Library / Laws / 113th / s / S. 1728 / Reported in Senate
II
Calendar No. 355
113th CONGRESS
2d Session
S. 1728
IN THE SENATE OF THE UNITED STATES
November 19, 2013Mr. Cornyn (for himself, Mr. Schumer, Mr. Blunt, Mr. Warner, Mr. Wicker, Mr. Brown, Mr. Rubio, Mr. King, Mr. Cochran, Mr. Portman, Mr. Cruz, Mr. Walsh, Ms. Klobuchar, and Mr. Pryor) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration
April 10, 2014Reported by Mr. Schumer, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to improve ballot accessibility to
uniformed services voters and overseas voters, and for other purposes.
1.
Short title
This Act may be cited as the
Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act.
I
Amendments
related to the Uniformed and Overseas Citizens Absentee Voting Act
101.
Pre-election
reporting requirement on transmission of absentee
ballots
(a)
In
general
Subsection (c) of
section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff–1(c)) is amended by striking Not later than 90
days and inserting the following:
(1)
Pre-election
report on absentee ballots transmitted
(A)
In general
Not later than 43 days
before any election for Federal office held in a State, the chief
State election official of such State shall submit
a report to the Attorney General and the Presidential designee, and
make that
report publicly available that same day, confirming—
(i) the number of absentee ballots
validly requested by absent uniformed services voters and overseas
voters whose
requests were received by the 46th day before the election, and
(ii) whether those ballots were timely transmitted.
(B)
Matters to be included
The report under subparagraph (A) shall include the following information:
(i) Specific information about ballot transmission, including the total numbers of ballot requests
received from such voters and ballots transmitted to such voters by the
46th day before the election from each unit of local government that will
administer the election.
(ii) If the chief State election official has incomplete information on any items required to be
included in the report, an explanation of what information is incomplete
information and efforts made to acquire such information.
(C)
Requirement to supplement incomplete information
If the report under subparagraph (A) has incomplete information on any items required to be
included in the report, the chief State election official shall make all
reasonable efforts to expeditiously supplement the report with complete
information.
(D)
Format
The report under subparagraph (A) shall be in a format prescribed by the Attorney General in
consultation with the chief State election officials of each State.
(2)
Post election
report on number of absentee ballots transmitted and received
Not
later than 90
days
.
(b)
Conforming
amendment
The heading for subsection (c) of section 102 of such
Act (42 U.S.C. 1973ff–1(c)) is amended by striking Report on number of absentee ballots transmitted and
received and inserting Reports on absentee
ballots.
102.
Transmission
requirements; repeal of waiver provision
(a)
In
general
Paragraph (8) of
section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act
(42
U.S.C. 1973ff–1(a)) is amended to read as follows:
(8) transmit a
validly requested absentee ballot to an absent uniformed services
voter or
overseas voter by the date and in the manner determined under
subsection
(g);
.
(b)
Ballot
transmission requirements and repeal of waiver
provision
Subsection (g) of section 102 of such Act (42 U.S.C.
1973ff–1(g)) is amended to read as follows:
(g)
Ballot
transmission requirements
(1)
In
general
For purposes of subsection (a)(8), in the case in which a
valid request for an absentee ballot is received at least 46 days
before an
election for Federal office, the following rules shall apply:
(A)
Transmission deadline
The State shall transmit the absentee ballot not later
than 46 days before the election.
(B)
Special rules
in case of failure to transmit on time
(i)
In
general
If the State fails to transmit any absentee ballot by the
46th day before the election as required by subparagraph (A) and
the absent
uniformed services voter or overseas voter did not request
electronic ballot
transmission pursuant to subsection (f), the State shall transmit
such ballot
by express delivery.
(ii)
Extended
failure
If the State fails to transmit any absentee ballot by the
41st day before the election, in addition to transmitting the
ballot as
provided in clause (i), the State shall—
(I) in the case of
absentee ballots requested by absent uniformed services voters with
respect to
regularly scheduled general elections, notify such voters of the
procedures
established under section 103A for the collection and delivery of
marked
absentee ballots; and
(II) in any other
case, provide for the return of such ballot by express
delivery.
