52 U.S.C. § 20303
The Presidential designee shall prescribe a Federal write-in absentee ballot (including a secrecy envelope and mailing envelope for such ballot) for use in general, special, primary, and runoff elections for Federal office by absent uniformed services voters and overseas voters who make timely application for, and do not receive, States,1 absentee ballots.
Not later than December 31, 2011, the Presidential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office.
Under such procedures, the Presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may-
There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this paragraph.
Except as otherwise provided in this chapter, a Federal write-in absentee ballot shall be submitted and processed in the manner provided by law for absentee ballots in the State involved. A Federal write-in absentee ballot of an absent uniformed services voter or overseas voter shall not be counted-
The following rules shall apply with respect to Federal write-in absentee ballots:
An absent uniformed services voter or overseas voter who submits a Federal write-in absentee ballot and later receives a State absentee ballot, may submit the State absentee ballot. The Presidential designee shall assure that the instructions for each Federal write-in absentee ballot clearly state that an absent uniformed services voter or overseas voter who submits a Federal write-in absentee ballot and later receives and submits a State absentee ballot should make every reasonable effort to inform the appropriate State election official that the voter has submitted more than one ballot.
The Federal write-in absentee ballot shall not be valid for use in a general, special, primary, or runoff election for Federal office if the State involved provides a State absentee ballot that-
A State shall not refuse to accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter solely on the basis of the following:
A State is not required to permit use of the Federal write-in absentee ballot, if, on and after August 28, 1986, the State has in effect a law providing that-
1 So in original. Probably should be "States' ".
52 U.S.C. § 20303
EDITORIAL NOTES
CODIFICATIONSection was formerly classified to section 1973ff-2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
AMENDMENTS2011-Subsec. (g). Pub. L. 111-383 amended Pub. L. 111-84, §581(a)(1)(C). See 2009 Amendment note below.2009-Subsec. (a). Pub. L. 111-84, §581(b), substituted "In general" for "In General" in subsec. (a) heading, designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2). Pub. L. 111-84, §581(a)(1)(A), substituted "general, special, primary, and runoff elections for Federal office" for "general elections for Federal office".Subsec. (e). Pub. L. 111-84, §581(a)(1)(B), substituted "a general, special, primary, or runoff election for Federal office" for "a general election" in introductory provisions. Subsec. (f). Pub. L. 111-84, §582(b)(2), added subsec. (f). Former subsec. (f) redesignated (g).Subsec. (g). Pub. L. 111-84, §582(b)(1), redesignated subsec. (f) as (g). Pub. L. 111-84, §581(a)(1)(C), as amended by Pub. L. 111-383 substituted "the general, special, primary, or runoff election for Federal office" for "the general election" in pars. (1) and (2).2004- Pub. L. 108-375, §566(d)(1), substituted "Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters" for "Federal write-in absentee ballot for overseas voters in general elections for Federal office" in section catchline.Subsec. (a). Pub. L. 108-375, §566(c)(1), substituted "absent uniformed services voters and overseas voters" for "overseas voters".Subsec. (b). Pub. L. 108-375, §566(c)(2), inserted second sentence and struck out former second sentence which read as follows: "A Federal write-in absentee ballot of an overseas voter shall not be counted-"(1) if the ballot is submitted from any location in the United States;"(2) if the application of the overseas voter for a State absentee ballot is received by the appropriate State election official less than 30 days before the general election; or "(3) if a State absentee ballot of the overseas voter is received by the appropriate State election official not later than the deadline for receipt of the State absentee ballot under State law."Subsec. (c)(1). Pub. L. 108-375, §566(c)(3), substituted "absent uniformed services voter or overseas voter" for "overseas voter".Subsec. (d). Pub. L. 108-375, §566(c)(4), (d) (2), substituted "absent uniformed services voter or overseas voter" for "overseas voter" in heading and two places in text.Subsec. (e)(2). Pub. L. 108-375, §566(c)(5), substituted "absent uniformed services voters and overseas voters" for "overseas voters".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111-383, div. A, title X, §1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(3) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111-84 as enacted.
EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-84, div. A, title V, §581(a)(2), Oct. 28, 2009, 123 Stat. 2326, provided that: "The amendments made by this subsection [amending this section] shall take effect on December 31, 2010, and apply with respect to elections for Federal office held on or after such date."Amendment by section 582(b) of Pub. L. 111-84 applicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 582(c) of Pub. L. 111-84 set out as a note under section 20302 of this title.
- Federal office
- "Federal office" means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;
- State
- "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa;
- absent uniformed services voter
- "absent uniformed services voter" means- (A) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;(B) a member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and(C) a spouse or dependent of a member referred to in subparagraph (A) or (B) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote;
- overseas voter
- "overseas voter" means-(A) an absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;(B) a person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or(C) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.
- uniformed services
- "uniformed services" means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration; and