S.Amdt. 1635

1. Adds Subtitle H--Military Voting SEC. 581. SHORT TITLE on page 166, line 18

   Adds a sectionPrinted page

   Inserted: Subtitle H--Military Voting SEC. 581. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Military and Overseas Voter Empowerment Act".

   Inserted: SEC. 582. FINDINGS.

   Inserted: Congress makes the following findings:

   Inserted: (1) The right to vote is a fundamental right.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 583. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES.

   Inserted: A State may delegate its responsibilities in carrying out the requirements under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) imposed as a result of the provisions of and amendments made by this Act to jurisdictions of the State.

   Inserted: SEC. 584. 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 AND ELECTRONICALLY.

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   Inserted: (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (A) in paragraph (4), by striking "and" at the end;

   Inserted: (B) in paragraph (5), by striking the period at the end and inserting "; and"; and

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

   Inserted: "(6) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures--

   Inserted: "(A) for absent uniformed services voters and overseas voters to request by mail and electronically voter registration applications and absentee ballot applications with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (e);

   Inserted: "(B) for States to send by mail and electronically (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

   Inserted: "(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 or electronically."; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(e) Designation of Means of Electronic Communication 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.--

   Inserted: "(1) In general.--Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication--

   Inserted: "(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);

   Inserted: "(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and

   Inserted: "(C) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters.

   Inserted: "(2) Clarification regarding provision of multiple means of electronic communication.--A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means of electronic communication for the appropriate jurisdiction of the State.

   Inserted: "(3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials.--Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to absent uniformed services voters and overseas voters.

   Inserted: "(4) 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 means of electronic communication 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.

   Inserted: "(5) 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.

   Inserted: "(6) Security and privacy protections.--

   Inserted: "(A) Security protections.--To the extent practicable, States shall ensure that the procedures established under subsection (a)(6) protect the security and integrity of the voter registration and absentee ballot application request processes.

   Inserted: "(B) Privacy protections.--To the extent practicable, 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.".

   Inserted: (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.

   Inserted: SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK ABSENTEE BALLOTS BY MAIL AND ELECTRONICALLY TO ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.

   Inserted: (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 584, is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (A) in paragraph (5), by striking "and" at the end;

   Inserted: (B) in paragraph (6), by striking the period at the end and inserting "; and"; and

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

   Inserted: "(7) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically 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

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(f) Transmission of Blank Absentee Ballots by Mail and Electronically.--

   Inserted: "(1) In general.--Each State shall establish procedures--

   Inserted: "(A) to transmit blank absentee ballots by mail and electronically (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

   Inserted: "(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 or electronically.

   Inserted: "(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.

   Inserted: "(3) Security and privacy protections.--

   Inserted: "(A) Security protections.--To the extent practicable, States shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots.

   Inserted: "(B) Privacy protections.--To the extent practicable, 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.".

   Inserted: (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.

   Inserted: SEC. 586. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS HAVE TIME TO VOTE.

   Inserted: (a) In General.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as amended by section 585, is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (A) in paragraph (6), by striking "and" at the end;

   Inserted: (B) in paragraph (7), by striking the period at the end and inserting a semicolon; and

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

   Inserted: "(8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter--

   Inserted: "(A) except as provided in subsection (g), 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

   Inserted: "(B) in the case where the request is received less than 45 days before an election for Federal office--

   Inserted: "(i) in accordance with State law; and

   Inserted: "(ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot.".

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(g) Hardship Exemption.--

   Inserted: "(1) In general.--If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(8)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Presidential designee grant a waiver to the State of the application of such subsection. Such request shall include--

   Inserted: "(A) a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office;

   Inserted: "(B) 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 subsection;

   Inserted: "(C) 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

   Inserted: "(D) 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--

   Inserted: "(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;

   Inserted: "(ii) why the plan provides absent uniformed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such subsection; and

   Inserted: "(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements.

   Inserted: "(2) Approval of waiver request.--After consulting with the Attorney General, the Presidential designee shall approve a waiver request under paragraph (1) if the Presidential designee determines each of the following requirements are met:

   Inserted: "(A) The comprehensive plan under subparagraph (D) of such paragraph 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.

   Inserted: "(B) One or more of the following issues creates an undue hardship for the State:

   Inserted: "(i) The State's primary election date prohibits the State from complying with subsection (a)(8)(A).

   Inserted: "(ii) The State has suffered a delay in generating ballots due to a legal contest.