(iii)
Cost of express delivery
In any case in which express delivery is required under this subparagraph, the cost of such express
delivery—
(I) shall not be paid by the voter, and
(II) may be required by the State to be paid by a local jurisdiction if the State determines that
election officials in such jurisdiction are responsible for the failure to
transmit the ballot by any date required under this paragraph.
(iv)
Enforcement
A
State’s compliance with this subparagraph does not bar the Attorney
General
from seeking additional remedies necessary to effectuate the
purposes of this
Act.
(2)
Requests
received after 46th day before election
For purposes of
subsection (a)(8), in the case in which a valid request for an
absentee ballot
is received less than 46 days but not less than 30 days before an
election for Federal office, the State
shall transmit the absentee ballot not later than 3 business days
after such
request is
received.
.
103.
Technical
clarifications to conform to 2009 MOVE Act amendments related to the
Federal
write-in absentee ballot
(a)
In
general
Section 102(a)(3) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1(a)(3)) is amended by striking
general elections and inserting general, special,
primary, and runoff elections.
(b)
Conforming
amendment
Section 103 of such Act (42 U.S.C. 1973ff–2) is
amended—
(1) in subsection
(b)(2)(B), by striking general, and
(2) in the heading
thereof, by striking general.
104.
Treatment of
ballot requests
(a)
Application of
prohibition of refusal of applications on grounds of early submission to
overseas voters
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 submitted by an absent uniformed services
voter; and
(2) by striking
members of the uniformed services and inserting absent uniformed services voters or overseas voters.
(b)
Use of single
application for subsequent elections
(1)
In
general
Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–3) is amended—
(A) by striking
A State and inserting the following:
(a)
Prohibition of
refusal of applications on grounds of early submission
A
State
,
and
(B) by adding at the
end the following new subsections:
(b)
Application
treated as valid for subsequent elections
(1)
In
general
If a State accepts and processes a request for an
absentee ballot by an absent uniformed services voter or overseas
voter and the
voter requests that the application be considered an application
for an
absentee ballot for each subsequent election for Federal office
held in the
State through the next regularly scheduled general election for
Federal office
(including any runoff elections which may occur as a result of the
outcome of
such general election) and any special elections for Federal office
held in the
State through the calendar year following such general election,
the State
shall provide an absentee ballot to the voter for each such
subsequent
election.
(2)
Exceptions
Paragraph (1) shall not apply with
respect to either of the following:
(A)
Voters changing registration
A voter removed from the list of official eligible voters in accordance with subparagraph (A), (B),
or (C) of section 8(a)(3) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg–6(a)).
(B)
Undeliverable ballots
A voter whose ballot is returned by mail to the State or local election officials as undeliverable
or, in the case of a ballot delivered electronically, if the email sent to
the voter was undeliverable or rejected due to an invalid email address.
.
(2)
Conforming
amendment
The heading of section 104 of such Act is amended by
striking Prohibition of
refusal of applications on grounds of early submission
and inserting Treatment of
ballot requests.
(3)
Revision to
postcard form
(A)
In
general
The Presidential designee shall ensure that the official
postcard form prescribed under section 101(b)(2) of the Uniformed and
Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) enables a voter
using the
form to—
(i) request an
absentee ballot for each election for Federal office held in a State
through
the next regularly scheduled general election for Federal office
(including any
runoff elections which may occur as a result of the outcome of such
general
election) and any special elections for Federal office held in the State
through the calendar year following such general election; or
(ii) request an
absentee ballot for a specific election or elections for Federal office
held in
a State during the period described in paragraph (1).
(B)
Presidential
designee
For purposes of this paragraph, the term
Presidential designee means the individual designated under
section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act
(42
U.S.C. 1973ff(a)).
105.
Applicability
to Commonwealth of the Northern Mariana Islands
Paragraphs (6) and (8) of section 107 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff–6(6)) are
each amended by striking and American Samoa and inserting
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
106.
