MILITARY SERVICES AND OVERSEAS CIVILIAN ABSENTEE VOTERS ACT

SECTION 1. SHORT TITLE. This [act] may be cited as the Military Services and Overseas Civilian Absentee Voters Act.

(1) “Absent uniformed services voter” means:

(A) a member of a uniformed service described in definition (5)(A) of this section, on active duty, who is absent from the place where the member is otherwise qualified to vote; or

(B) a member of a uniformed service described in definition (5)(B) of this section

who, while in service, is absent from the place where the member is otherwise qualified to vote; or

this section, in activated status, who is absent from the place where the member is otherwise qualified to vote; or

(D) a spouse or dependent of a member referred to in subparagraphs (A) through (C) who is absent from the place where the spouse or dependent is otherwise qualified to vote.

(2) “Dependent” means a person recognized as a dependent by the applicable uniformed service.

(3) “Military-overseas ballot” means:

(A) a Federal Write-In Absentee Ballot described in section 11; or

(B) a ballot specifically prepared or distributed for the use of absent uniformed services voters or overseas voters in accordance with this [act]; or

(4) “Overseas voter” means a United States citizen who is outside the United States and who qualifies under section 5.

(5) “Uniformed service” means:

(A) both active and reserve components of the Army, Navy, Air Force, Marine

Corps, and Coast Guard of the United States;

(B) the Merchant Marines, the commissioned corps of the Public Health Service,

and the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; and

(6) “United States”, where used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Reporter’s Comment

The Act’s definition of the terms “absent uniformed services voter” and “overseas voter” builds upon the definitions of these same terms in the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”), 42 U.S.C. § 1973ff-6(1), but simplifies these definitions and expands them to cover members of the National Guard and, in section 5, to U.S. citizens born abroad who have not established a voting residency in the United States. However, unlike in the UOCAVA, the Act’s coverage of absent uniformed services voters is based on a voter’s status as an active member of one of the defined services, whether or not that service is the reason that the voter is absent from the place of voting. The definition of “absent uniformed services voter” does not specify that the place where the voter is qualified to vote be in the enacting state because that would create a problem for a spouse (or dependent) who is eligible to vote in this state but whose uniformed service member is eligible in another state. An absent uniformed services voter still must meet an enacting state’s eligibility requirements (including residency in that state) in order to vote in that state.

SECTION 3. ELECTIONS COVERED. The voting procedures provided under this [act] apply to the following elections:

(a) any general, special, [presidential preference,] or primary election[, including any

runoff election,] for federal office;

(b) any general, special, [recall,] or primary election[, including any runoff election,] for

statewide or state legislative office [or state ballot measure];

local government office [or local ballot measure] conducted according to the procedure of [reference election title or other relevant portion of state code] [for which absentee voting or voting by mail is available for other voters].

Legislative Note: The bracketed language in subsections (a), (b), and (c) pertaining to presidential preference, recall, and runoff elections and state or local ballot measures is only for states with such elections or measures.

Reporter’s Comment

The first category of elections delineated in this section is the only category covered by the UOCAVA. However, even for these elections, this Act provides additional accommodations to military and overseas voters that are not provided under the UOCAVA. The second and third categories of state and local elections extend the Act’s accommodations to non-federal elections not within the UOCAVA scope. These two categories are distinguished primarily to permit an enacting state more easily to consider providing different accommodations to military and overseas voters depending on the type of election.

SECTION 4. ROLE OF [STATE’S CHIEF ELECTION AUTHORITY]. [The state’s chief election authority]:

(a) is the chief state official responsible for implementing this [act];

(b) is the chief state official responsible for implementing the state’s responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff et seq.;

(c) shall make information regarding voter registration procedures and military-overseas balloting procedures under this [act] available to all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the state. [The state’s chief election authority] may delegate this responsibility only to the state office designated in compliance with the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff-1(b)(1).

(d) shall develop standardized absentee voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used in conjunction with the military-overseas ballot of any absent uniformed services voter or overseas voter voting in any jurisdiction within the state, and to the extent reasonably possible shall do so in coordination with other states.

