1071 
[DOCID: f:h492ih.txt]






107th CONGRESS
  1st Session
                                H. R. 492

  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, to 
   direct the Secretary of Defense to conduct a study of methods to 
improve the procedures used to enable absent uniformed services voters 
 to register to vote and vote in elections for Federal office, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2001

  Mr. Bachus 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, to 
   direct the Secretary of Defense to conduct a study of methods to 
improve the procedures used to enable absent uniformed services voters 
 to register to vote and vote in elections for Federal office, 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 Improvement 
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) Effective Date.--This section shall apply with respect to 
ballots submitted for elections for Federal office occurring after the 
date of the enactment of this Act.

SEC. 3. STUDY OF METHODS TO IMPROVE VOTING PROCEDURES FOR ABSENT 
              UNIFORMED SERVICES VOTERS.

    (a) In General.--The Secretary of Defense (hereafter in this Act 
referred to as the ``Secretary'') shall conduct a study of methods to 
improve the procedures used to enable absent uniformed services voters 
to register to vote and vote in elections for Federal office.
    (b) Postmark Requirements for Registration Applications and 
Absentee Ballots.--In conducting the study under subsection (a), the 
Secretary shall examine methods to ensure that each voter registration 
application or absentee ballot which is submitted by an absent 
uniformed services voter within the applicable deadline under State law 
is postmarked or otherwise dated so that the appropriate State election 
official will know that the voter met the deadline.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to Congress on the 
study conducted under this section, and shall include in the report 
such recommendations as the Secretary considers appropriate.

SEC. 4. 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)).
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