Biennial report on the effectiveness of activities of the federal voting assistance
program and Comptroller General review
(a)
In
general
Section 105A(b) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended—
(1) in the matter
preceding paragraph (1)—
(A) by striking
March 31 of each year and inserting June 30 of each
odd-numbered year; and
(B) by striking
the following information and inserting the following
information with respect to the Federal elections held during the 2
preceding
calendar years;
(2) in paragraph (1),
by striking separate assessment each place it appears and
inserting separate assessment and statistical analysis;
and
(3) in paragraph (2)—
(A) by striking section 1566a in the matter preceding subparagraph (A) and inserting sections 1566a and 1566b;
(B) by striking such section each place it appears in subparagraphs (A) and (B) and inserting such sections; and
(C) by adding at the end the following new subparagraphs:
(C) The number of
completed official postcard forms prescribed under section
101(b)(2) that were
completed by absent uniformed services members and accepted and
transmitted.
(D) The number of
absent uniformed services members who declined to register to
vote under such sections.
.
(b)
Comptroller General reviews
Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a) is
amended by redesignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following new subsection:
(c)
Comptroller General reviews
(1)
In general
(A)
Review
The Comptroller General shall conduct a review of any reports submitted by the Presidential
designee under subsection (b) with respect to elections occurring in
calendar years 2014 through 2020.
(B)
Report
Not later than 180 days after a report is submitted by the Presidential designee under subsection
(b), the Comptroller General shall submit to the relevant committees of
Congress a report containing the results of the review conducted under
subparagraph (A).
(2)
Matters reviewed
A review conducted under paragraph (1) shall assess—
(A) the methodology used by the Presidential designee to prepare the report and to develop the data
presented in the report, including the approach for designing,
implementing, and analyzing the results of any surveys,
(B) the effectiveness of any voting assistance covered in the report provided under subsection (b) and
provided by the Presidential designee to absent overseas uniformed
services voters and overseas voters who are not members of the uniformed
services, including an assessment of—
(i) any steps taken toward improving the implementation of such voting assistance; and
(ii) the extent of collaboration between the Presidential designee and the States in providing such
voting assistance; and
(C) any other information the Comptroller General considers relevant to the review.
.
(c)
Conforming
amendments
(1) Section 101(b) of
such Act (42 U.S.C. 1973ff(b)) is amended—
(A) by striking
paragraph (6); and
(B) by redesignating
paragraphs (7) through (11) as paragraphs (6) through (10),
respectively.
(2) Section 102(a) of
such Act (42 U.S.C. 1973ff–1(a)) is amended—
(A) in paragraph (5),
by striking 101(b)(7) and inserting 101(b)(6);
and
(B) in paragraph
(11), by striking 101(b)(11) and inserting
101(b)(10).
(3) Section 105A(b)
of such Act (42 U.S.C. 1973ff–4a(b)) is amended—
(A) by striking
Annual
report in the subsection heading and inserting
Biennial
report; and
(B) by striking
In the case of in paragraph (3) and all that follows through
a description and inserting A description.
107.
Effective
date
The amendments made by
this title shall apply with respect to the regularly scheduled general
election
for Federal office held in November 2014 and each succeeding election for
Federal office.
II
Provision of
voter assistance to members of the Armed Forces
201.
Provision of annual voter assistance
(a)
Annual voter assistance
(1)
In general
Chapter 80 of title 10, United States Code, is amended by inserting after section 1566a the
following new section:
1566b.
Annual voter assistance
(a)
In general
The Secretary of Defense shall carry out the following activities:
(1) In coordination with the Secretary of each military department—
(A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other
than active duty for training) the opportunity, through the online system
developed under paragraph (2), to—
(i) register to vote in an election for Federal office;
(ii) update the member's voter registration information; or
(iii) request an absentee ballot;
(B) provide services to such members for the purpose of carrying out the activities in clauses (i),
(ii), and (iii) of subparagraph (A); and
(C) require any such member who declines the offer for voter assistance under subparagraph (A) to
indicate and record that decision.
(2) Implement an online system that, to the extent practicable, is integrated with the existing
systems of each of the military departments and that—
(A) provides an electronic means for carrying out the requirements of paragraph (1);
(B) in the case of an individual registering to vote in a State that accepts electronic voter
registration and operates its own electronic voter registration system
using a form that meets the requirements for mail voter registration forms
under section 9(b) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg–7(b)), directs such individual to that system; and
(C) in the case of an individual using the official postcard form prescribed under section 101(b)(2) of
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(2)) to register to vote and request an absentee ballot—
(i) pre-populates such official postcard form with the personal information of such individual, and
(ii)
(I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official
postcard form; or
(II) transmits the completed official postcard form electronically to the appropriate State or local
election officials.