Reporter’s Comment

Each state will need to supply the appropriate title for its chief elections authority, whether it is the Secretary of State, head or director of State Board of Elections, or other official or entity. Where this authority is an organization, rather than an individual, the phrase “chief state official” in subsections (a) and (b) may also merit alternative phrasing. The expectation is that this authority in turn will delegate its duties at least in part to the same office that the state has designated to fulfill the UOCAVA requirement that the state designate a state office to facilitate the state’s compliance with the UOCAVA. Other duties may naturally devolve to local election officials, depending on how the state has structured its election processes generally.

In most states, the implementing authority specified in subsection (a) presumably already includes authority to promulgate rules according to the existing rulemaking procedures of the state. States in which this rulemaking authority is not already established may wish to include additional language establishing authority to make rules to implement this Act.

The requirement that states develop “standardized” voting materials is not meant to require statewide uniformity in voting processes where such uniformity does not already exist. Thus, in states using different voting systems in different jurisdictions around the state, “standardized” voting materials may include one standard for jurisdictions using one system, and another standard for jurisdictions using another system. Nevertheless, the state’s chief elections authority should work with local election officials to simplify and standardize as much as possible the materials provided to voters, including developing standard identifying labels and other markings on such materials to expedite their handling.

The “electronic equivalent” of privacy envelopes and transmission envelopes means at a minimum a template or instructions to accompany the electronic delivery of an unvoted ballot that assist the voter to prepare and use appropriate envelopes to return the voter’s marked ballot if the voter is returning the ballot physically through the mail. If a state is allowing a voter to return a marked ballot electronically, the state should employ digital encryption or other security measures to provide comparable protection of the secrecy of the marked ballot.

SECTION 5. OVERSEAS VOTERS’ ELIGIBILITY TO VOTE.

(a) An overseas voter is eligible to vote in this state if the last place where the voter was, or if then of voting age would have been, eligible to vote before leaving the United States is within this state.

(b) An overseas voter who was born outside the United States and who is not included in subparagraph (a) is eligible to vote in this state if the last place where a parent or guardian of the voter was, or under this [act] would have been, eligible to vote before leaving the United States is within this state, and if the voter has not previously registered to vote in any other state.

(c) An overseas voter who is eligible to vote in this state shall register to vote using, and be assigned to the voting [precinct/district] of, the address of the voter’s last place of residence in this state, or, in the case of a voter eligible under subsection (b), the address of the voter’s parent’s or guardian’s last place of residence in this state.

Reporter’s Comment

This section builds upon the UOCAVA definition of “overseas voter” and extends it to U.S. citizens abroad who have never resided in one of the fifty states for purposes of establishing a voting residency. This section also assigns to the voter an address in the state to be used as the voter registration address. The section makes no distinction between voters temporarily overseas and voters permanently overseas, although other provisions of an enacting state’s existing law may do so and may limit the elections in which voters permanently overseas can vote. Without such distinctions elsewhere in existing state law, this Act would enable all overseas voters to vote in all elections covered in section 3.

SECTION 6. FORM OF REGISTRATION AND APPLICATION FOR MILITARY-OVERSEAS BALLOT.

(a) For any election to which this [act] applies, an absent uniformed services voter or an overseas voter may use, and the state shall give effect to, a Federal Post Card Application, as prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff(b)(2), or its electronic equivalent, to apply to register to vote and to request a military-overseas ballot simultaneously.

(b) If an absent uniformed services voter or an overseas voter is already registered to vote in this state, the voter may apply for a military-overseas ballot for any election to which this [act] applies using either the regular [absentee ballot] application in use in the voter’s jurisdiction under [cite to state statute on traditional absentee ballots], or the Federal Post Card Application or its electronic equivalent.

