52 U.S.C. § 20310 — Definitions

Page 39 TITLE 52—VOTING AND ELECTIONS § 20310 (3) A description of the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 20304 of this title, which shall in- clude the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the rea- sons such ballots were not so delivered). (c) Definitions In this section: (1) Absent overseas uniformed services voter The term ‘‘absent overseas uniformed serv- ices voter’’ has the meaning given such term in section 20304(d) of this title. (2) Presidential designee The term ‘‘Presidential designee’’ means the Presidential designee under section 20301(a) of this title. (3) Relevant committees of Congress defined The term ‘‘relevant committees of Con- gress’’ means— (A) the Committees on Appropriations, Armed Services, and Rules and Administra- tion of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. (Pub. L. 99–410, title I, § 105A, as added Pub. L. 111–84, div. A, title V, § 586, Oct. 28, 2009, 123 Stat. 2331; amended Pub. L. 116–283, div. A, title V, § 595, Jan. 1, 2021, 134 Stat. 3666.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(2)(C), 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. CODIFICATION Section was formerly classified to section 1973ff–4a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283, § 595(a), (b)(1), in heading, substituted ‘‘Biennial report’’ for ‘‘Annual re- port’’ and, in introductory provisions, substituted ‘‘September 30 of each odd-numbered year’’ for ‘‘March 31 of each year’’ and ‘‘the following information with respect to the Federal elections held during the pre- ceding calendar year’’ for ‘‘the following information’’. Subsec. (b)(3). Pub. L. 116–283, § 595(b)(2), substituted ‘‘A description’’ for ‘‘In the case of a report submitted under this subsection in the year following a year in which a regularly scheduled general election for Fed- eral office is held, a description’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (b) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces. § 20309. Effect on certain other laws The exercise of any right under this chapter shall not affect, for purposes of any Federal, State, or local tax, the residence or domicile of a person exercising such right. (Pub. L. 99–410, title I, § 106, Aug. 28, 1986, 100 Stat. 927.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ff–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20310. Definitions As used in this chapter, the term— (1) ‘‘absent uniformed services voter’’ means— (A) a member of a uniformed service on ac- tive 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 re- ferred to in subparagraph (A) or (B) who, by reason of the active duty or service of the member, is absent from the place of resi- dence where the spouse or dependent is oth- erwise qualified to vote; (2) ‘‘balloting materials’’ means official post card forms (prescribed under section 20301 of this title), Federal write-in absentee ballots (prescribed under section 20303 of this title), and any State balloting materials that, as de- termined by the Presidential designee, are es- sential 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 uni- formed service or an individual employed, en- rolled, 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 reg- istry under charter to or control of the United States; or (B) enrolled with the United States for em- ployment or training for employment, or maintained by the United States for emer- gency relief service, as an officer or crew member of any such vessel; (5) ‘‘overseas voter’’ means— (A) an absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved; (B) a person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled be- fore leaving the United States; or Page 40 TITLE 52—VOTING AND ELECTIONS § 20311 (C) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States. (6) ‘‘State’’ means a State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, and American Samoa; (7) ‘‘uniformed services’’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Admin- istration; and (8) ‘‘United States’’, where used in the terri- torial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa. (Pub. L. 99–410, title I, § 107, Aug. 28, 1986, 100 Stat. 927.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ff–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 20311. Technology pilot program (a) Definitions In this section: (1) Absent uniformed services voter The term ‘‘absent uniformed services voter’’ has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(1)) [now 52 U.S.C. 20310(1)]. (2) Overseas voter The term ‘‘overseas voter’’ has the meaning given such term in section 107(5) of such Act [52 U.S.C. 20310(5)]. (3) Presidential designee The term ‘‘Presidential designee’’ means the individual designated under section 101(a) of such Act [52 U.S.C. 20301(a)]. (b) Establishment (1) In general The Presidential designee may establish 1 or more pilot programs under which the feasi- bility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) [now 52 U.S.C. 20301 et seq.]. (2) Design and conduct The design and conduct of a pilot program established under this subsection— (A) shall be at the discretion of the Presi- dential designee; and (B) shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military vot- ers in elections for Federal office. (c) Considerations In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues: (1) The transmission of electronic voting material across military networks. (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security tech- niques. (3) The transmission of ballot representa- tions and scanned pictures in a secure manner. (4) Capturing, retaining, and comparing elec- tronic and physical ballot representations. (5) Utilization of voting stations at military bases. (6) Document delivery and upload systems. (7) The functional effectiveness of the appli- cation or adoption of the pilot program to operational environments, taking into ac- count environmental and logistical obstacles and State procedures. (d) Reports The Presidential designee shall submit to Con- gress reports on the progress and outcomes of any pilot program conducted under this sub- section, together with recommendations— (1) for the conduct of additional pilot pro- grams under this section; and (2) for such legislation and administrative action as the Presidential designee determines appropriate. (e) Technical assistance (1) In general The Election Assistance Commission and the National Institute of Standards and Tech- nology shall provide the Presidential designee with best practices or standards in accordance with electronic absentee voting guidelines es- tablished under the first sentence of section 1604(a)(2) of the National Defense Authoriza- tion Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277; 42 U.S.C. 1973ff note [now 52 U.S.C. 20301 note]), as amended by sec- tion 567 of the Ronald W. Reagan National De- fense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1919) to support the pilot program or programs. (2) Report In the case in which the Election Assistance Commission has not established electronic ab- sentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after October 28, 2009, the Election As- sistance Commission shall submit to the rel-