   Inserted: "(iii) The State Constitution prohibits the State from complying with such subsection.

   Inserted: "(3) Timing of waiver.--

   Inserted: "(A) In general.--Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) 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.

   Inserted: "(B) Exception.--If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(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.

   Inserted: "(4) Application of waiver.--A waiver approved under paragraph (2) 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 paragraph (1) with respect to such election.".

   Inserted: (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--

   Inserted: (1) in paragraph (7), by striking "and" at the end;

   Inserted: (2) in paragraph (8), by striking the period at the end and inserting "; and"; and

   Inserted: (3) by adding at the end the following new paragraph:

   Inserted: "(9) 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.".

   Inserted: (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.

   Inserted: SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

   Inserted: (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:

   Inserted: "SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

   Inserted: "(a) Establishment of Procedures.--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 such marked absentee ballots to the appropriate election officials.

   Inserted: "(b) Delivery to Appropriate Election Officials.--

   Inserted: "(1) In general.--Under the procedures established under this section, the Presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots of absent overseas uniformed services voters for regularly scheduled general elections for Federal office to the appropriate election officials, in accordance with this section, not later than the date by which an absentee ballot must be received in order to be counted in the election.

   Inserted: "(2) Cooperation and coordination with the united states postal service.--The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, and shall provide expedited mail delivery service for all such marked absentee ballots of absent uniformed services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service.

   Inserted: "(3) Deadline described.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the seventh day preceding the date of the regularly scheduled general election for Federal office.

   Inserted: "(B) Authority to establish alternative deadline for certain locations.--If the Presidential designee determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to provide timely delivery of the ballot under paragraph (1).

   Inserted: "(4) No postage requirement.--In accordance with section 3406 of title 39, United States Code, such marked absentee ballots and other balloting materials shall be carried free of postage.

   Inserted: "(5) Date of mailing.--Such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed.

   Inserted: "(c) Outreach for Absent Overseas Uniformed Services Voters on Procedures.--The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for Federal office to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots pursuant to this section.

   Inserted: "(d) Reports on Utilization of Procedures.--

   Inserted: "(1) Reports required.--Not later than 180 days after each regularly scheduled general election for Federal office to which this section applies, the Presidential designee shall submit to the relevant committees of Congress a report on the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section during such election.

   Inserted: "(2) Elements.--Each report under paragraph (1) shall include, for the general election covered by such report, a description of the utilization of the procedures described in that paragraph during such general election, including the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons such ballots were not so delivered).

   Inserted: "(3) Relevant committees of congress defined.--In this subsection, the term 'relevant committees of Congress' means--

   Inserted: "(A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and

   Inserted: "(B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

   Inserted: "(e) 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).

   Inserted: "(f) Authorization of Appropriations.--There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section.".

   Inserted: (b) Conforming Amendment.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended--

   Inserted: (1) by striking "and" at the end of paragraph (6);

   Inserted: (2) by striking the period at the end of paragraph (7) and inserting "; and"; and

   Inserted: (3) by adding at the end the following new paragraph:

   Inserted: "(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.".

   Inserted: (c) State Responsibilities.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 586, is amended--

   Inserted: (1) in paragraph (8), by striking "and" at the end;

   Inserted: (2) in paragraph (9), by striking the period at the end and inserting "; and"; and

   Inserted: (3) by adding the following new paragraph:

   Inserted: "(10) carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.".

   Inserted: (d) Tracking Marked Ballots.--Section 102 of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 586, is amended by adding at the end the following new subsection:

   Inserted: "(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.".

   Inserted: (e) Report on Status of Implementation.--

   Inserted: (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)) shall submit to the relevant committees of Congress a report on the status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under section 103A of such Act, as added by subsection (a).

   Inserted: (2) Elements.--The report under paragraph (1) shall include a status of the implementation of such procedures and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for Federal office held in November 2010.

   Inserted: (3) Relevant committees of congress defined.--In this subsection, the term "relevant committees of Congress" has the meaning given such term in section 103A(d)(3) of the Uniformed and Overseas Citizens Absentee Voting Act, as added by subsection (a).

   Inserted: (f) Protecting Voter Privacy and Secrecy of Absentee Ballots.--Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended--

   Inserted: (1) by striking "and" at the end of paragraph (7);

   Inserted: (2) by striking the period at the end of paragraph (8) and inserting "; and"; and

   Inserted: (3) by adding at the end the following new paragraph:

   Inserted: "(9) to the greatest extent practicable, take such actions as may be necessary--

   Inserted: "(A) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and

   Inserted: "(B) to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee.".