(c) [The state’s chief election authority] shall ensure that when a jurisdiction receives a regular [absentee ballot] application appearing to be from an absent uniformed services voter or an overseas voter, the jurisdiction seeks to collect sufficient information, by forwarding to the voter a Federal Post Card Application or otherwise, to confirm whether the applicant is an absent uniformed services voter or an overseas voter, and whether the voter desires to receive a military-overseas ballot electronically. [The state’s chief election authority] shall use reasonable efforts to minimize the information necessary, standardize its collection, and streamline the military-overseas ballot application process.

[(d) Nothing in this [act] precludes a voter from voting under the state’s traditional absentee voting process prescribed in [cite to state statute providing traditional absentee voting].]

Reporter’s Comment

This section is designed to encourage the use of the Federal Post Card Application while yet allowing military and overseas voters to use a state’s pre-existing voter forms, and to permit states to develop alternative forms if they wish. However, the section is not intended to require states or local election jurisdictions to revise their existing forms, or to prepare new forms for voters covered under this Act. Instead, to the extent that a state’s existing forms do not collect sufficient information to properly classify overseas and military voters, this section invites the state to ask voters who use the state forms to also complete the FPCA as a supplement.

SECTION 7. ELECTRONIC TRANSMISSION OF REGISTRATION AND APPLICATION FOR MILITARY-OVERSEAS BALLOT. [The state’s chief election authority] shall establish an electronic transmission method by which an absent uniformed services voter or an overseas voter may submit a Federal Post Card Application, as described in section 6(a), or other registration or military-overseas ballot application to the appropriate election officials. These voters may choose to use either the electronic transmission method, or any other method of registering to vote or applying for a ballot available for their voting jurisdiction.

Reporter’s Comment

The electronic transmission method established under this section should be designed to protect the integrity of the transmission and the privacy of the voter’s personal data contained in the transmission. To a similar end, the recent amendments to UOCAVA include provisions requiring that “to the extent practicable,” electronic transmission methods “shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter is protected” and also shall “protect the security and integrity of the transmission.”

SECTION 8. TIMELINESS AND SCOPE OF APPLICATION FOR MILITARY-OVERSEAS BALLOT. An application for a military-overseas ballot under this [act] is timely if received by [the later of the 15th day before the next election or the last day for other voters in the state to apply for an [absentee ballot] for the next election]. The application is effective for any run-off election necessary to conclude the election for which the application was submitted. An application for a military-overseas ballot for a primary election also is effective as an application for a military-overseas ballot for the ensuing general election.

Reporter’s Comment

Many states accept regular absentee ballot applications up until just a few days before an election, or later. Because military and overseas voters can use electronic transmission methods both to request and to receive blank ballots, this section allows them to take advantage of an application deadline close to the election.

SECTION 9. TRANSMISSION OF UNVOTED BALLOTS.

(a) For all elections to which this [act] applies, no later than 45 days before the election the official charged with preparing and distributing ballots and balloting materials in each jurisdiction shall transmit ballots and balloting materials to all absent uniformed services voters and overseas voters who by that date have submitted a valid military-overseas ballot application.

(b) Absent uniformed services voters or overseas voters who have requested to receive ballots and balloting materials by electronic transmission may choose either facsimile transmission or electronic mail delivery, or Internet delivery if offered by the voter’s jurisdiction. Local election officials, with the assistance, as appropriate, of [the state’s chief election authority], shall transmit ballots and balloting materials to the voter using the electronic means chosen by the voter.

(c) When a ballot application from an absent uniformed services voter or overseas voter arrives after the jurisdiction has begun transmitting ballots and balloting materials to voters, the official charged with distributing ballots and balloting materials shall transmit these materials to the voter within two working days.

SECTION 10. TIMELY CASTING OF BALLOT. For the military-overseas ballot of an absent uniformed services voter or overseas voter to be valid, the voter must have submitted the ballot for mailing[, electronic transmission,] or other authorized means of delivery no later than 12:01 a.m. (measured in the place where the voter completes the ballot) on the date of the election.

Reporter’s Comment

Requiring that the ballot be completed by one minute after midnight local time on Election Day ensures that no voter anywhere in the world will be able to cast a vote with knowledge of the early returns of the jurisdiction whose ballot the voter is voting.