(3) Implement a system (either independently or in conjunction with the online system under paragraph
(2)) by which any change of address by a member of the armed forces on
active duty who is undergoing a permanent change of station, deploying
overseas for at least six months, or returning from an overseas deployment
of at least six months automatically triggers, through the Defense
Enrollment and Eligibility Registration System or related systems, a
notification via electronic means to such member that—
(A) indicates that such member's voter registration or absentee mailing address should be updated with
the appropriate State or local election officials; and
(B) includes instructions on how to update such voter registration using the online system developed
under paragraph (2).
(b)
Data collection
The online system developed under subsection (a)(2) shall collect and store all data required to
meet the reporting requirements of section 201(b) of the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff–4a(b)(2)) in a manner that complies with section 552a of title 5,
United States Code, (commonly known as the Privacy Act of 1974) and
imposes no new record management burden on any military unit or military
installation.
(c)
Timing of voter assistance
To the extent practicable, the voter assistance under subsection (a)(1) shall be offered as a part
of each servicemember’s annual training.
(d)
Regulations
Not later than 1 year after the date of the enactment of this section, the Secretary of Defense
shall prescribe regulations implementing the requirements of subsection
(a). Such regulations shall include procedures to inform those members
of the armed forces on active duty (other than active duty for training)
experiencing a change of address about the benefits of this section and
the timeframe for requesting an absentee ballot to ensure sufficient time
for State delivery of the ballot.
.
(2)
Clerical amendment
The table of sections at the beginning of chapter 80 of such title is amended by inserting after
the item relating to section 1566a the following new item:
1566b. Annual voter assistance.
.
(b)
Report on
status of implementation
(1)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the relevant
committees
of Congress a report on the status of the implementation of the
requirements of section 1566b of title 10, United States Code, as added by
subsection (a)(1).
(2)
Elements
The
report under paragraph (1) shall include—
(A) a detailed description of any specific
steps already taken towards the implementation of the requirements of
such section 1566b;
(B) a detailed plan for the implementation of such requirements, including milestones and deadlines for
the completion of such implementation;
(C) the costs expected to be incurred in the implementation of such requirements;
(D) a description of how the annual voting assistance and system under subsection (a)(3) of such
section will be integrated with the Defense Enrollment and Eligibility
Registration System or other Department of Defense personnel databases
that track military servicemembers' address changes;
(E) an estimate of how long it will take an average member to complete the voter assistance process
required under subsection (a)(1) of such section;
(F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of
the online system under subsection (a)(2) of such section; and
(G) a summary of any objections, concerns, or comments made by State or local election officials
regarding the implementation of such section.
(3)
Relevant
committees of congress defined
In this subsection, the term
relevant committees of Congress means—
(A) the Committees on
Appropriations, Armed Services, and Rules and Administration of the
Senate;
and
(B) the Committees on
Appropriations, Armed Services, and House Administration of the House of
Representatives.
III
Electronic
voting systems
301.
Repeal of
electronic voting demonstration project
Section 1604 of the National Defense
Authorization Act for Fiscal Year 2002 (42 U.S.C. 1973ff note) is
repealed.
IV
Residency of military family members
401.
Extending guarantee of
residency for voting purposes to family members of absent military
personnel
(a)
In general
Subsection (b) of section 705 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended—
(1) by striking a person who is absent from a State because the person is accompanying the persons's spouse who is
absent from that same State in compliance with military or naval orders
shall not, solely by reason of that absence and inserting a dependent of a person who is absent from
a State in compliance with military orders shall not, solely by
reason
of absence, whether or not accompanying that person; and
(2) in the heading by striking Spouses and inserting Dependents.
(b)
Conforming amendment
The heading of section 705 of such Act (50 U.S.C. App. 595) is amended by striking spouses and inserting dependents.
