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STATEMENT OF

BOB MANHAN
ASSISTANT DIRECTOR, NATIONAL LEGISLATIVE SERVICE
VETERANS OF FOREIGN WARS OF THE UNITED STATES
BEFORE THE
SUBCOMMITTEE ON MILITARY PERSONNEL
COMMITTEE ON ARMED SERVICES
UNITED STATES HOUSE OF REPRESENTATIVES
WITH RESPECT TO
MILITARY VOTINg

MAY 9, 2001

MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE:

On behalf of the over 2.7 million members of the Veterans of Foreign Wars of the United States, to include our Ladies Auxiliary, and in fact, also on behalf of all members of the Armed Services, I thank you for inviting us to participate in today's very important hearing. The subject is simple: "Military Voting." The implementation is difficult. In sum this is still a work-in-progress that is more than half a century old. In 1952 President Truman sent a letter to the 82^nd Congress asking for legislation allowing military personnel who are unable to return to their states to register or to vote, to be able to do so. His last sentence provides the rationale by saying: "At a time when these young people are defending our country and its free institutions, the least we at home can do is make sure that they are able to enjoy the rights they are asked to preserve."

Federal law already protects military voting rights in all federal elections, but the law is less clear about whether absentee ballots from military members must be accepted in state and local elections. The Uniformed and Overseas Citizens Absentee Voting Act allows all members, and all U.S. citizens overseas, the right to vote by absentee ballot in primary, general, special, and run-off elections for federal office. Their right to vote for state and local offices is governed by state law.

The fundamental problem is that whenever anyone enters into the Armed Services almost all are assigned to live somewhere other than in the community they came from. This is true whether assigned within the United States or overseas. This is also true whether they are a member of the Reserve or the National Guard. It is the VFW's contention that military service members who swear to uphold the Constitution of the United States must not be denied every other citizen's privilege to vote for the candidates of their choice. This includes local, state, and national elections. We strongly believe that once a local voting district office accepts a member's absentee registration for national elections, as guaranteed by present law, similar registration for state and local elections should also be guaranteed. This makes good sense and is equitable because members who declare residence for national election purposes cannot legally claim a different residence to vote in local elections. Said another way, the VFW strongly believes it is entirely appropriate for the Federal Government to insist that the states, in exercising their state responsibilities to administer state and local elections, do not discriminate against those personnel whom the Federal Government has chosen to carry out its national defense responsibilities, regardless of where they are located at election time.

The major absentee ballot complaints the VFW has received from active duty military personnel include the problems of postmarks - or lack thereof-transit times involved when using the postal service, now referred to as "snail mail", notary requirements and lack of addresses for requesting balloting information.

The VFW is aware of Department of Defense's "The Federal Voting Assistance Program" and their recently completed test, using the FAX and Internet. We are also aware of, and very much appreciate their published Voting Assistance Guide, listing every state's voting requirements alphabetically. This document is available in their Voter Assistance Information Centers. Although DoD is also participating in this hearing today, we cite these actions as a step in the right direction, primarily to address the problems of timeliness to request and return ballots. This may help explain why some 65% of military personnel voted in past federal elections. About 90% of all who did vote did so by absentee ballot.

The primary problems that must be legislatively addressed are the issues of establishing a domicile to vote for members of the Armed Forces; to protect military voters from disenfranchisement based on technical faults that are beyond the control of the individual member, and; better use of today's communications technologies.

To be more specific the following are the VFW's six major concerns.

·       Residency Status. No state should be allowed to prohibit a military member from voting when absent due to military orders.

·       Extend the time and right for absentee service personnel to register and vote absentee in all elections, to include state and local elections.

·       Extend all above criteria to service members up to 60 days after separation from the Armed Forces.

·       Electronic voting should be expanded and available in the military in time for the next presidential election in November 2004. We believe the pilot project carried out by the Federal Voter Assistance Program is the test-bed for prototype use. As cited previously, this is a DoD action.

·       Streamline the military absentee ballot. VFW recommends deleting requirements for a witness signature, address, and postmark. These are currently the three most common reasons given by states for voiding the military absentee ballot. However, these changes would not limit any state from voiding a ballot and possibly initiating criminal action if evidence of fraud is found.

·       One-stop Federal ballot service. States should be required to recognize/accept a single timely application for an absentee ballot as a request for all federal elections in that year. Also included in this recommendation is the requirement to prohibit states from refusing to accept requests for absentee ballots before a certain date during an election year.

The VFW recognizes the fact that politics and elections are sides of the same coin. Today there are at least 49 bills introduced in the House addressing voting procedures. At least three focus specifically on the issue of military absentee voting. We also expect similar additional bills. While the VFW is certainly aware that this is not a legislative hearing we would be less than candid if we did not mention the fact we were one of the early supporters of the "Military Overseas Voter Empowerment Act of 2001," which has initial bi-partisan sponsorship.

The VFW again thanks this subcommittee for the opportunity to participate in such an important subject. We intend to work hard with all other interested parties to secure absentee ballot reform this year for all military persons. I am prepared to respond to any questions you, Mr. Chairman, or any member of this subcommittee may have. Thank you.

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