SECTION 11. ACCEPTANCE OF FEDERAL WRITE-IN ABSENTEE BALLOT.

(a) Election officials shall permit absent uniformed services voters and overseas voters to use the Federal Write-In Absentee Ballot, in accordance with the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, to vote for all offices [and ballot measures] in an election to which this [act] applies.

(b) Election officials shall permit absent uniformed services voters and overseas voters to use the Federal Write-In Absentee Ballot transmission envelope’s voter declaration as a request for registration and an application for a military-overseas ballot simultaneous with the submission of the Federal Write-In Absentee Ballot, if the request is [received by the later of the 15^th day before the election or the last day for other voters in the state to apply for an [absentee ballot] for that election].

Reporter’s Comment

Subsection (b) permits the Federal Write-In Absentee Ballot to be used as a voter simultaneous registration and ballot application, as well as a ballot, using the same deadline that section 8 uses for applying for a military-overseas ballot, not a state’s registration deadline. Voters may use the FWAB as a simultaneous voter registration only if they have already attempted to register (and affirming this on the FWAB). Because of the difficulties of registering from abroad, these registration applications occasionally go astray, and as an accommodation this provision permits the FWAB to serve as a back-up registration even after a state’s regular registration deadline. This section still requires that the FWAB arrive by the state deadline for requesting a ballot in order to function as a simultaneous registration and request for a ballot.

SECTION 12. RECEIPT OF VOTED BALLOT.

(a) A valid military-overseas ballot cast by an absent uniformed services voter or an

overseas voter in conformance with section 10 must be counted if it has been delivered to the address that the appropriate state or local election office has specified by the end of business the day prior to the latest deadline for completion of the [local canvass or tabulation that creates the final official results].

(b) If, at the time of completing a military-overseas ballot and balloting materials, the voter has affirmed under penalty of perjury, as provided in Section 13, that the ballot was timely submitted, the ballot may not be rejected on the basis that it has no postmark or a late postmark.

Reporter’s Comment

The bracketed language in subsection (a) is intended to capture the event when local election officials complete or certify their official counting of ballots, by whatever name that event is known in the state. Even those ballots of overseas and military voters that arrive after election day can and must be included in these official results if local election officials have received them by the day before this event, giving election officials that day to process them before making their return or certification.

The Act precludes rejecting a military-overseas ballot for lack of a postmark (or for a late postmark) in light of the fact that many pieces of military mail enter the postal system through delivery to a mail clerk in a remote location without a postmark, and are only postmarked some days later when they reach a more established facility.

SECTION 13. DECLARATION REQUIREMENTS.

(a) Each submitted military-overseas ballot of an absent uniformed services voter or an overseas voter must include or be accompanied by a single declaration for the voter to sign acknowledging that a material misstatement of fact in completing the document may be grounds for a conviction of perjury under the laws of the United States and this state.

(b) The declaration must read substantially as follows:

“I swear or affirm, under penalty of perjury, that:

1. I am a member of the Uniformed Services or an eligible spouse or dependent of such a member, or a U.S. citizen residing outside the U.S., and

2. I am a U.S. citizen, at least 18 years of age (or will be by the day of the election), eligible to vote in the requested jurisdiction, and

3. I have not [been convicted of a felony or other disqualifying offense or] been adjudicated mentally incompetent, or if so, my voting rights have been reinstated, and

4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the U.S., and

5. I have voted and sealed this ballot in private and have not allowed any person to observe the marking of this ballot, except for a person authorized to assist me under state or federal law, and I have not been influenced, and

6. My signature and the date below indicate when I completed this document, and I have voted my ballot before 12:01 a.m. on the date of the election for which it is submitted, and

7. The information on this document is true and complete to the best of my knowledge.

I understand that a material misstatement of fact in completing this document may be grounds for conviction of perjury under the laws of the United States and [state].

Signature____________________________ Date___________________

Printed Name___________________________”

(c) [The state’s chief election authority] shall ensure that an appropriate form for the execution of the declaration specified in subsection (b), including the date of its execution, is a prominent part of each ballot transmission envelope for which this declaration is required.