(c)
Effective date
The amendments made by this section shall apply with respect to absences from States described in
section 705(b) of the Servicemembers Civil Relief Act (50 U.S.C. App.
595(b)), as amended by subsection (a), after the date of the enactment of
this Act, regardless of the date of the military orders concerned.
1.
Short title
This Act may be cited as the
Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act.
I
Amendments
related to the Uniformed and Overseas Citizens Absentee Voting Act
101.
Pre-election
reporting requirement on transmission of absentee
ballots
(a)
In
general
Subsection (c) of
section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff–1(c)) is amended by striking Not later than 90
days and inserting the following:
(1)
Pre-election
report on absentee ballots transmitted
(A)
In general
Not later than 43 days
before any election for Federal office held in a State, the chief
State election official of such State shall submit
a report containing the information in subparagraph (B) to the
Attorney General and the Presidential designee, and
make that
report publicly available that same day.
(B)
Information reported
The report under subparagraph (A) shall consist of the following:
(i) The total number of absentee ballots
validly requested by absent uniformed services voters and overseas
voters whose
requests were received by the 47th day before the election.
(ii) The total number of ballots transmitted to such voters by the
46th day before the election by each unit of local government within the
State that will
administer the election.
(iii) If the chief State election official has incomplete information on any items required to be
included in the report, an explanation of what information is incomplete
information and efforts made to acquire such information, including the
identity of any unit of local government that failed to provide required
information to the State.
(C)
Requirement to supplement incomplete information
If the report under subparagraph (A) has incomplete information on any items required to be
included in the report, the chief State election official shall make all
reasonable efforts to expeditiously supplement the report with complete
information.
(D)
Format
The report under subparagraph (A) shall be in a format prescribed by the Attorney General in
consultation with the chief State election officials of each State.
(2)
Post election
report on number of absentee ballots transmitted and received
Not
later than 90
days
.
(b)
Conforming
amendment
The heading for subsection (c) of section 102 of such
Act (42 U.S.C. 1973ff–1(c)) is amended by striking Report on number of absentee ballots transmitted and
received and inserting Reports on absentee
ballots.
102.
Transmission
requirements; repeal of waiver provision
(a)
In
general
Paragraph (8) of
section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act
(42
U.S.C. 1973ff–1(a)) is amended to read as follows:
(8) transmit a
validly requested absentee ballot to an absent uniformed services
voter or
overseas voter by the date and in the manner determined under
subsection
(g);
.
(b)
Ballot
transmission requirements and repeal of waiver
provision
Subsection (g) of section 102 of such Act (42 U.S.C.
1973ff–1(g)) is amended to read as follows:
(g)
Ballot
transmission requirements
(1)
In
general
For purposes of subsection (a)(8), in the case in which a
valid request for an absentee ballot is received at least 47 days
before an
election for Federal office, the following rules shall apply:
(A)
Transmission deadline
The State shall transmit the absentee ballot not later
than 46 days before the election.
(B)
Special rules
in case of failure to transmit on time
(i)
In
general
If the State fails to transmit any absentee ballot by the
46th day before the election as required by subparagraph (A) and
the absent
uniformed services voter or overseas voter did not request
electronic ballot
transmission pursuant to subsection (f), the State shall transmit
such ballot
by express delivery.
(ii)
Extended
failure
If the State fails to transmit any absentee ballot by the
41st day before the election, in addition to transmitting the
ballot as
provided in clause (i), the State shall—
(I) in the case of
absentee ballots requested by absent uniformed services voters with
respect to
regularly scheduled general elections, notify such voters of the
procedures
established under section 103A for the collection and delivery of
marked
absentee ballots; and
(II) in any other
case, provide for the return of such ballot by express
delivery.
(iii)
Cost of express delivery
In any case in which express delivery is required under this subparagraph, the cost of such express
delivery—
(I) shall not be paid by the voter, and
(II) may be required by the State to be paid by a local jurisdiction if the State determines that
election officials in such jurisdiction are responsible for the failure to
transmit the ballot by any date required under this paragraph.
(iv)
Exception
Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates
the preference to return the late sent absentee ballot by electronic
transmission in a State that permits return of an absentee ballot by
electronic transmission.
