Requiring transmission of blank absentee ballots under UOCAVA to certain voters
Title X — Absent Uniformed Services Voters and Overseas Voters
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(a) In general The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after section 103B the following new section: 103C. Transmission of blank absentee ballots to certain other voters (a) In general (1) State responsibilities Subject to the provisions of this section, each State shall transmit blank absentee ballots electronically to qualified individuals who request such ballots in the same manner and under the same terms and conditions under which the State transmits such ballots electronically to absent uniformed services voters and overseas voters under the provisions of section 102(f), except that no such marked ballots shall be returned electronically. (2) Requirements Any blank absentee ballot transmitted to a qualified individual under this section— (A) must comply with the language requirements under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503); and (B) must comply with the disability requirements under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). (3) Affirmation The State may not transmit a ballot to a qualified individual under this section unless the individual provides the State with a signed affirmation in electronic form that— (A) the individual is a qualified individual (as defined in subsection (b)); (B) the individual has not and will not cast another ballot with respect to the election; and (C) acknowledges that a material misstatement of fact in completing the ballot may constitute grounds for conviction of perjury. (4) Clarification regarding free postage An absentee ballot obtained by a qualified individual under this section shall be considered balloting materials as defined in section 107 for purposes of section 3406 of title 39, United States Code. (5) Prohibiting refusal to accept ballot for failure to meet certain requirements A State shall not refuse to accept and process any otherwise valid blank absentee ballot which was transmitted to a qualified individual under this section and used by the individual to vote in the election solely on the basis of the following: (A) Notarization or witness signature requirements. (B) Restrictions on paper type, including weight and size. (C) Restrictions on envelope type, including weight and size. (b) Qualified individual (1) In general In this section, except as provided in paragraph (2), the term qualified individual means any individual who is otherwise qualified to vote in an election for Federal office and who meets any of the following requirements: (A) The individual— (i) has previously requested an absentee ballot from the State or jurisdiction in which such individual is registered to vote; and (ii) has not received such absentee ballot at least 2 days before the date of the election. (B) The individual— (i) resides in an area of a State with respect to which an emergency or public health emergency has been declared by the chief executive of the State or of the area involved within 5 days of the date of the election under the laws of the State due to reasons including a natural disaster, including severe weather, or an infectious disease; and (ii) has not previously requested an absentee ballot. (C) The individual expects to be absent from such individual’s jurisdiction on the date of the election due to professional or volunteer service in response to a natural disaster or emergency as described in subparagraph (B). (D) The individual is hospitalized or expects to be hospitalized on the date of the election. (E) The individual is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) and resides in a State which does not offer voters the ability to use secure and accessible remote ballot marking. For purposes of this subparagraph, a State shall permit an individual to self-certify that the individual is an individual with a disability. (2) Exclusion of absent uniformed services and overseas voters The term qualified individual shall not include an absent uniformed services voter or an overseas voter. (c) State For purposes of this section, the term State includes 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. (d) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2028 and each succeeding election for Federal office.. (b) Conforming amendment Section 102(a) of such Act (52 U.S.C. 20302(a)) is amended— (1) by striking and at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting; and; and (3) by adding at the end the following new paragraph: (12) meet the requirements of section 103C with respect to the provision of blank absentee ballots for the use of qualified individuals described in such section.. (c) Clerical amendments The table of contents of such Act is amended by inserting the following after section 103: Sec. 103A. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. Sec. 103B. Federal voting assistance program improvements. Sec. 103C. Transmission of blank absentee ballots to certain other voters..