(d) No notarization is required for the execution of any document under this [act]. No authentication requirement other than the declaration specified in subsection (b), or the declaration on the Federal Post Card Application and Federal Write-In Absentee Ballot, may be required for the execution of any document under this [act].

Reporter’s Comment

[The declaration language closely tracks the language of the Federal Write-In Absentee Ballot declaration. Adding to the Act’s declaration the language “I have voted my ballot before 12:01 a.m. on the date of the election” may be problematic because it is not on the FWAB, and likely could not be on the FWAB because of states that accept FWABs cast on Election Day.]

SECTION 14. CONFIRMATION OF RECEIPT OF APPLICATION AND VOTED BALLOT. [The state’s chief election authority], in coordination with a local election jurisdiction, shall implement an electronic free-access system by which an absent uniformed services voter or overseas voter may determine, either by telephone, electronic mail, or Internet access, whether the voter’s Federal Post Card Application or other registration and military-overseas ballot application has been received and accepted, and whether the voter’s military-overseas ballot has been received and its current status.

SECTION 15. COLLECTION OF VOTERS’ ELECTRONIC MAIL ADDRESSES.

(a) The local election jurisdiction in which an absent uniformed services voter or overseas voter registers to vote must request that the voter provide an individual electronic mail address. An individual electronic mail address provided by an absent uniformed services voter or overseas voter is exempt from disclosure under the public records laws of this state and shall not become part of the publicly available voting registration data file or election management system. Election officials may not release a voter’s electronic mail addresses to any third party, and may use the voter’s electronic mail address provided only for the purpose of communicating with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and confirming the present address of the voter. A request for an individual electronic mail address under this section must clearly describe the sole purpose for which the electronic mail address will be used, and that any other use or disclosure is prohibited.

[(b) An absent uniformed services voter or overseas voter who provides an electronic mail address may request that the voter’s application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held during the 365 days following the date of the application, or through the end of the federal election cycle during which the voter submits the application, whichever is longer[, including for any runoff elections that may occur as a result of the outcome of such elections]. Election officials shall provide a military-overseas ballot to a voter who makes such a request for each election to which this request is applicable.

(c) Subsection (b) does not apply to any election held after a voter has been removed from the rolls of registered voters in this state under any program or method permitted under Section 8 of the National Voter Registration Act of 1993.]

Legislative Note: The bracketed language in subsection (b) pertaining to runoff elections is only for states with runoff elections.

Reporter’s Comment

Subsection (a) facilitates the collection of voter e-mail addresses, but depends on assuring voters that their addresses will not become available for the use of political campaigns and marketers. Subsection (b) then ties a voter’s ability to make a standing request for a military-absentee ballot to the voter’s provision of an e-mail address. This approach is intended to reduce the large quantity of election material that was returned as undeliverable when sent out in hardcopy to an outdated physical address under the UOCAVA provision that permitted voters to make a standing request for absentee ballots for two federal election cycles.

SECTION 16. PUBLICATION OF ELECTION NOTICE.

(a) No later than 100 days before a regularly held election to which this [act] applies, and as soon as practicable in the case of an election not regularly held, the official in each jurisdiction charged with printing and distributing ballots and balloting material shall prepare an election notice for that jurisdiction, to be used in conjunction with the Federal Write-in Absentee Ballot described in Section 11. The election notice must contain a list of all of the federal, state, and local offices [and ballot measures] that as of that date the official expects to be on the ballot in the jurisdiction on the date of the election. The notice also must contain specific instructions for how a voter is to indicate on the Federal Write-in Absentee Ballot the voter’s choice for each office to be filled [and for each ballot measure to be contested].

(b) An absent uniformed services voter or an overseas voter may request a copy of the election notice, which shall be delivered to the voter by facsimile, electronic mail, or regular mail, as the voter requests.

