S.Amdt. 3661

1. Adds PART III--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT on page 384, between lines 9 and 10

   Adds a sectionPrinted page

   Inserted: PART III--AMENDMENTS RELATED TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT

   Inserted: SEC. 1078A. PRE-ELECTION REPORTING REQUIREMENT ON TRANSMISSION OF ABSENTEE BALLOTS.

   Inserted: (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:

   Inserted: "(1) Pre-election report on absentee ballots transmitted.--

   Inserted: "(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.

   Inserted: "(B) Information reported.--The report under subparagraph (A) shall consist of the following:

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(2) Post election report on number of absentee ballots transmitted and received.--Not later than 90 days".

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   Inserted: (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".

   Inserted: SEC. 1078B. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.

   Inserted: (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:

   Inserted: "(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);".

   Inserted: (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:

   Inserted: "(g) Ballot Transmission Requirements.--

   Inserted: "(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:

   Inserted: "(A) Transmission deadline.--The State shall transmit the absentee ballot not later than 46 days before the election.

   Inserted: "(B) Special rules in case of failure to transmit on time.--

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(II) in any other case, provide for the return of such ballot by express delivery.

   Inserted: "(iii) Cost of express delivery.--In any case in which express delivery is required under this subparagraph, the cost of such express delivery--

   Inserted: "(I) shall not be paid by the voter, and

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: SEC. 1078C. TECHNICAL CLARIFICATIONS TO CONFORM TO 2009 MOVE ACT AMENDMENTS RELATED TO THE FEDERAL WRITE-IN ABSENTEE BALLOT.

   Inserted: (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".

   Inserted: (b) Conforming Amendment.--Section 103 of such Act (42 U.S.C. 1973ff-2) is amended--

   Inserted: (1) in subsection (b)(2)(B), by striking "general", and

   Inserted: (2) in the heading thereof, by striking "general".

   Inserted: SEC. 1078D. TREATMENT OF POST CARD REGISTRATION REQUESTS.

   Inserted: 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:

   Inserted: "(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)).".

   Inserted: SEC. 1078E. TREATMENT OF BALLOT REQUESTS.

   Inserted: (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--

   Inserted: (1) by inserting "or overseas voter" after "submitted by an absent uniformed services voter"; and

   Inserted: (2) by striking "members of the uniformed services" and inserting "absent uniformed services voters or overseas voters".

   Inserted: (b) Use of Single Application for Subsequent Elections.--

   Inserted: (1) In general.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--

   Inserted: (A) by striking "A State" and inserting the following:

   Inserted: "(a) Prohibition of Refusal of Applications on Grounds of Early Submission.--A State", and

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

   Inserted: "(b) Application Treated as Valid for Subsequent Elections.--

   Inserted: "(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.

   Inserted: "(2) Exceptions.--Paragraph (1) shall not apply with respect to either of the following:

   Inserted: "(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)).

   Inserted: "(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.".

   Inserted: (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".

   Inserted: (3) Revision to postcard form.--

   Inserted: (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--

   Inserted: (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

   Inserted: (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).

   Inserted: (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)).

   Inserted: SEC. 1078F. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

   Inserted: 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".

   Inserted: SEC. 1078G. BIENNIAL REPORT ON THE EFFECTIVENESS OF ACTIVITIES OF THE FEDERAL VOTING ASSISTANCE PROGRAM AND COMPTROLLER GENERAL REVIEW.

   Inserted: (a) In General.--Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-4a(b)) is amended--

   Inserted: (1) in the matter preceding paragraph (1)--

   Inserted: (A) by striking "March 31 of each year" and inserting "June 30 of each odd-numbered year"; and

   Inserted: (B) by striking "the following information" and inserting "the following information with respect to the Federal elections held during the 2 preceding calendar years";

   Inserted: (2) in paragraph (1), by striking "separate assessment" each place it appears and inserting "separate assessment and statistical analysis"; and

   Inserted: (3) in paragraph (2)--

   Inserted: (A) by striking "section 1566a" in the matter preceding subparagraph (A) and inserting "sections 1566a and 1566b";

   Inserted: (B) by striking "such section" each place it appears in subparagraphs (A) and (B) and inserting "such sections"; and

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

   Inserted: "(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.".

   Inserted: (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:

   Inserted: "(c) Comptroller General Reviews.--

   Inserted: "(1) In general.--

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(2) Matters reviewed.--A review conducted under paragraph (1) shall assess--

   Inserted: "(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,

   Inserted: "(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--

   Inserted: "(i) any steps taken toward improving the implementation of such voting assistance; and

   Inserted: "(ii) the extent of collaboration between the Presidential designee and the States in providing such voting assistance; and

   Inserted: "(C) any other information the Comptroller General considers relevant to the review.".

   Inserted: (c) Conforming Amendments.--

   Inserted: (1) Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended--

   Inserted: (A) by striking paragraph (6); and

   Inserted: (B) by redesignating paragraphs (7) through (11) as paragraphs (6) through (10), respectively.

   Inserted: (2) Section 102(a) of such Act (42 U.S.C. 1973ff-1(a)) is amended--

   Inserted: (A) in paragraph (5), by striking "101(b)(7)" and inserting "101(b)(6)"; and

   Inserted: (B) in paragraph (11), by striking "101(b)(11)" and inserting "101(b)(10)".

   Inserted: (3) Section 105A(b) of such Act (42 U.S.C. 1973ff-4a(b)) is amended--

   Inserted: (A) by striking "Annual Report" in the subsection heading and inserting "Biennial Report"; and

   Inserted: (B) by striking "In the case of" in paragraph (3) and all that follows through "a description" and inserting "A description".

   Inserted: (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.

   Inserted: SEC. 1078H. EFFECTIVE DATE.

   Inserted: Except as provided in section 1078G(d), the amendments made by this title shall take effect on January 1, 2015.

   Original wording

   On page 384, between lines 9 and 10, insert the following:

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