   Inserted: (g) 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.

   Inserted: SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT.

   Inserted: (a) Use in General, Special, Primary, and Runoff Elections for Federal Office.--

   Inserted: (1) In general.--Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is amended--

   Inserted: (A) in subsection (a), by striking "general elections for Federal office" and inserting "general, special, primary, and runoff elections for Federal office";

   Inserted: (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

   Inserted: (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".

   Inserted: (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.

   Inserted: (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--

   Inserted: (1) by striking "General.--The Presidential" and inserting "General.--

   Inserted: "(1) Federal write-in absentee ballot.--The Presidential"; and

   Inserted: (2) by adding at the end the following new paragraph:

   Inserted: "(2) Promotion and expansion of use of federal write-in absentee ballots.--

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(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)).

   Inserted: "(C) Authorization of appropriations.--There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this paragraph.".

   Inserted: SEC. 589. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE BALLOT APPLICATIONS, MARKED ABSENTEE BALLOTS, AND FEDERAL WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET CERTAIN REQUIREMENTS.

   Inserted: (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 587, is amended by adding at the end the following new subsection:

   Inserted: "(i) Prohibiting Refusal To Accept Applications for Failure To Meet Certain 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:

   Inserted: "(1) Notarization requirements.

   Inserted: "(2) Restrictions on paper type, including weight and size.

   Inserted: "(3) Restrictions on envelope type, including weight and size.".

   Inserted: (b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42 U.S.C. 1973ff-2) is amended--

   Inserted: (1) by redesignating subsection (f) as subsection (g); and

   Inserted: (2) by inserting after subsection (e) the following new subsection:

   Inserted: "(f) Prohibiting Refusal To Accept Ballot for Failure To Meet Certain 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:

   Inserted: "(1) Notarization requirements.

   Inserted: "(2) Restrictions on paper type, including weight and size.

   Inserted: "(3) Restrictions on envelope type, including weight and size.".

   Inserted: (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.

   Inserted: SEC. 590. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

   Inserted: (a) Federal Voting Assistance Program Improvements.--

   Inserted: (1) In general.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by section 587, is amended by inserting after section 103A the following new section:

   Inserted: "SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

   Inserted: "(a) Duties.--The Presidential designee shall carry out the following duties:

   Inserted: "(1) Develop online portals of information 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.

   Inserted: "(2) 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.

   Inserted: "(3) 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.

   Inserted: "(b) Assessment of Effectiveness of Voting Assistance Officer Program.--Not later than 90 days after the date of enactment of this subsection, the Presidential designee shall submit to Congress a report containing the following:

   Inserted: "(1) A thorough and complete assessment of whether the Voting Assistance Officer Program of the Department of Defense, as configured and implemented as of such date of enactment, is effectively assisting members of the Armed Forces in exercising their right to vote.

   Inserted: "(2) An inventory and explanation of any areas of voter assistance in which such Program has failed to accomplish its stated objectives and effectively assist members of the Armed Forces in exercising their right to vote.

   Inserted: "(3) A detailed plan for the implementation of a new program to replace such Program and supplement, as needed, voter assistance activities required to be performed under this section.

   Inserted: "(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.

   Inserted: "(d) Authorization of Appropriations.--There are authorized to be appropriated to the Federal Voting Assistance Program of the Department of Defense (or a successor program) such sums as are necessary for purposes of carrying out this section.".

   Inserted: (2) Conforming amendments.--Section 101 of such Act (42 U.S.C. 1973ff), as amended by section 587, is amended--

   Inserted: (A) in subparagraph (b)--

   Inserted: (i) by striking "and" at the end of paragraph (8);

   Inserted: (ii) by striking the period at the end of paragraph (9) and inserting "; and"; and

   Inserted: (iii) by adding at the end the following new paragraph:

   Inserted: "(10) carry out section 103B with respect to Federal Voting Assistance Program Improvements."; and

   Inserted: (B) by adding at the end the following new subsection:

   Inserted: "(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)(10).".

