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

Page 31 TITLE 52—VOTING AND ELECTIONS § 20302 1 So in original. Probably should be ‘‘in a manner’’. (Pub. L. 116–283, div. A, title X, § 1086, Jan. 1, 2021, 134 Stat. 3877.) Editorial Notes REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Vot- ing Act, referred to in subsec. (a), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of title I of the Uni- formed and Overseas Citizens Absentee Voting Act which comprises this chapter. § 20302. State responsibilities (a) In general Each State shall— (1) permit absent uniformed services voters and overseas voters to use absentee registra- tion procedures and to vote by absentee ballot in general, special, primary, and runoff elec- tions 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 applica- tion is received by the appropriate State elec- tion official not less than 30 days before the election; (3) permit absent uniformed services voters and overseas voters to use Federal write-in ab- sentee ballots (in accordance with section 20303 of this title) in general elections for Fed- eral office; (4) use the official post card form (prescribed under section 20301 of this title) for simulta- neous voter registration application and ab- sentee ballot application; (5) if the State requires an oath or affirma- tion to accompany any document under this chapter, use the standard oath prescribed by the Presidential designee under section 20301(b)(7) of this title; (6) in addition to any other method of reg- istering 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 applica- tions and absentee ballot applications with respect to general, special, primary, and runoff elections for Federal office in accord- ance with subsection (e); (B) for States to send by mail and elec- tronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (C)) voter reg- istration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (e); and (C) by which the absent uniformed services voter or overseas voter can designate wheth- er the voter prefers that such voter registra- tion application or absentee ballot applica- tion be transmitted by mail or electroni- cally; (7) in addition to any other method of trans- mitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to absent uniformed services voters and overseas voters with respect to general, special, pri- mary, and runoff elections for Federal office in accordance with subsection (f); (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter— (A) except as provided in subsection (g), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the elec- tion; and (B) in the case in which the request is re- ceived less than 45 days before an election for Federal office— (i) in accordance with State law; and (ii) if practicable and as determined ap- propriate by the State, in a manner that expedites the transmission of such absen- tee ballot; (9) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner 1 that gives them sufficient time to vote in the run- off election; (10) carry out section 20304(b)(1) of this title with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters; and (11) report data on the number of absentee ballots transmitted and received under sub- section (c) and such other data as the Presi- dential designee determines appropriate in ac- cordance with the standards developed by the Presidential designee under section 20301(b)(11) of this title. (b) Designation of single State office to provide information on registration and absentee ballot procedures for all voters in State (1) In general Each State shall designate a single office which shall be responsible for providing infor- mation regarding voter registration proce- dures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections for Federal office (including procedures relating to the use of the Federal write-in absentee bal- lot) to all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State. (2) Recommendation regarding use of office to accept and process materials Congress recommends that the State office designated under paragraph (1) be responsible for carrying out the State’s duties under this Act, including accepting valid voter registra- tion applications, absentee ballot applications, Page 32 TITLE 52—VOTING AND ELECTIONS § 20302 and absentee ballots (including Federal write- in absentee ballots) from all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State. (c) Report on number of absentee ballots trans- mitted and received Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local govern- ment) submit a report to the Election Assist- ance Commission (established under the Help America Vote Act of 2002 [52 U.S.C. 20901 et seq.]) on the combined number of absentee bal- lots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the gen- eral public. (d) Registration notification With respect to each absent uniformed serv- ices voter and each overseas voter who submits a voter registration application or an absentee ballot request, if the State rejects the applica- tion or request, the State shall provide the voter with the reasons for the rejection. (e) Designation of means of electronic commu- nication for absent uniformed services voters and overseas voters to request and for States to send voter registration applications and absentee ballot applications, and for other purposes related to voting information (1) In general Each State shall, in addition to the designa- tion of a single State office under subsection (b), designate not less than 1 means of elec- tronic communication— (A) for use by absent uniformed services voters and overseas voters who wish to reg- ister to vote or vote in any jurisdiction in the State to request voter registration appli- cations and absentee ballot applications under subsection (a)(6); (B) for use by States to send voter reg- istration applications and absentee ballot applications requested under such sub- section; and (C) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters. (2) Clarification regarding provision of mul- tiple means of electronic communication A State may, in addition to the means of electronic communication so designated, pro- vide multiple means of electronic communica- tion to absent uniformed services voters and overseas voters, including a means of elec- tronic communication for the appropriate ju- risdiction of the State. (3) Inclusion of designated means of electronic communication with