(v)
Enforcement
A
State’s compliance with this subparagraph does not bar the Attorney
General
from seeking additional remedies necessary to fully resolve or
prevent ongoing, future, or systematic violations of this provision.
(C)
Special procedure in event of disaster
If a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or
explosion), or an act of terrorism prevents the State from transmitting
any absentee ballot by the 46th day before the election as required by
subparagraph (A), it shall notify the Attorney General as soon as
practicable and
take all actions necessary, including seeking any necessary judicial
relief, to ensure that affected absent uniformed services voters and
overseas voters are provided a reasonable opportunity to receive and
return their
absentee ballots in time to be counted.
(2)
Requests
received after 47th day before election
For purposes of
subsection (a)(8), in the case in which a valid request for an
absentee ballot
is received less than 47 days but not less than 30 days before an
election for Federal office, the State
shall transmit the absentee ballot not later than 3 business days
after such
request is
received.
.
103.
Technical
clarifications to conform to 2009 MOVE Act amendments related to the
Federal
write-in absentee ballot
(a)
In
general
Section 102(a)(3) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1(a)(3)) is amended by striking
general elections and inserting general, special,
primary, and runoff elections.
(b)
Conforming
amendment
Section 103 of such Act (42 U.S.C. 1973ff–2) is
amended—
(1) in subsection
(b)(2)(B), by striking general, and
(2) in the heading
thereof, by striking general.
104.
Treatment of post card registration requests
Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–1) is amended by adding at the end
the following new subsection:
(j)
Treatment of post card registrations
A State shall not remove any voter who has registered to vote using the official post card form
(prescribed under section 101) except in accordance with subparagraph
(A), (B),
or (C) of section 8(a)(3) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg–6(a)).
.
105.
Treatment of
ballot requests
(a)
Application of
prohibition of refusal of applications on grounds of early submission to
overseas voters
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 submitted by an absent uniformed services
voter; and
(2) by striking
members of the uniformed services and inserting absent uniformed services voters or overseas voters.
(b)
Use of single
application for subsequent elections
(1)
In
general
Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–3) is amended—
(A) by striking
A State and inserting the following:
(a)
Prohibition of
refusal of applications on grounds of early submission
A
State
,
and
(B) by adding at the
end the following new subsections:
(b)
Application
treated as valid for subsequent elections
(1)
In
general
If a State accepts and processes a request for an
absentee ballot by an absent uniformed services voter or overseas
voter and the
voter requests that the application be considered an application
for an
absentee ballot for each subsequent election for Federal office
held in the
State through the next regularly scheduled general election for
Federal office
(including any runoff elections which may occur as a result of the
outcome of
such general election),
the State
shall provide an absentee ballot to the voter for each such
subsequent
election.
(2)
Exceptions
Paragraph (1) shall not apply with
respect to either of the following:
(A)
Voters changing registration
A voter removed from the list of official eligible voters in accordance with subparagraph (A), (B),
or (C) of section 8(a)(3) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg–6(a)).
(B)
Undeliverable ballots
A voter whose ballot is returned by mail to the State or local election officials as undeliverable
or, in the case of a ballot delivered electronically, if the email sent to
the voter was undeliverable or rejected due to an invalid email address.
.
(2)
Conforming
amendment
The heading of section 104 of such Act is amended by
striking Prohibition of
refusal of applications on grounds of early submission
and inserting Treatment of
ballot requests.
(3)
Revision to
postcard form
(A)
In
general
The Presidential designee shall ensure that the official
postcard form prescribed under section 101(b)(2) of the Uniformed and
Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(2)) enables a voter
using the
form to—
(i) request an
absentee ballot for each election for Federal office held in a State
through
the next regularly scheduled general election for Federal office
(including any
runoff elections which may occur as a result of the outcome of such
general
election); or
(ii) request an
absentee ballot for a specific election or elections for Federal office
held in
a State during the period described in paragraph (1).
(B)
Presidential
designee
For purposes of this paragraph, the term
Presidential designee means the individual designated under
section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act
(42
U.S.C. 1973ff(a)).
106.
