H.Con.Res.28 - Expressing the sense of Congress that the votes of overseas servicemembers must be counted and honored as required under the Uniformed and Overseas Citizens Absentee Voting Act. (119th Congress)
Summary
H.Con.Res.28 expresses the sense of Congress that the votes of overseas servicemembers must be counted and honored as required under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The resolution reaffirms the commitment to enforcing UOCAVA and urges states and territories to prioritize the timely processing of absentee ballots. It also calls upon the Attorney General to monitor compliance with UOCAVA and address violations.
Expected Effects
This resolution serves as a formal expression of Congressional intent. It reinforces the importance of UOCAVA and aims to ensure that states comply with federal law regarding absentee voting for overseas servicemembers. The resolution may lead to increased scrutiny of state election procedures and potentially more robust enforcement of UOCAVA.
Potential Benefits
- Reinforces the voting rights of uniformed servicemembers and overseas citizens.
- Promotes election integrity by ensuring all legally cast ballots are counted.
- Encourages states to improve their absentee voting processes.
- Potentially reduces disenfranchisement due to administrative errors or delays.
- Strengthens public trust in democratic processes.
Potential Disadvantages
- The resolution itself has no legal binding effect; it is merely an expression of Congress's opinion.
- Enforcement relies on the Attorney General's willingness to act, which may be influenced by political considerations.
- States may resist federal oversight of their election procedures.
- The resolution does not address the underlying logistical challenges that servicemembers face when voting from overseas.
- Potential for increased litigation related to UOCAVA compliance.
Constitutional Alignment
The resolution aligns with the Constitution by upholding the right to vote, a fundamental principle of democracy. While the Constitution does not explicitly guarantee absentee voting for military personnel, it does protect the right to vote, as seen in the 14th Amendment's Equal Protection Clause and the 15th Amendment's prohibition of denying the right to vote based on race. Congress's authority to enact UOCAVA and oversee elections stems from Article I, Section 4, which grants Congress the power to regulate the time, place, and manner of elections for federal office.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).