informational and in- structional materials that accompany bal- loting materials Each State shall include a means of elec- tronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to absent uniformed services voters and overseas voters. (4) Availability and maintenance of online re- pository of State contact information The Federal Voting Assistance Program of the Department of Defense shall maintain and make available to the public an online reposi- tory of State contact information with respect to elections for Federal office, including the single State office designated under subsection (b) and the means of electronic communica- tion designated under paragraph (1), to be used by absent uniformed services voters and over- seas voters as a resource to send voter reg- istration applications and absentee ballot ap- plications to the appropriate jurisdiction in the State. (5) Transmission if no preference indicated In the case where an absent uniformed serv- ices voter or overseas voter does not designate a preference under subsection (a)(6)(C), the State shall transmit the voter registration ap- plication or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applica- ble State law, by mail. (6) Security and privacy protections (A) Security protections To the extent practicable, States shall en- sure that the procedures established under subsection (a)(6) protect the security and in- tegrity of the voter registration and absen- tee ballot application request processes. (B) Privacy protections To the extent practicable, the procedures established under subsection (a)(6) shall en- sure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter who requests or is sent a voter registration application or absentee ballot application under such sub- section is protected throughout the process of making such request or being sent such application. (f) Transmission of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission des- ignated by the absent uniformed services voter or overseas voter under subparagraph (B)) to absent uniformed services voters and overseas voters for an election for Federal office; and (B) by which the absent uniformed services voter or overseas voter can designate wheth- er the voter prefers that such blank absentee ballot be transmitted by mail or electroni- cally. (2) Transmission if no preference indicated In the case where an absent uniformed serv- ices voter or overseas voter does not designate Page 33 TITLE 52—VOTING AND ELECTIONS § 20302 a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applica- ble State law, or if there is no applicable State law, by mail. (3) Security and privacy protections (A) Security protections To the extent practicable, States shall en- sure that the procedures established under subsection (a)(7) protect the security and in- tegrity of absentee ballots. (B) Privacy protections To the extent practicable, the procedures established under subsection (a)(7) shall en- sure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter to whom a blank absentee ballot is transmitted under such subsection is protected throughout the process of such transmission. (g) Hardship exemption (1) In general If the chief State election official deter- mines that the State is unable to meet the re- quirement under subsection (a)(8)(A) with re- spect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall re- quest that the Presidential designee grant a waiver to the State of the application of such subsection. Such request shall include— (A) a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal of- fice; (B) an explanation of the hardship that in- dicates why the State is unable to transmit absent uniformed services voters and over- seas voters an absentee ballot in accordance with such subsection; (C) the number of days prior to the elec- tion for Federal office that the State re- quires absentee ballots be transmitted to ab- sent uniformed services voters and overseas voters; and (D) a comprehensive plan to ensure that absent uniformed services voters and over- seas voters are able to receive absentee bal- lots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal of- fice, which includes— (i) the steps the State will undertake to ensure that absent uniformed services vot- ers and overseas voters have time to re- ceive, mark, and submit their ballots in time to have those ballots counted in the election; (ii) why the plan provides absent uni- formed services voters and overseas voters sufficient time to vote as a substitute for the requirements under such subsection; and (iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. (2) Approval of waiver request After consulting with the Attorney General, the Presidential designee shall approve a waiv- er request under paragraph (1) if the Presi- dential designee determines each of the fol- lowing requirements are met: (A) The comprehensive plan under sub- paragraph (D) of such paragraph provides ab- sent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal of- fice. (B) One or more of the following issues cre- ates an undue hardship for the State: (i) The State’s primary election date prohibits the State from complying with subsection (a)(8)(A). (ii) The State has suffered a delay in generating ballots due to a legal contest. (iii) The State Constitution prohibits the State from complying with such sub- section. (3) Timing of waiver (A) In general Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Presi- dential designee the written waiver request not later than 90 days before the election for Federal office with respect to which the re- quest is submitted. The Presidential des- ignee shall approve or deny the waiver re- quest not later than 65 days before such elec- tion. (B) Exception If a State requests a waiver under para- graph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Presidential designee the written waiver request as soon as prac- ticable. The Presidential designee shall ap- prove or deny the waiver request not later than 5 business days after the date on which the request is received. (4) Application of waiver A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was sub- mitted. For each subsequent election for Fed- eral office, the Presidential designee shall only approve a waiver if the State has sub- mitted a request under paragraph (1) with re- spect to such election. (h) Tracking marked ballots The chief State election official, in coordina- tion