52 U.S.C. § 20303 — Federal write-in absentee ballot in gen-

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 Page 35 TITLE 52—VOTING AND ELECTIONS § 20303 1 So in original. Probably should be ‘‘States’ ’’. secrecy envelope and mailing envelope for such ballot) for use in general, special, pri- mary, and runoff elections for Federal office by absent uniformed services voters and over- seas voters who make timely application for, and do not receive, States,1 absentee ballots. (2) Promotion and expansion of use of Federal write-in absentee ballots (A) In general Not later than December 31, 2011, the Pres- idential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up meas- ure to vote in elections for Federal office. (B) Use of technology Under such procedures, the Presidential designee shall utilize technology to imple- ment a system under which the absent uni- formed services voter or overseas voter may— (i) enter the address of the voter or other information relevant in the appropriate ju- risdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that jurisdic- tion; and (ii) submit the marked Federal write-in absentee ballot by printing the ballot (in- cluding complete instructions for submit- ting the marked Federal write-in absentee ballot to the appropriate State election of- ficial and the mailing address of the single State office designated under section 20302(b) of this title). (C) Authorization of appropriations There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this paragraph. (b) Submission and processing Except as otherwise provided in this chapter, a Federal write-in absentee ballot shall be sub- mitted 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— (1) in the case of a ballot submitted by an overseas voter who is not an absent uniformed services voter, if the ballot is submitted from any location in the United States; (2) if the application of the absent uniformed services voter or overseas voter for a State ab- sentee ballot is received by the appropriate State election official after the later of— (A) the deadline of the State for receipt of such application; or (B) the date that is 30 days before the gen- eral election; or (3) if a State absentee ballot of the absent uniformed services voter or overseas voter is received by the appropriate State election of- ficial not later than the deadline for receipt of the State absentee ballot under State law. (c) Special rules The following rules shall apply with respect to Federal write-in absentee ballots: (1) In completing the ballot, the absent uni- formed services voter or overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party (in which case the ballot shall be counted for the candidate of that po- litical party). (2) In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the elec- tors supporting the candidate involved. (3) Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be dis- regarded in determining the validity of the ballot, if the intention of the voter can be ascertained. (d) Second ballot submission; instruction to ab- sent uniformed services voter or overseas voter An absent uniformed services voter or over- seas voter who submits a Federal write-in absen- tee 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 re- ceives 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. (e) Use of approved State absentee ballot in place of Federal write-in absentee 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 in- volved provides a State absentee ballot that— (1) at the request of the State, is approved by the Presidential designee for use in place of the Federal write-in absentee ballot; and (2) is made available to absent uniformed services voters and overseas voters at least 60 days before the deadline for receipt of the State ballot under State law. (f) Prohibiting refusal to accept ballot for failure to meet certain requirements 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 sole- ly 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. (g) Certain States exempted 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 pro- viding that— (1) a State absentee ballot is required to be available to any voter described in section 20310(5)(A) of this title at least 90 days before the general, special, primary, or runoff elec- tion for Federal office involved; and 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