Military VOTE Act
H.R. 10064118th Congress

Military VOTE Act

Introduced in the HouseRep. Sean Casten (D-IL-6)49 sections · 4 min read
Version: Introduced in House · Oct 29, 2024

Section 1. Short title

This Act may be cited as the Military Voters Overseas Technical Enhancement Act or the Military VOTE Act.

(a) Voter registration availability

At the time an individual enlists as a member, or is commissioned as an officer, of a covered Armed Force, the Secretary of Defense shall—

(1) ask the individual if the individual is eligible to register to vote in elections for Federal office in the State in which the individual resides; and

(2) if the individual responds by stating that the individual is eligible to register to vote in such elections, the Secretary shall, in accordance with section 7(a)(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(4))—

(A) provide the individual with a mail voter registration application form;

(B) assist the individual in completing the form, unless the individual refuses such assistance; and

(C) accept the individual’s completed voter registration application form for transmittal to the appropriate State election official.

(b) No effect on service in covered Armed Force

In carrying out this section with respect to any individual, the Secretary shall not—

(1) seek to influence the individual’s political preference or party registration;

(2) display any such political preference or party allegiance;

(3) make any statement to an individual or take any action the purpose or effect of which is to discourage the individual from registering to vote; or

(4) make any statement to an individual or take any action the purpose or effect of which is to lead the individual to believe that a decision to register or not to register has any bearing on the individual’s service in a covered Armed Force.

(c) Agreements

The Secretary shall seek to enter into agreements with the appropriate State election officials to enable the Secretary to carry out this section.

(d) Definitions

In this section:

(1) The term covered Armed Force means the Army, Navy, Marine Corps, Air Force, or Space Force.

(2) The terms election and Federal office have the meaning given such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).

(3) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(a) Electronic transmission

Section 102(f)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(f)(2)) is amended to read as follows:

(2) Transmission if no preference indicated

If an absent uniformed services voter or overseas voter does not designate a preference under paragraph (1)(B)—

(A) the State shall transmit the ballot electronically; or

(B) if the State lacks sufficient information to transmit the ballot electronically, the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law.

(b) Notification of change of address and change in uniformed service status

Section 101(b) of such Act (52 U.S.C. 20301(b)) is amended—

(1) by striking the semicolon at the end of paragraph (10);

(2) by striking the period at the end of paragraph (11) and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

(12) take such steps as may be necessary to ensure that the appropriate State election official of a State has timely and accurate contact information, including an updated mailing address, for each uniformed services voter who is registered to vote in the State, without regard to whether the voter is an absent uniformed services voter; and

(13) notify the appropriate State election official of a State if an individual who is registered to vote in the State and who is a uniformed services voter, including an absent uniformed services voter, is no longer a uniformed services voter.

(c) Definition

Section 107 of such Act (52 U.S.C. 20310) is amended—

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

(2) by redesignating paragraph (8) as paragraph (9); and

(3) by inserting after paragraph (7) the following new paragraph:

(8) uniformed services voter means an individual who is not absent from the place of residence where the member is otherwise qualified to vote and who is—

(A) a member of a uniformed service on active duty;

(B) a member of the merchant marine; or

(C) a spouse or dependent of a member referred to in subparagraph (A) or (B); and

(a) In general

Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:

(1) In general

If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) 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, the State shall provide an absentee ballot to the voter for each such subsequent election.

(2) Exception for voters changing uniformed service status

Paragraph (1) shall not apply with respect to a voter registered to vote in a State for any election held after the voter is no longer a uniformed services voter.

(b) Prohibition of refusal of application on grounds of early submission

A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.

(b) Conforming revision to postcard form

Section 101 of such Act (52 U.S.C. 20301) is amended—

(1) in subsection (b)(2), by striking the semicolon and inserting, in accordance with subsection (c);;

(2) by redesignating subsections (b) and (c) as subsections (c) and (d); and

(3) by inserting after subsection (a) the following new subsection:

(c) Use of official post card form for registration for subsequent elections

The Presidential designee shall ensure that the official postcard form prescribed under subsection (b)(2) enables a voter using the form to request an absentee ballot for subsequent elections for Federal office held in a State, as provided under section 104.

(c) Effective date

The amendments made by this subsection shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of enactment of this Act.

Section 5. Evaluation of accuracy and timeliness of voter registration information provided to absent uniformed services voters upon transfer to new duty station

Section 105A of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20308) is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection:

(c) Adequacy of voter registration information provided to members upon transfer to new duty station

Not later than one year after the date of the enactment of this subsection, the Presidential designee shall submit to the President and the relevant congressional committees an evaluation of whether the information on voter registration which is included in the change of base packet provided to absent uniformed services voters who are transferred to new duty stations provides timely and accurate information on how such voters may register to vote in elections for Federal office.

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