with local election jurisdictions, shall de- velop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the ab- sent uniformed services voter or overseas voter has been received by the appropriate State elec- tion official. (i) Prohibiting refusal to accept applications for failure to meet certain requirements A State shall not refuse to accept and process any otherwise valid voter registration applica- Page 34 TITLE 52—VOTING AND ELECTIONS § 20303 tion or absentee ballot application (including the official post card form prescribed under sec- tion 20301 of this title) or marked absentee bal- lot submitted in any manner by an absent uni- formed services voter or overseas voter solely on the basis of the following: (1) Notarization requirements. (2) Restrictions on paper type, including weight and size. (3) Restrictions on envelope type, including weight and size. (Pub. L. 99–410, title I, § 102, Aug. 28, 1986, 100 Stat. 925; Pub. L. 107–107, div. A, title XVI, § 1606(a)(1), Dec. 28, 2001, 115 Stat. 1278; Pub. L. 107–252, title VII, §§ 702, 703(a), 705(b)(2), 707, Oct. 29, 2002, 116 Stat. 1723–1725; Pub. L. 108–375, div. A, title V, § 566(b), Oct. 28, 2004, 118 Stat. 1919; Pub. L. 111–84, div. A, title V, §§ 577(a), 578(a), 579(a), (b), 580(c), (d), 582(a), 584(b), Oct. 28, 2009, 123 Stat. 2319, 2321–2323, 2325, 2327, 2330.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(2), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, known as the Uni- formed and Overseas Citizens Absentee Voting Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. The Help America Vote Act of 2002, referred to in sub- sec. (c), is Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, which is classified principally to chapter 209 (§ 20901 et seq.) of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ff–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Pub. L. 111–84, §§ 577(a)(1), 578(a)(1), 579(a)(1), (b), 580(c), and 584(b), added pars. (6) to (11), respectively, to subsec. (a) of this section. In making the addition of par. (9) to subsec. (a), section 579(b)(1) of Pub. L. 111–84 directed the striking out of ‘‘and’’ at the end of par. (7), which could not be executed because the word ‘‘and’’ did not appear at the end. AMENDMENTS 2009—Subsec. (a)(6). Pub. L. 111–84, § 577(a)(1), added par. (6). Subsec. (a)(7). Pub. L. 111–84, § 578(a)(1), added par. (7). Subsec. (a)(8). Pub. L. 111–84, § 579(a)(1), added par. (8). Subsec. (a)(9). Pub. L. 111–84, § 579(b), added par. (9). See Codification note above. Subsec. (a)(10). Pub. L. 111–84, § 580(c), added par. (10). Subsec. (a)(11). Pub. L. 111–84, § 584(b), added par. (11). Subsec. (e). Pub. L. 111–84, § 577(a)(2), added subsec. (e). Subsec. (f). Pub. L. 111–84, § 578(a)(2), added subsec. (f). Subsec. (g). Pub. L. 111–84, § 579(a)(2), added subsec. (g). Subsec. (h). Pub. L. 111–84, § 580(d), added subsec. (h). Subsec. (i). Pub. L. 111–84, § 582(a), added subsec. (i). 2004—Subsec. (a)(3). Pub. L. 108–375 substituted ‘‘ab- sent uniformed services voters and overseas voters’’ for ‘‘overseas voters’’. 2002—Pub. L. 107–252, § 702, designated existing provi- sions as subsec. (a) and added subsec. (b). Subsec. (a)(5). Pub. L. 107–252, § 705(b)(2), added par. (5). Subsec. (c). Pub. L. 107–252, § 703(a), added subsec. (c). Subsec. (d). Pub. L. 107–252, § 707, added subsec. (d). 2001—Par. (2). Pub. L. 107–107, § 1606(a)(1)(A), struck out ‘‘general, special, primary, or runoff’’ before ‘‘elec- tion for Federal office’’ and ‘‘and’’ after semicolon at end and inserted ‘‘and absentee ballot application’’ after ‘‘voter registration application’’. Par. (4). Pub. L. 107–107, § 1606(a)(1)(B), (C), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title V, § 577(b), Oct. 28, 2009, 123 Stat. 2320, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each suc- ceeding election for Federal office.’’ Pub. L. 111–84, div. A, title V, § 578(b), Oct. 28, 2009, 123 Stat. 2321, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each suc- ceeding election for Federal office.’’ Pub. L. 111–84, div. A, title V, § 579(c), Oct. 28, 2009, 123 Stat. 2324, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each suc- ceeding election for Federal office.’’ Amendment by section 580(c), (d) of Pub. L. 111–84 ap- plicable with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office, see section 580(f) of Pub. L. 111–84, set out as a note under section 20301 of this title. Pub. L. 111–84, div. A, title V, § 582(c), Oct. 28, 2009, 123 Stat. 2327, provided that: ‘‘The amendments made by this section [amending this section and section 20303 of this title] shall apply with respect to the regularly scheduled general election for Federal office held in No- vember 2010 and each succeeding election for Federal office.’’ Amendment by section 584(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 584(c) of Pub. L. 111–84, set out as a note under section 20301 of this title. CLARIFICATION REGARDING DELEGATION OF STATE RESPONSIBILITIES TO LOCAL JURISDICTIONS Pub. L. 111–84, div. A, title V, § 576, Oct. 28, 2009, 123 Stat. 2319, provided that: ‘‘Nothing in the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) may be construed to prohibit a State from delegating its responsibilities in carrying out the re- quirements of such Act, including any requirements imposed as a result of the provisions of and amend- ments made by this Act [probably means subtitle H (§§ 575–589) of title V of div. A of Pub. L. 111–84, see Ta- bles for classification], to jurisdictions in the State.’’ DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS Pub. L. 107–252, title VII, § 703(b), Oct. 29, 2002, 116 Stat. 1724, provided that: ‘‘The Election Assistance Commission, working with the Election Assistance Commission Board of Advisors and the Election Assist- ance Commission Standards Board, shall develop a standardized format for the reports submitted by States and units of local government under section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20302(c)] (as added by subsection (a)), and shall make the format available to the States and units of local government submitting such re- ports.’’ § 20303. Federal write-in absentee ballot in gen- eral elections for Federal office for absent uniformed services voters and overseas vot- ers (a) In general (1) Federal write-in absentee ballot The Presidential designee shall prescribe a Federal write-in absentee ballot (including a