Military Ballot Integrity Act of 2012 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require states which do not transmit to an absent uniformed services voter a validly requested absentee ballot for a federal election by the deadline required to delay the certification of the election results by the number of days by which the state missed such deadline with respect to the voter, except in elections subject to a state undue hardship waiver.
Allows any person aggrieved by a violation of the Act to bring a civil action in an appropriate district court for necessary declaratory or injunctive relief. (Under current law, only the Attorney General may bring such an action.) Allows for the award of reasonable attorney's fees for the prevailing party.
Requires a report from the Attorney General in each year in which a general election for federal office is scheduled on the number of attorneys and other staff within the Department of Justice (DOJ) assigned to enforce the Act, as well as a plan to detect noncompliance by state and local election officials with requirements of the Act.
Requires the presidential designee responsible for federal functions under the Act to establish and operate a centralized mail forwarding database through which balloting materials for a member of a reserve component called or ordered to active duty are forwarded to the member's correct mailing address after the member is released from active duty.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6594 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6594
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
require States which fail to transmit validly requested absentee
ballots in an election for Federal office to absent uniformed services
voters within the deadline established under the Act to delay
certifying the results of the election, to establish a private right of
action to enforce the requirements of such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2012
Mr. Olson introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Uniformed and Overseas Citizens Absentee Voting Act to
require States which fail to transmit validly requested absentee
ballots in an election for Federal office to absent uniformed services
voters within the deadline established under the Act to delay
certifying the results of the election, to establish a private right of
action to enforce the requirements of such Act, 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 ``Military Ballot Integrity Act of
2012''.
SEC. 2. REQUIRING STATES FAILING TO MEET DEADLINE FOR TRANSMITTING
ABSENTEE BALLOTS TO ABSENT UNIFORMED SERVICES VOTERS TO
DELAY CERTIFICATION OF RESULTS OF ELECTION.
(a) Delay in Certification of Results of Elections.--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:
``(j) Delay in Certification of Results of Elections in States
Failing To Meet Deadline for Transmitting Absentee Ballots to Absent
Uniformed Services Voters.--
``(1) In general.--If a State does not transmit a validly
requested absentee ballot with respect to an election to an
absent uniformed services voter by the deadline required under
subsection (a)(8)(A), the State shall delay the certification
of the results of the election by the number of days by which
the State missed such deadline with respect to the voter.
``(2) Exception for elections subject to waiver.--Paragraph
(1) does not apply with respect to any election for which a
waiver is approved under subsection (g).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after the date of the
enactment of this Act.
SEC. 3. ESTABLISHMENT OF PRIVATE RIGHT OF ACTION.
(a) In General.--Section 105 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-4) is amended by striking
subsection (b) and inserting the following:
``(b) Private Right of Action.--A person who is aggrieved by a
violation of this Act may bring a civil action in an appropriate
district court for such declaratory or injunctive relief as may be
necessary to carry out this Act.
``(c) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney's fees, including litigation expenses, and costs.
``(d) Reports to Congress.--
``(1) Annual report.--Not later than December 31 of each
year, the Attorney General shall submit to Congress an annual
report on any civil action brought by the Attorney General
under subsection (a) during the preceding year or any civil
action brought by a private party under subsection (b) in which
the Attorney General intervened.
``(2) Report on enforcement.--Not later than July 1 of each
year in which a regularly scheduled general election for
Federal office is held, the Attorney General shall submit to
Congress a report on the number of attorneys and other staff
within the Department of Justice assigned to enforce this Act,
as well as the Attorney General's plan to detect noncompliance
by State and local election officials with the requirements of
this Act.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to alleged violations occurring on or after the date of
the enactment of this Act.
SEC. 4. CENTRALIZED FORWARDING DATABASE FOR DELIVERING ELECTION
MATERIAL TO DEMOBILIZED MEMBERS OF RESERVE AND NATIONAL
GUARD.
(a) Establishment and Operation.--Section 103B(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2b(a)) is
amended by adding at the end the following new paragraph:
``(3) Establish and operate a centralized mail forwarding
database through which balloting materials for a member of a
reserve component who is called or ordered to active duty are
forwarded to the member's correct mailing address after the
member is released from active duty.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to balloting materials prepared for any election
occurring after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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