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52 U.S.C. § 20304 — Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters

Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20304 — Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters

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Stable record: federal_law:legal_authorities:record_usc_9a2d59c5b1dbb8b76ec83a2a
Source file: Laws/federal/codes/united-states-code/title-52/section-20304-procedures-for-collection-and-delivery-of-marked-absentee-ballots-of-abs--4f90738358.md
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Source location: Title 52, Chapter 203, § 20304; chapter-203-registration-and-voting-by-absent-uniformed-services-voters-and-overseas-voters-in-elections-for-federal-office.md

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**(a) Establishment of procedures** The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim), and for delivering such marked absentee ballots to the appropriate election officials. **(b) Delivery to appropriate election officials** (1) **In general** — Under the procedures established under this section, the Presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots of absent overseas uniformed services voters for regularly scheduled general elections for Federal office to the appropriate election officials, in accordance with this section, not later than the date by which an absentee ballot must be received in order to be counted in the election. (2) **Cooperation and coordination with the United States Postal Service** — The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, and shall provide expedited mail delivery service for all such marked absentee ballots of absent uniformed services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service. (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 seventh day preceding the date of the regularly scheduled general election for Federal office. (B) *Authority to establish alternative deadline for certain locations* — If the Presidential designee 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 Presidential designee 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 provide timely delivery of the ballot under paragraph (1). (4) **No postage requirement** — In accordance with [section 3406 of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3406&num=0&edition=prelim), such marked absentee ballots and other balloting materials shall be carried free of postage. (5) **Date of mailing** — Such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed. **(c) Outreach for absent overseas uniformed services voters on procedures** The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for Federal office 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 pursuant to this section. **(d) Absent overseas uniformed services voter defined** In this section, the term “absent overseas uniformed services voter” means an overseas voter described in [section 20310(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20310/5/A&num=0&edition=prelim). **(e) Authorization of appropriations** There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1973ff–2a — Transferred

### Statutory Notes #### Codification Section 1973ff–2a was editorially reclassified as [section 20304 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20304&num=0&edition=prelim), Voting and Elections.

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20303 — Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters

**(a) In general** (1) **Federal write-in absentee ballot** — 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,11 So in original. Probably should be “States’ ”. absentee ballots. (2) **Promotion and expansion of use of Federal write-in absentee ballots** (A) *In general* — 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. (B) *Use of technology* — Under such procedures, the Presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may— (i) enter the address of the voter or other information relevant in the appropriate jurisdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that jurisdiction; and (ii) submit the marked Federal write-in absentee ballot by printing the ballot (including complete instructions for submitting the marked Federal write-in absentee ballot to the appropriate State election official and the mailing address of the single State office designated under [section 20302(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20302/b&num=0&edition=prelim)). (C) *Authorization of appropriations* — There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this p

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3406 — Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act

**(a)** Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act (individually or in bulk)— (1) shall be carried expeditiously and free of postage; and (2) may be mailed at a post office established outside the United States under [section 406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section406&num=0&edition=prelim), unless such mailing is prohibited by treaty or other international agreement of the United States. **(b)** As used in this section, the term “balloting materials” has the meaning given that term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act.

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20301 — Federal responsibilities

**(a) Presidential designee** The President shall designate the head of an executive department to have primary responsibility for Federal functions under this chapter. **(b) Duties of Presidential designee** The Presidential designee shall— (1) consult State and local election officials in carrying out this chapter, and ensure that such officials are aware of the requirements of this Act; (2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the States as required under [section 20302(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20302/a/4&num=0&edition=prelim); (3) carry out [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim) with respect to the Federal write-in absentee ballot for absent uniformed services voters and overseas voters in general elections for Federal office; (4) prescribe a suggested design for absentee ballot mailing envelopes; (5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions; (6) not later than the end of each year after a Presidential election year, transmit to the President and the Congress a report on the effectiveness of assistance under this chapter, including a statistical analysis of uniformed services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of State-Federal cooperation; (7) prescribe a standard oath for use with any document under this chapter affir

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20308 — Reporting requirements

**(a) Report on status of implementation and assessment of programs** Not later than 180 days after October 28, 2009, the Presidential designee shall submit to the relevant committees of Congress a report containing the following information: (1) The status of the implementation of the procedures established for the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under [section 20304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20304&num=0&edition=prelim), and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for Federal office held in November 2010. (2) An assessment of the effectiveness of the Voting Assistance Officer Program of the Department of Defense, which shall include the following: (A) A thorough and complete assessment of whether the Program, as configured and implemented as of October 28, 2009, is effectively assisting absent uniformed services voters in exercising their right to vote. (B) An inventory and explanation of any areas of voter assistance in which the Program has failed to accomplish its stated objectives and effectively assist absent uniformed services voters in exercising their right to vote. (C) As necessary, a detailed plan for the implementation of any new program to replace or supplement voter assistance activities required to be performed under this Act. (3) A detailed description of the specific steps taken towards the implementation of voter registration assistance for absent uniformed services voters under [section 1566a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1566a&num=0&edition=prelim). **(b) Biennial report

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20304 — Procedures for collection and delivery of

Page 36 TITLE 52—VOTING AND ELECTIONS § 20304 (2) a State absentee ballot is required to be available to any voter described in section 20310(5)(B) or (C) of this title, as soon as the of- ficial list of candidates in the general, special, primary, or runoff election for Federal office is complete. (Pub. L. 99–410, title I, § 103, Aug. 28, 1986, 100 Stat. 925; Pub. L. 108–375, div. A, title V, § 566(c), (d), Oct. 28, 2004, 118 Stat. 1919; Pub. L. 111–84, div. A, title V, §§ 581(a)(1), (b), 582(b), Oct. 28, 2009, 123 Stat. 2326, 2327; Pub. L. 111–383, div. A, title X, § 1075(d)(3), Jan. 7, 2011, 124 Stat. 4372.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ff–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2011—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 of- fice’’ 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 Fed- eral 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

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