Express Mail Delivery for Military Ballots Act Exposed

The Express Mail Delivery for Military Ballots Act was adopted by ALEC's Public Safety and Elections Task Force on July 17, 2009, approved by the ALEC Board of Directors on August 27, 2009. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This bill would require that absentee military ballots be submitted via express mail, paid for by the state. Note that FedEx and UPS are ALEC members.

ALEC Bill Text

SUMMARY:

An Act to utilize express mail to reduce the delivery time of ballots from overseas military voters who are citizens of the State of _____ from the current period of 3 weeks to four days.

SECTION 1. SHORT TITLE.

This Act may be cited as the "(NAME OF STATE) Military Voter Protection Act of 2010."

SECTION 2. FINDINGS.

The State of _____ makes the following findings:

(1) In the defense of freedom, members of the United States Armed Forces from the state of _______ are routinely deployed to overseas theaters of combat, assigned to overseas locations, and assigned to ocean-going vessels far from home.

(2) As the United States continues to fight the Global War on Terror, the substantial need for overseas service by members of the Armed Forces will continue, as we live in what senior Army leaders have referred to as an "era of persistent conflict."

(3) The right to vote is one of the most basic and fundamental rights enjoyed by Americans, and one which the members of the Armed Forces bravely defend both at home in the United States and overseas.

(4) The ability of the members of the Armed Forces to vote while serving overseas has been hampered by numerous factors, including federal delivery methods that are typically slow and antiquated and that currently require at least three weeks for the delivery of completed ballots.

(5) The right to vote and the right to have one's vote counted should never be conditioned on giving up the secrecy of the ballot.

(6) The current system of absentee voting for overseas members of the Armed Forces could be greatly improved by decreasing delays in the process, including utilization of express mail services for the delivery of completed absentee ballots.

SECTION 3. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

(a) Collection - The Chief State Election Officer of the State of ______, shall establish, in cooperation with the Federal Voting Assistance Program a procedure for collecting marked absentee ballots of absent overseas uniformed services voters registered in the state of ________ in regularly scheduled primary and general elections including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under federal law, and for delivering the ballots to the appropriate election officials. The cost of such delivery shall be paid by the State of _______, unless a federally funded program for timely delivery that meets the requirements of this Act is adopted.

(b) Ensuring Delivery Prior to Closing of Polls-

(1) IN GENERAL- Under the procedures established under this section, the Chief State Election Officer shall ensure that any marked absentee ballot for a regularly scheduled primary or general election which is collected prior to the deadline described in paragraph (3) is delivered to the appropriate election official in the State of _______ prior to the time established by the State for the closing of the polls on the date of the election.

(2) UTILIZATION OF EXPRESS MAIL DELIVERY SERVICES- The Chief State Election Official shall carry out this section by utilizing the express mail delivery services of the United States Postal Service, or if the Postal Service is unable to perform these functions within the required deadlines, or if the Chief State election official determines that a competitive bidding process would save taxpayer funds, by a competitive bidding process.

(3) DEADLINE DESCRIBED-

(A) IN GENERAL- Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the fourth day preceding the date of the election.

(B) AUTHORITY TO ESTABLISH ALTERNATIVE DEADLINE FOR CERTAIN LOCATIONS- If the chief State Election Officer determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the chief State Election Officer in consultation with the Federal Voting Assistance Program may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to ensure timely delivery of the ballot under paragraph (1).

(c) Tracking Mechanism- Under the procedures established under this section, the Chief State Election Officer, working in conjunction with the United States Postal Service or other express mail carrier or carriers selected by the State, shall implement procedures to enable any individual whose marked absentee ballot for a regularly scheduled primary or general election is collected by such express mail carrier to determine whether the ballot has been delivered to the appropriate election official, using the Internet, an automated telephone system, or such other methods as the Chief State Election Official may provide.

(d) Outreach for Absent Overseas Uniformed Services Voters on Procedures- The Chief State Election Official in consultation with the Federal Voting Assistance Program shall take appropriate actions to inform individuals registered to vote in the State of _______ who are anticipated to be absent overseas uniformed services voters in a regularly scheduled primary or general election to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots in the election.

(e) Reports on Utilization of Procedures-

(1) REPORTS REQUIRED- Not later than 180 days after each regularly scheduled general election to which this section applies, the Chief State Election Official shall submit to the relevant committees of the Legislature a report on the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section during such general election.

(2) ELEMENTS- Each report under paragraph (1) shall include, for the general election covered by such report, a description of the utilization of the procedures described in that paragraph during such general election, including the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the reasons therefore).

(3) RELEVANT COMMITTEES OF THE LEGISLATURE DEFINED- In this subsection, the term "relevant committees of the Legislature" means—(insert relevant committees).

(f) Absent Overseas Uniformed Services Voter Defined- In this section, the term "absent overseas uniformed services voter" means an overseas voter described in section 107(5)(A) of the Federal Uniformed and Overseas Citizens Absentee Voting Act.

(g) Authorization of Appropriations- There are authorized to be appropriated to the Chief State Election Officer such sums as may be necessary to carry out this section.

(h) Effective Date- This section shall apply with respect to the regularly scheduled general election for Federal office held in [insert date] and each succeeding primary and general election for Federal and State office.

(i) Report on Status of Implementation-

(1) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Chief State Election Official shall submit to the relevant committees of the Legislature a report on the status of the implementation of the program for the collection and delivery of marked absentee ballots established pursuant to this Act.

(2) ELEMENTS- The report under paragraph (1) shall include a status of the implementation of the program and a detailed description of the specific steps taken towards its implementation for November 2010.

(3) RELEVANT COMMITTEES OF THE LEGISLATURE DEFINED- In this subsection, the term "relevant committees of the Legislature" means—(insert relevant committees)

SECTION 4. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE BALLOTS.

The Chief State Election Official shall take such actions as may be required to ensure that absent uniformed services voters who cast absentee ballots are able to do so in a private and independent manner, and take such actions as may be required to protect the privacy of the contents of absentee ballots cast by absent uniformed services voters and overseas voters while such ballots are in the possession or control of the Chief State Election Official, an express mail carrier, or any local election official in the State of _____.

Section 5. {Severability Clause.}

Section 6. {Repealer Clause.}

Section 7. {Effective Date.}

Approved by the Public Safety and Elections Task Force on July 17, 2009.

Approved by the ALEC Board of Directors on August 27, 2009.