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

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

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

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Stable record: federal_law:legal_authorities:record_usc_ce32842a6fe6d904bd68d99c
Source file: Laws/federal/codes/united-states-code/title-52/section-20301-federal-responsibilities--b5e94d460c.md
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Source location: Title 52, Chapter 203, § 20301; chapter-203-registration-and-voting-by-absent-uniformed-services-voters-and-overseas-voters-in-elections-for-federal-office.md

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**(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 affirming that a material misstatement of fact in the completion of such a document may constitute grounds for a conviction for perjury; (8) carry out [section 20304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20304&num=0&edition=prelim) with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office; (9) to the greatest extent practicable, take such actions as may be necessary— (A) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and (B) to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee; (10) carry out [section 20305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20305&num=0&edition=prelim) with respect to Federal Voting Assistance Program Improvements; and (11) working with the Election Assistance Commission and the chief State election official of each State, develop standards— (A) for States to report data on the number of absentee ballots transmitted and received under [section 20302(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20302/c&num=0&edition=prelim) and such other data as the Presidential designee determines appropriate; and (B) for the Presidential designee to store the data reported. **(c) Duties of other Federal officials** (1) **In general** — The head of each Government department, agency, or other entity shall, upon request of the Presidential designee, distribute balloting materials and otherwise cooperate in carrying out this chapter. (2) **Administrator of General Services** — As directed by the Presidential designee, the Administrator of General Services shall furnish official post card forms (prescribed under subsection (b)) and Federal write-in absentee ballots (prescribed under [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim)). **(d) Authorization of appropriations for carrying out Federal Voting Assistance Program Improvements** There are authorized to be appropriated to the Presidential designee such sums as are necessary for purposes of carrying out subsection (b)(10).

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

52 U.S.C. § 20305 — Federal Voting Assistance Program Improvements

**(a) Duties** The Presidential designee shall carry out the following duties: (1) Develop online portals of information to inform absent uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters with respect to elections for Federal office. (2) Establish a program to notify absent uniformed services voters of voter registration information and resources, the availability of the Federal postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network to notify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each election for Federal office. **(b) Clarification regarding other duties and obligations** Nothing in this section shall relieve the Presidential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000.04 (or any successor directive or regulation) that is not inconsistent or contradictory to the provisions of this section. **(c) Authorization of appropriations** There are authorized to be appropriated to the Federal Voting Assistance Program of the Department of Defense (or a successor program) such sums as are necessary for purposes of carrying out this section.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20303

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52 U.S.C. § 20302 — State responsibilities

**(a) In general** Each State shall— (1) permit absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; (2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an absent uniformed services voter or overseas voter, if the application is received by the appropriate State election official not less than 30 days before the election; (3) permit absent uniformed services voters and overseas voters to use Federal write-in absentee ballots (in accordance with [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim)) in general elections for Federal office; (4) use the official post card form (prescribed under [section 20301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim)) for simultaneous voter registration application and absentee ballot application; (5) if the State requires an oath or affirmation to accompany any document under this chapter, use the standard oath prescribed by the Presidential designee under [section 20301(b)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301/b/7&num=0&edition=prelim); (6) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for absent uniformed services voters and overseas voters to request by mail and electronically voter registration applications and absentee ballot applications with respect to general, special, primary,

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

52 U.S.C. § 20310 — Definitions

As used in this chapter, the term— (1) “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; (2) “balloting materials” means official post card forms (prescribed under [section 20301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim)), Federal write-in absentee ballots (prescribed under [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim)), and any State balloting materials that, as determined by the Presidential designee, are essential to the carrying out of this chapter; (3) “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (4) “member of the merchant marine” means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways)— (A) employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United Stat

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42 U.S.C. § 1973ff–6 — Transferred

### Statutory Notes #### Codification Section 1973ff–6 was editorially reclassified as [section 20310 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20310&num=0&edition=prelim), Voting and Elections.

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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

**(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 gener

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42 U.S.C. § 1973ff — Transferred

### Statutory Notes #### Codification Section 1973ff was editorially reclassified as [section 20301 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim), Voting and Elections.

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

18 U.S.C. § 608 — Absent uniformed services voters and overseas voters

**(a)** Whoever knowingly deprives or attempts to deprive any person of a right under the Uniformed and Overseas Citizens Absentee Voting Act shall be fined in accordance with this title or imprisoned not more than five years, or both. **(b)** Whoever knowingly gives false information for the purpose of establishing the eligibility of any person to register or vote under the Uniformed and Overseas Citizens Absentee Voting Act, or pays or offers to pay, or accepts payment for registering or voting under such Act shall be fined in accordance with this title or imprisoned not more than five years, or both.

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18 U.S.C. § 609 — Use of military authority to influence vote of member of Armed Forces

Whoever, being a commissioned, noncommissioned, warrant, or petty officer of an Armed Force, uses military authority to influence the vote of a member of the Armed Forces or to require a member of the Armed Forces to march to a polling place, or attempts to do so, shall be fined in accordance with this title or imprisoned not more than five years, or both. Nothing in this section shall prohibit free discussion of political issues or candidates for public office.

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2 U.S.C. § 8 — Vacancies

**(a) In general** Except as provided in subsection (b), the time for holding elections in any State, District, or Territory for a Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively. **(b) Special rules in extraordinary circumstances** (1) **In general** — In extraordinary circumstances, the executive authority of any State in which a vacancy exists in its representation in the House of Representatives shall issue a writ of election to fill such vacancy by special election. (2) **Timing of special election** — A special election held under this subsection to fill a vacancy shall take place not later than 49 days after the Speaker of the House of Representatives announces that the vacancy exists, unless, during the 75-day period which begins on the date of the announcement of the vacancy— (A) a regularly scheduled general election for the office involved is to be held; or (B) another special election for the office involved is to be held, pursuant to a writ for a special election issued by the chief executive of the State prior to the date of the announcement of the vacancy. (3) **Nominations by parties** — If a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made— (A) by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties of the State that are authorized by State law to nominate candidates for the election; or (B) by any other method the State considers appropriate, including holding primar

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