Applicability
to Commonwealth of the Northern Mariana Islands
Paragraphs (6) and (8) of section 107 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff–6(6)) are
each amended by striking and American Samoa and inserting
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
107.
Biennial report on the effectiveness of activities of the federal voting assistance
program and Comptroller General review
(a)
In
general
Section 105A(b) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff–4a(b)) is amended—
(1) in the matter
preceding paragraph (1)—
(A) by striking
March 31 of each year and inserting June 30 of each
odd-numbered year; and
(B) by striking
the following information and inserting the following
information with respect to the Federal elections held during the 2
preceding
calendar years;
(2) in paragraph (1),
by striking separate assessment each place it appears and
inserting separate assessment and statistical analysis;
and
(3) in paragraph (2)—
(A) by striking section 1566a in the matter preceding subparagraph (A) and inserting sections 1566a and 1566b;
(B) by striking such section each place it appears in subparagraphs (A) and (B) and inserting such sections; and
(C) by adding at the end the following new subparagraphs:
(C) The number of
completed official postcard forms prescribed under section
101(b)(2) that were
completed by absent uniformed services members and accepted and
transmitted.
(D) The number of
absent uniformed services members who declined to register to
vote under such sections.
.
(b)
Comptroller General reviews
Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–4a) is
amended by redesignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following new subsection:
(c)
Comptroller General reviews
(1)
In general
(A)
Review
The Comptroller General shall conduct a review of any reports submitted by the Presidential
designee under subsection (b) with respect to elections occurring in
calendar years 2014 through 2020.
(B)
Report
Not later than 180 days after a report is submitted by the Presidential designee under subsection
(b), the Comptroller General shall submit to the relevant committees of
Congress a report containing the results of the review conducted under
subparagraph (A).
(2)
Matters reviewed
A review conducted under paragraph (1) shall assess—
(A) the methodology used by the Presidential designee to prepare the report and to develop the data
presented in the report, including the approach for designing,
implementing, and analyzing the results of any surveys,
(B) the effectiveness of any voting assistance covered in the report provided under subsection (b) and
provided by the Presidential designee to absent overseas uniformed
services voters and overseas voters who are not members of the uniformed
services, including an assessment of—
(i) any steps taken toward improving the implementation of such voting assistance; and
(ii) the extent of collaboration between the Presidential designee and the States in providing such
voting assistance; and
(C) any other information the Comptroller General considers relevant to the review.
.
(c)
Conforming
amendments
(1) Section 101(b) of
such Act (42 U.S.C. 1973ff(b)) is amended—
(A) by striking
paragraph (6); and
(B) by redesignating
paragraphs (7) through (11) as paragraphs (6) through (10),
respectively.
(2) Section 102(a) of
such Act (42 U.S.C. 1973ff–1(a)) is amended—
(A) in paragraph (5),
by striking 101(b)(7) and inserting 101(b)(6);
and
(B) in paragraph
(11), by striking 101(b)(11) and inserting
101(b)(10).
(3) Section 105A(b)
of such Act (42 U.S.C. 1973ff–4a(b)) is amended—
(A) by striking
Annual
report in the subsection heading and inserting
Biennial
report; and
(B) by striking
In the case of in paragraph (3) and all that follows through
a description and inserting A description.
(d)
Effective date
The amendments made by this section shall apply to reports required to be issued after the date of
the enactment of this Act.
108.
Effective
date
Except as provided in section 107(d), the amendments made by
this title shall take effect on January 1, 2015.
II
Provision of
voter assistance to members of the Armed Forces
201.
Provision of annual voter assistance
(a)
Annual voter assistance
(1)
In general
Chapter 80 of title 10, United States Code, is amended by inserting after section 1566a the
following new section:
1566b.
Annual voter assistance
(a)
In general
The Secretary of Defense shall carry out the following activities:
(1) In coordination with the Secretary of each military department—
(A) affirmatively offer, on an annual basis, each member of the armed forces on active duty (other
than active duty for training) the opportunity, through the online system
developed under paragraph (2), to—
(i) register to vote in an election for Federal office;
(ii) update the member's voter registration information; or
(iii) request an absentee ballot;
(B) provide services to such members for the purpose of carrying out the activities in clauses (i),
(ii), and (iii) of subparagraph (A); and
(C) require any such member who declines the offer for voter assistance under subparagraph (A) to
indicate and record that decision.
