``(b) Report to Congress.--Not later than December 31 of each year,
the Attorney General shall submit to Congress an annual report on any
civil action brought under subsection (a) during the preceding year.''.
SEC. 12. REQUIREMENTS PAYMENTS.
(a) Use of Funds.--Section 251(b) of the Help America Vote Act of
2002 (42 U.S.C. 15401(b)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Activities under uniformed and overseas citizens
absentee voting act.--A State shall use a requirements payment
made using funds appropriated pursuant to the authorization
under section 257(4) only to meet the requirements under the
Uniformed and Overseas Absentee Voting Act imposed as a result
of the provisions of and amendments made by the Military and
Overseas Voter Empowerment Act.''.
(b) Requirements.--
(1) State plan.--Section 254 of the Help America Vote Act
of 2002 (42 U.S.C. 15404) is amended--
(A) in subsection (a), by striking ``The State''
and inserting ``Subject to subsection (c), the State'';
(B) by redesignating subsection (c) as subsection
(d); and
(C) by inserting after subsection (b) the following
new subsection:
``(c) State Plan for Certain Requirements Payments.--In the case of
a requirements payment made using funds appropriated pursuant to the
authorization under section 257(4), the State plan shall contain a
description of how the State will use such requirements payment to meet
the requirements under the Uniformed and Overseas Absentee Voting Act
imposed as a result of the provisions of and amendments made by the
Military and Overseas Voter Empowerment Act.''.
(2) Conforming amendments.--Section 253(b) of the Help
America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--
(A) in paragraph (1)(A), by striking ``section
254'' and inserting ``subsection (a) of section 254
(or, in the case of a requirements payment made using
funds appropriated pursuant to the authorization under
section 257(4), subsection (c) of such section)''; and
(B) in paragraph (2)--
(i) by striking ``(2) The State'' and
inserting ``(2)(A) Subject to subparagraph (B),
the State''; and
(ii) by inserting after subparagraph (A),
as added by clause (i), the following new
subparagraph:
``(B) The requirement under subparagraph (A) shall not
apply in the case of a requirements payment made using funds
appropriated pursuant to the authorization under section
257(4).''.
(c) Authorization.--Section 257 of the Help America Vote Act of
2002 (42 U.S.C. 15407) is amended by adding at the end the following
new paragraph:
``(4) For fiscal year 2010 and subsequent fiscal years,
such sums as are necessary for purposes of making requirements
payments to States to carry out the activities described in
section 251(b)(3).''.
SEC. 13. TECHNOLOGY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Absent uniformed services voter.--The term ``absent
uniformed services voter'' has the meaning given such term in
section 107(a) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.).
(2) Overseas voter.--The term ``overseas voter'' has the
meaning given such term in section 107(5) of such Act.
(3) Presidential designee.--The term ``Presidential
designee'' means the individual designated under section 101(a)
of such Act.
(b) Establishment.--
(1) In general.--The Presidential designee may establish 1
or more pilot programs under which the feasibility of new
election technology is tested for the benefit of absent
uniformed services voters and overseas voters claiming rights
under the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(2) Design and conduct.--The design and conduct of a pilot
program established under this subsection--
(A) shall be at the discretion of the Presidential
designee; and
(B) shall not conflict with or substitute for
existing laws, regulations, or procedures with respect
to the participation of absent uniformed services
voters and military voters in elections for Federal
office.
(c) Considerations.--In conducting a pilot program established
under subsection (b), the Presidential designee may consider the
following issues:
(1) The transmission of electronic voting material across
military networks.
(2) Virtual private networks, cryptographic voting systems,
centrally controlled voting stations, and other information
security techniques.
(3) The transmission of ballot representations and scanned
pictures in a secure manner.
(4) Capturing, retaining, and comparing electronic and
physical ballot representations.
(5) Utilization of voting stations at military bases.
(6) Document delivery and upload systems.
(7) The functional effectiveness of the application or
adoption of the pilot program to operational environments,
taking into account environmental and logistical obstacles and
State procedures.
(d) Reports.--The Presidential designee shall submit to Congress
reports on the progress and outcomes of any pilot program conducted
under this subsection, together with recommendations--
(1) for the conduct of additional pilot programs under this
section; and
(2) for such legislation and administrative action as the
Presidential designee determines appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
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