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<PRE>[DOCID: f:h159ih.txt]






107th CONGRESS
  1st Session
                                H. R. 159

  To prohibit a State from determining that a ballot submitted by an 
  absent uniformed services voter was improperly or fraudulently cast 
unless the State finds clear and convincing evidence of fraud, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

  Mr. Riley introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
  To prohibit a State from determining that a ballot submitted by an 
  absent uniformed services voter was improperly or fraudulently cast 
unless the State finds clear and convincing evidence of fraud, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Armed Services Voting Act''.

SEC. 2. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED 
              SERVICES VOTERS IN FEDERAL ELECTIONS.

    (a) In General.--A State may not refuse to count a ballot submitted 
in an election for Federal office by an absent uniformed services voter 
on the grounds that the ballot was improperly or fraudulently cast 
unless the State finds clear and convincing evidence of fraud in the 
preparation or casting of the ballot by the voter. For purposes of the 
previous sentence, the lack of a witness signature, address, postmark, 
or other identifying information may not be considered clear and 
convincing evidence of fraud (absent any other information or 
evidence).
    (b) No Effect on Filing Deadlines Under State Law.--Nothing in this 
section may be construed to affect the application to ballots submitted 
by absent uniformed services voters of any ballot submission deadline 
applicable under State law.
    (c) Absent Uniformed Services Voter Defined.--In this Act, the term 
``absent uniformed services voter'' has the meaning given such term in 
section 107(1) of the Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973ff-6(1)).

SEC. 3. EFFECTIVE DATE.

    This Act shall apply with respect to ballots submitted for 
elections for Federal office occurring after the date of the enactment 
of this Act.
                                 &lt;all&gt;

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