   Inserted: (b) Voter Registration Assistance for Absent Uniformed Services Voters.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 589, is amended by adding at the end the following new subsection:

   Inserted: "(j) Voter Registration Assistance for Absent Uniformed Services Voters.--

   Inserted: "(1) Designating an office as a voter registration agency on each installation of the armed forces.--Not later than 180 days after the date of enactment of this subsection, each Secretary of a military department shall take appropriate actions to designate an office on each installation of the Armed Forces under the jurisdiction of such Secretary (excluding any installation in a theater of combat), consistent across every installation of the department of the Secretary concerned, to provide each individual described in paragraph (3)--

   Inserted: "(A) written information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101);

   Inserted: "(B) the opportunity to register to vote in an election for Federal office;

   Inserted: "(C) the opportunity to update the individual's voter registration information, including 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; and

   Inserted: "(D) the opportunity to request an absentee ballot under this Act.

   Inserted: "(2) Development of procedures.--Each Secretary of a military department shall develop, in consultation with each State and the Presidential designee, the procedures necessary to provide the assistance described in paragraph (1).

   Inserted: "(3) Individuals described.--The following individuals are described in this paragraph:

   Inserted: "(A) An absent uniformed services voter--

   Inserted: "(i) who is undergoing a permanent change of duty station;

   Inserted: "(ii) who is deploying overseas for at least 6 months;

   Inserted: "(iii) who is or returning from an overseas deployment of at least 6 months; or

   Inserted: "(iv) who at any time requests assistance related to voter registration.

   Inserted: "(B) All other absent uniformed services voters (as defined in section 107(1)).

   Inserted: "(4) Timing of provision of assistance.--The assistance described in paragraph (1) shall be provided to an absent uniformed services voter--

   Inserted: "(A) described in clause (i) of paragraph (3)(A), as part of the administrative in-processing of the member upon arrival at the new duty station of the absent uniformed services voter;

   Inserted: "(B) described in clause (ii) of such paragraph, as part of the administrative in-processing of the member upon deployment from the home duty station of the absent uniformed services voter;

   Inserted: "(C) described in clause (iii) of such paragraph, as part of the administrative in-processing of the member upon return to the home duty station of the absent uniformed services voter;

   Inserted: "(D) described in clause (iv) of such paragraph, at any time the absent uniformed services voter requests such assistance; and

   Inserted: "(E) described in paragraph (3)(B), at any time the absent uniformed services voter requests such assistance.

   Inserted: "(5) Pay, personnel, and identification offices of the department of defense.--The Secretary of Defense may designate pay, personnel, and identification offices of the Department of Defense for persons to apply to register to vote, update the individual's voter registration information, and request an absentee ballot under this Act.

   Inserted: "(6) Treatment of offices designated as voter registration agencies.--An office designated under paragraph (1) or (5) 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.

   Inserted: "(7) Outreach to absent uniformed services voters.--The Secretary of each military department or the Presidential designee shall take appropriate actions to inform absent uniformed services voters of the assistance available under this subsection including--

   Inserted: "(A) the availability of voter registration assistance at offices designated under paragraphs (1) and (5); and

   Inserted: "(B) the time, location, and manner in which an absent uniformed voter may utilize such assistance.

   Inserted: "(8) Reports.--

   Inserted: "(A) Report on status of implementation.--

   Inserted: "(i) Report required.--Not later than 180 days after the date of enactment of this subsection, the Secretary of each military department or the Presidential designee shall submit to the relevant committees of Congress a report on the status of the implementation of this subsection.

   Inserted: "(ii) Elements.--The report under clause (i) shall include a detailed description of the specific steps taken towards the implementation of this subsection, including the designation of offices under paragraphs (1) and (5).

   Inserted: "(B) Report on utilization of voter registration assistance.--

   Inserted: "(i) Reports required.--Not later than 1 year after the date of the enactment of this subsection, the Secretary of each military department or the Presidential designee shall submit to the relevant committees of Congress a report on the utilization of voter registration assistance provided under this subsection.

   Inserted: "(ii) Elements.--The report under clause (i) shall include--

   Inserted: "(I) a description of the specific programs implemented by each military department of the Armed Forces pursuant to this subsection; and

   Inserted: "(II) the number of absent uniformed services voters who utilized voter registration assistance provided under this section.

   Inserted: "(9) Definitions.--In this subsection:

   Inserted: "(A) Military department and secretary concerned.--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.

   Inserted: "(B) Relevant committees of congress.--The term 'relevant committees of Congress' means--

   Inserted: "(i) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and

   Inserted: "(ii) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

   Inserted: "(10) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.".

   Inserted: (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.

   Inserted: SEC. 591. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING CERTAIN DATA.