(2) Implement an online system that, to the extent practicable, is integrated with the existing
systems of each of the military departments and that—
(A) provides an electronic means for carrying out the requirements of paragraph (1);
(B) in the case of an individual registering to vote in a State that accepts electronic voter
registration and operates its own electronic voter registration system
using a form that meets the requirements for mail voter registration forms
under section 9(b) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg–7(b)), directs such individual to that system; and
(C) in the case of an individual using the official postcard form prescribed under section 101(b)(2) of
the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(2)) to register to vote and request an absentee ballot—
(i) pre-populates such official postcard form with the personal information of such individual, and
(ii)
(I) produces the pre-populated form and a pre-addressed envelope for use in transmitting such official
postcard form; or
(II) transmits the completed official postcard form electronically to the appropriate State or local
election officials.
(3) Implement a system (either independently or in conjunction with the online system under paragraph
(2)) by which any change of address by a member of the armed forces on
active duty who is undergoing a permanent change of station, deploying
overseas for at least six months, or returning from an overseas deployment
of at least six months automatically triggers a
notification via electronic means to such member that—
(A) indicates that such member's voter registration or absentee mailing address should be updated with
the appropriate State or local election officials; and
(B) includes instructions on how to update such voter registration using the online system developed
under paragraph (2).
(b)
Data collection
The online system developed under subsection (a)(2) shall collect and store all data required to
meet the reporting requirements of section 201(b) of the Safeguarding Elections for our Nation's Troops through Reforms and Improvements (SENTRI) Act and section 105A(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff–4a(b)(2)) in a manner that complies with section 552a of title 5,
United States Code, (commonly known as the Privacy Act of 1974) and
imposes no new record management burden on any military unit or military
installation.
(c)
Timing of voter assistance
To the extent practicable, the voter assistance under subsection (a)(1) shall be offered as a part
of each servicemember’s annual training.
(d)
Regulations
Not later than 1 year after the date of the enactment of this section, the Secretary of Defense
shall prescribe regulations implementing the requirements of subsection
(a). Such regulations shall include procedures to inform those members
of the armed forces on active duty (other than active duty for training)
experiencing a change of address about the benefits of this section and
the timeframe for requesting an absentee ballot to ensure sufficient time
for State delivery of the ballot.
.
(2)
Clerical amendment
The table of sections at the beginning of chapter 80 of such title is amended by inserting after
the item relating to section 1566a the following new item:
1566b. Annual voter assistance.
.
(b)
Report on
status of implementation
(1)
In
general
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the relevant
committees
of Congress a report on the status of the implementation of the
requirements of section 1566b of title 10, United States Code, as added by
subsection (a)(1).
(2)
Elements
The
report under paragraph (1) shall include—
(A) a detailed description of any specific
steps already taken towards the implementation of the requirements of
such section 1566b;
(B) a detailed plan for the implementation of such requirements, including milestones and deadlines for
the completion of such implementation;
(C) the costs expected to be incurred in the implementation of such requirements;
(D) a description of how the annual voting assistance and system under subsection (a)(3) of such
section will be integrated with Department of Defense personnel databases
that track military servicemembers' address changes;
(E) an estimate of how long it will take an average member to complete the voter assistance process
required under subsection (a)(1) of such section;
(F) an explanation of how the Secretary of Defense will collect reliable data on the utilization of
the online system under subsection (a)(2) of such section; and
(G) a summary of any objections, concerns, or comments made by State or local election officials
regarding the implementation of such section.
(3)
Relevant
committees of congress defined
In this subsection, the term
relevant committees of Congress means—
(A) the Committees on
Appropriations, Armed Services, and Rules and Administration of the
Senate;
and
(B) the Committees on
Appropriations, Armed Services, and House Administration of the House of
Representatives.
III
Electronic
voting systems
301.
Repeal of
electronic voting demonstration project
Section 1604 of the National Defense
Authorization Act for Fiscal Year 2002 (42 U.S.C. 1973ff note) is
repealed.
April 10, 2014Reported with an amendment