Library / Laws / 113th / hr / H.R. 2168 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2168
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Heck of
Washington 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 promote the efficient delivery and receipt of absentee ballots
and other voting materials to absent uniformed services voters, and for other
purposes.
1.
Short title
This Act may be cited as the
Helping Heroes Vote Act of
2013.
2.
Provision of
information to election officials on deployments of absent uniformed services
voters
(a)
Requiring
secretary of defense To provide information
Section 101(b) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)) is amended—
(1) by striking
and at the end of paragraph (10);
(2) by striking the
period at the end of paragraph (11) and inserting ; and;
and
(3) by adding at the
end the following new paragraph:
(12) to the greatest extent practicable, notify
the appropriate election official of the State in which an absent uniformed
services voter is registered to vote of any change in the current mailing
address of the voter which results from the voter being deployed on active duty
for a period of more than 30 days from the voter’s permanent duty station or
redeployed from such a deployment without first returning to the voter’s
permanent duty
station.
.
(b)
Effective
date
The amendment made by subsection (a) shall apply with
respect to deployments or redeployments occurring on or after the date of the
enactment of this Act.
3.
Revisions to 45-day
absentee ballot transmission rule
(a)
Repeal of waiver
authority
(1)
In
general
Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended by striking subsection
(g).
(2)
Conforming
amendment
Section 102(a)(8)(A) of such Act (42 U.S.C.
1973ff–1(a)(8)(A)) is amended by striking except as provided in
subsection (g),.
(b)
Requiring use of
express delivery in case of failure To meet requirement
Section
102 of such Act (42 U.S.C. 1973ff–1), as amended by subsection (a), is amended
by inserting after subsection (f) the following new subsection:
(g)
Requiring use of
express delivery in case of failure To transmit ballots within
deadlines
(1)
Transmission of
ballot by express delivery
If
a State fails to meet the requirement of subsection (a)(8)(A) to transmit a
validly requested absentee ballot to an absent uniformed services voter or
overseas voter not later than 45 days before the election (in the case in which
the request is received at least 45 days before the election)—
(A) the State shall
transmit the ballot to the voter by express delivery; or
(B) in the case of a voter who has designated
that absentee ballots be transmitted electronically in accordance with
subsection (f)(1), the State shall transmit the ballot to the voter
electronically.
(2)
Special rule for
transmission fewer than 40 days before the election
If, in
carrying out paragraph (1), a State transmits an absentee ballot to an absent
uniformed services voter or overseas voter fewer than 40 days before the
election, the State shall enable the ballot to be returned by the voter by
express delivery, except that in the case of an absentee ballot of an absent
uniformed services voter for a regularly scheduled general election for Federal
office, the State may satisfy the requirement of this paragraph by notifying
the voter of the procedures for the collection and delivery of such ballots
under section
103A.
.
(c)
Clarification of
treatment of weekends
Section
102(a)(8)(A) of such Act (42 U.S.C. 1973ff–1(a)(8)(A)) is amended by striking
the election; and inserting the following: the election
(or, if the 45th day preceding the election is a weekend or legal public
holiday, not later than the most recent weekday which precedes such 45th day
and which is not a legal public holiday, but only if the request is received by
at least such most recent weekday);.
(d)
Effective
date
The amendments made by
this section shall apply with respect to elections occurring on or after
January 1, 2014.
4.
Establishment of
alternative procedures to accept and process absentee ballots of military
voters and overseas citizens in event of major disasters
(a)
Responsibilities
of State election officials
Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)) is
amended—
(1) by striking
and at the end of paragraph (10);
(2) by striking the
period at the end of paragraph (11) and inserting ; and;
and
(3) by adding at the
end the following new paragraph:
(12) establish procedures to ensure the
effective and timely acceptance and processing of absentee ballots transmitted
by absent uniformed services voters and overseas voters in the event of a major
disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122)) in the
State.
.
(b)
Effective
date
The amendment made by subsection (a) shall apply with
respect to elections for Federal office held on or after the date of the
enactment of this Act.
5.
Prohibition of
refusal to accept voter registration and absentee ballot applications from
overseas voters on grounds of early submission
Section 104 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) is amended—
(1) by inserting
or overseas voter after absent uniformed services
voter; and
(2) by striking
uniformed services. and inserting uniformed services or
who do not reside outside the United States..
6.
Additional
funding to carry out uocava
(a)
Funding
There
are authorized to be appropriated to the Presidential designee under the
Uniformed and Overseas Citizens Absentee Voting Act $25,000,000 to carry out
the requirements of such Act.
(b)
Treatment of
funds
Any amounts appropriated pursuant to the authorization
under subsection (a)—
(1) shall be in addition to any other amounts
appropriated to the Presidential designee under the Uniformed and Overseas
Citizens Absentee Voting Act pursuant to any other authorization under law;
and
(2) shall remain
available until expended.