   Inserted: (a) In General.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)), as amended by section 590, is amended--

   Inserted: (1) by striking "and" at the end of paragraph (9);

   Inserted: (2) by striking the period at the end of paragraph (10) and inserting "; and"; and

   Inserted: (3) by adding at the end the following new paragraph:

   Inserted: "(11) working with the Election Assistance Commission and the chief State election official of each State, develop standards--

   Inserted: "(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

   Inserted: "(B) for the Presidential designee to store the data reported.".

   Inserted: (b) Conforming Amendment.--Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)), as amended by section 587, is amended--

   Inserted: (1) in paragraph (9), by striking "and" at the end;

   Inserted: (2) in paragraph (10), by striking the period at the end and inserting "; and"; and

   Inserted: (3) by adding at the end the following new paragraph:

   Inserted: "(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)(11).".

   Inserted: (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.

   Inserted: SEC. 592. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

   Inserted: (a) In General.--Subsections (a) through (d) of section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) are repealed.

   Inserted: (b) Conforming Amendments.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended--

   Inserted: (1) in section 101(b)--

   Inserted: (A) in paragraph (2), by striking ", for use by States in accordance with section 104"; and

   Inserted: (B) in paragraph (4), by striking "for use by States in accordance with section 104"; and

   Inserted: (2) in section 104, as amended by subsection (a)--

   Inserted: (A) in the section heading, by striking "USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS" and inserting "PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS OF EARLY SUBMISSION"; and

   Inserted: (B) in subsection (e), by striking "(e) Prohibition of Refusal of Applications on Grounds of Early Submission.--".

   Inserted: SEC. 593. ANNUAL REPORT ON ENFORCEMENT.

   Inserted: Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973f-4) is amended--

   Inserted: (1) by striking "The Attorney" and inserting "(a) In General.--The Attorney"; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(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.".

   Inserted: SEC. 594. REQUIREMENTS PAYMENTS.

   Inserted: (a) Use of Funds.--Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended--

   Inserted: (1) in paragraph (1), by striking "paragraph (2)" and inserting "paragraphs (2) and (3)"; and

   Inserted: (2) by adding at the end the following new paragraph:

   Inserted: "(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 Citizens Absentee Voting Act imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.".

   Inserted: (b) Requirements.--

   Inserted: (1) State plan.--Section 254(a) of the Help America Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the end the following new paragraph:

   Inserted: "(14) How the State plan will comply with the provisions and requirements of and amendments made by the Military and Overseas Voter Empowerment Act.".

   Inserted: (2) Conforming amendments.--Section 253(b) of the Help America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--

   Inserted: (A) in paragraph (1)(A), by striking "section 254" and inserting "subsection (a) of section 254 (or, in the case where a State is seeking a requirements payment made using funds appropriated pursuant to the authorization under section 257(4), paragraph (14) of section 254)"; and

   Inserted: (B) in paragraph (2)--

   Inserted: (i) by striking "(2) The State" and inserting "(2)(A) Subject to subparagraph (B), the State"; and

   Inserted: (ii) by inserting after subparagraph (A), as added by clause (i), the following new subparagraph:

   Inserted: "(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).".

   Inserted: (c) Authorization.--Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended by adding at the end the following new paragraph:

   Inserted: "(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).".

   Inserted: SEC. 595. TECHNOLOGY PILOT PROGRAM.

   Inserted: (a) Definitions.--In this section:

   Inserted: (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.).

   Inserted: (2) Overseas voter.--The term "overseas voter" has the meaning given such term in section 107(5) of such Act.

   Inserted: (3) Presidential designee.--The term "Presidential designee" means the individual designated under section 101(a) of such Act.

   Inserted: (b) Establishment.--

   Inserted: (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.).

   Inserted: (2) Design and conduct.--The design and conduct of a pilot program established under this subsection--

   Inserted: (A) shall be at the discretion of the Presidential designee; and

   Inserted: (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.

   Inserted: (c) Considerations.--In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues:

   Inserted: (1) The transmission of electronic voting material across military networks.

   Inserted: (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques.

   Inserted: (3) The transmission of ballot representations and scanned pictures in a secure manner.

   Inserted: (4) Capturing, retaining, and comparing electronic and physical ballot representations.

   Inserted: (5) Utilization of voting stations at military bases.

   Inserted: (6) Document delivery and upload systems.

   Inserted: (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.

   Inserted: (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--

   Inserted: (1) for the conduct of additional pilot programs under this section; and

   Inserted: (2) for such legislation and administrative action as the Presidential designee determines appropriate.

   Inserted: (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

   Original wording

   On page 166, before line 18, insert the following:

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As printed