(c) As soon as [ballot styles are certified], and no later than the date when [absentee ballots] are required to be transmitted to absentee voters under [cite to traditional absentee voter authorization], the official charged with preparing the election notice shall update the notice with the certified candidates for each office [and the text of ballot measures], and shall make the updated notice publicly available.

(d) A local election jurisdiction that maintains an Internet site shall use reasonable efforts to make updated versions of its election notices regularly available on its Internet site.

Reporter’s Comment

The bracketed language “[ballot styles are certified]” in the first line of subsection (c) is intended to capture the event by which time the candidates (and issues, when applicable) on the upcoming ballot are finalized. This section ensures that election jurisdictions facilitate voting by making the candidate names readily and quickly available to overseas and military voters.

SECTION 17. NONESSENTIAL REQUIREMENTS. A mistake or omission in the completion of any document under this [act] or a failure to satisfy a nonessential requirement, such as paper or envelope size and weight, that does not prevent identifying or determining the eligibility of an absent uniformed services voter or an overseas voter does not invalidate the document. If the intention of the voter is discernable under this state’s uniform voter intention standards (as required by the Help America Vote Act, 42 U.S.C. § 15481(a)(6)), an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party must be accepted as a valid vote in any write-in ballot authorized by this Act [or in any vote for a write-in candidate on a regular ballot].

[SECTION 18. EXIGENT CIRCUMSTANCES. If an international, national, state, or local emergency or other situation arises that makes substantial compliance with this [act] or the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff et seq., impossible or impracticable, as confirmed by the existence of armed conflict involving United States Armed Forces or the mobilization of those forces, including State National Guard and Reserve component members of this state, or by the occurrence of a natural disaster or the existence of a state of emergency, civil unrest, war, or other exigency in a foreign country, or by an official declaration by the governor that a state of emergency exists, the governor directly, or by delegation to [the state’s chief election authority], may prescribe, by emergency order or rule, a special procedure or requirement as may be necessary to facilitate voting by those absent uniformed services voters or overseas voters directly affected who are eligible to vote in this state. [The state’s chief election authority] shall take reasonable steps to provide absent uniformed services voters and overseas voters with timely notice of any special procedure or requirement prescribed under this section.]

Reporter’s Comment

The starting point for this section was language from the Federal Voting Assistance Program, which has recommended providing states with authority to adjust UOCAVA voting processes in the event of an emergency. As of 2008, eighteen states had provided some form of emergency authority to their chief elections official.

[This section is bracketed to reflect the drafting committee’s current division about whether to include it, to exclude it and instead focus on the possibility of judicial intervention in exigent circumstances, or to include it but only as a bracketed section in the final draft for each state to consider depending on what that state’s existing general emergency powers are.]

SECTION 19. ISSUANCE OF INJUNCTION OR OTHER EQUITABLE RELIEF. On application by any registered voter of this state, by any person alleging to be a registered voter of this state or to be eligible under this [act] to register to vote in this state, or by any election official in the state, the courts of this state may issue an injunction or grant other equitable relief appropriate to enforce this [act].

SECTION 20. SUPERSESSION OF OTHER LAW. A provision of this [act] setting out a date, timeline, or deadline for the submission of a voter registration or military-overseas ballot application, or for the casting, receipt, or counting of a military-overseas ballot, to the extent that it conflicts with other state law, supersedes the other state law.

SECTION 21. APPLICATION AND CONSTRUCTION .

(a) In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(b) This [act] is designed to facilitate, and must be read in harmony with, the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff et seq.

SECTION 22. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This [act] modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

[SECTION 23. EFFECT ON OTHER STATE AND LOCAL LAWS . For purposes of any provision of a state or local tax law or other nonelection law in which the residence or domicile of a person is a factor, the exercise of any right under this [act] may not be used to affect the residence or domicile of the person exercising the right.]

[SECTION 24. REPEALS .

The following are repealed:

(1) ........................................

(2) ........................................

(3) ........................................]

SECTION 25. EFFECTIVE DATE . This [act] takes effect . . . .

[SECTION 24. REPEALS.

[SECTION 24. REPEALS .