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 runoff election for Federal office’’ for ‘‘the general elec- tion’’ 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 over- seas 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), sub- stituted ‘‘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 in- cluded 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 appli- cable 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. § 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 pro- cedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Fed- eral office, including absentee ballots prepared by States and the Federal write-in absentee bal- lot prescribed under section 20303 of this title, 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 imple- ment procedures that facilitate the delivery of marked absentee ballots of absent overseas uniformed services voters for regularly sched- uled 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 para- graph (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 elec- tion for Federal office. (B) Authority to establish alternative dead- line for certain locations If the Presidential designee determines that the deadline described in subparagraph Page 37 TITLE 52—VOTING AND ELECTIONS § 20306 (A) is not sufficient to ensure timely deliv- ery of the ballot under paragraph (1) with re- spect to a particular location because of re- moteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date oc- curring prior to the deadline described in subparagraph (A) which is sufficient to pro- vide timely delivery of the ballot under paragraph (1). (4) No postage requirement In accordance with section 3406 of title 39, such marked absentee ballots and other bal- loting materials shall be carried free of post- age. (5) Date of mailing Such marked absentee ballots shall be post- marked with a record of the date on which the ballot is mailed. (c) Outreach for absent overseas uniformed serv- ices voters on procedures The Presidential designee shall take appro- priate actions to inform individuals who are an- ticipated to be absent overseas uniformed serv- ices voters in a regularly scheduled general elec- tion for Federal office to which this section ap- plies of the procedures for the collection and de- livery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such proce- dures for the submittal of marked absentee bal- lots pursuant to this section. (d) Absent overseas uniformed services voter de- fined In this section, the term ‘‘absent overseas uni- formed services voter’’ means an overseas voter described in section 20310(5)(A) of this title. (e) Authorization of appropriations There are authorized to be appropriated to the Presidential designee such sums as may be nec- essary to carry out this section. (Pub. L. 99–410, title I, § 103A, as added Pub. L. 111–84, div. A, title V, § 580(a), Oct. 28, 2009, 123 Stat. 2324.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ff–2a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to the regularly scheduled general election for Federal office held in No- vember 2010 and each succeeding election for Federal office, see section 580(f) of Pub. L. 111–84, set out as an Effective Date of 2009 Amendment note under section 20301 of this title. § 20305. Federal Voting Assistance Program Im- provements (a) Duties The Presidential designee shall carry out the following duties: (1) Develop online portals of information to inform absent uniformed services voters re- garding voter registration procedures and ab- sentee ballot procedures to be used by such voters with respect to elections for Federal of- fice. (2) Establish a program to notify absent uni- formed services voters of voter registration in- formation 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 no- tify absent uniformed services voters of the foregoing 90, 60, and 30 days prior to each elec- tion for Federal office. (b) Clarification regarding other duties and obli- gations Nothing in this section shall relieve the Presi- dential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Depart- ment of Defense Directive 1000.04 (or any suc- cessor directive or regulation) that is not incon- sistent 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 De- partment of Defense (or a successor program) such sums as are necessary for purposes of car- rying out this section. (Pub. L. 99–410, title I, § 103B, as added Pub. L. 111–84, div. A, title V, § 583(a)(1), Oct. 28, 2009, 123 Stat. 2327.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ff–2b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to the regularly scheduled general election for Federal office held in No- vember 2010 and each succeeding election for Federal office, see section 583(a)(3) of Pub. L. 111–84, set out as an Effective Date of 2009 Amendment note under sec- tion 20301 of this title. § 20306. Prohibition of refusal of applications on grounds of early submission A State may not refuse to accept or process, with respect to any election for Federal office, any otherwise valid voter registration applica- tion or absentee ballot application (including the postcard form prescribed under section 20301 of this title) submitted by an absent uniformed services voter during a year on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that year sub- mitted by absentee voters who are not members of the uniformed services. (Pub. L. 99–410, title I, § 104, Aug. 28, 1986, 100 Stat. 926; Pub. L. 107–107, div. A, title XVI, § 1606(b), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107–252, title VII, §§ 704, 706(a), Oct. 29, 2002, 116