§1566a — Title 10 Armed Forces | U.S. Code

Summary

Military leaders must set up voter help offices on bases or nearby places so service members and their families can get help voting. These offices must give easy-to-understand information and, if asked, hands-on help (including Internet access when possible) for registering to vote, updating registration (including how to change your address using the official postcard form under the Uniformed and Overseas Citizens Absentee Voting Act), and requesting absentee ballots. The Secretary of Defense can let these offices act as official voter registration agencies under the National Voter Registration Act, but they still must do the things above. Help must be offered first to service members who are moving to a new permanent duty station, deploying overseas for at least six months, returning from an overseas deployment of at least six months, or anyone who asks. The help should be given during in-processing or out-processing when appropriate, or whenever requested. The Secretary of Defense had to write rules before the November 2010 federal general election and apply them from that election on. Military leaders must tell people the help exists and how to get it. If a previously designated office is closing, the military secretary must notify the Armed Services Committees with the reason, timing, number of people served, and how help will continue. The law uses three defined terms: “absent uniformed services voter” (see section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act), “Federal office” (see section 107(3) of that Act), and “Presidential designee” (the official named by the President under section 101(a) of that Act).

Title 10, §1566a

Armed Forces — Source: USLM XML via OLRC

(a)Under regulations prescribed by the Secretary of Defense under subsection (f), the Secretaries of the military departments shall designate offices on installations under their jurisdiction, or at such installations as the Secretary of the military department concerned shall determine are best located to provide access to voter assistance services for all covered individuals in a particular location, to provide absent uniformed services voters, particularly those individuals described in subsection (b), and their family members with the following:

(1)Information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff)).11 See References in Text note below.

(2)Information and assistance, if requested, including access to the Internet where practicable, to register to vote in an election for Federal office.

(3)Information and assistance, if requested, including access to the Internet where practicable, to update the individual’s voter registration information, including instructions for absent uniformed services voters to change their address by submitting the official post card form prescribed under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act to the appropriate State election official.

(4)Information and assistance, if requested, to request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.).1

(b)The individuals described in this subsection are absent uniformed services voters who—

(1)are undergoing a permanent change of duty station;

(2)are deploying overseas for at least six months;

(3)are returning from an overseas deployment of at least six months; or

(4)otherwise request assistance related to voter registration.

(c)The regulations prescribed by the Secretary of Defense under subsection (f) shall ensure, to the maximum extent practicable and consistent with military necessity, that the assistance provided under subsection (a) is provided to a covered individual described in subsection (b)—

(1)if described in subsection (b)(1), as part of the administrative in-processing of the covered individual upon arrival at the new duty station of the covered individual;

(2)if described in subsection (b)(2), as part of the administrative out-processing of the covered individual in preparation for deployment from the home duty station of the covered individual;

(3)if described in subsection (b)(3), as part of the administrative in-processing of the covered individual upon return to the home duty station of the covered individual; or

(4)if described in subsection (b)(4), at the time the covered individual requests such assistance.

(d)The Secretary of each military department, or the Presidential designee, shall take appropriate actions to inform absent uniformed services voters of the assistance available under subsection (a), including—

(1)the availability of information and voter registration assistance at offices designated under subsection (a); and

(2)the time, location, and manner in which an absent uniformed services voter may utilize such assistance.

(e)The Secretary of Defense may authorize the Secretaries of the military departments to designate offices on military installations as voter registration agencies under section 7(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–5(a)(2)) 1 for all purposes of such Act. Any office so designated shall discharge the requirements of this section, under the regulations prescribed by the Secretary of Defense under subsection (f).

(f)(1)The Secretary of Defense shall prescribe regulations relating to the administration of the requirements of this section. The regulations shall be prescribed before the regularly scheduled general election for Federal office held in November 2010, and shall be implemented for such general election for Federal office and for each succeeding election for Federal office.

(2)The Secretary of a military department shall provide the Committees on Armed Services of the Senate and the House of Representatives with notice of any decision by the Secretary to close a voter assistance office that was designated on an installation before the date of the enactment of this paragraph. The notice shall include the rational for the closure, the timing of the closure, the number of covered individuals supported by the office, and the plan for providing the assistance available under subsection (a) to covered individuals after the closure of the office.

(g)In this section:

(1)The term “absent uniformed services voter” has the meaning given that term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(1)).1

(2)The term “Federal office” has the meaning given that term in section 107(3) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(3)).1

(3)The term “Presidential designee” means the official designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).1

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Uniformed and Overseas Citizens Absentee Voting Act, referred to in text, is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which was formerly classified principally to subchapter I–G (§ 1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 203 (§ 20301 et seq.) of Title 52. section 101 and 107 of the Act are now classified to section 20301 and 20310, respectively, of Title 52. For complete classification of this Act to the Code, see Tables. The National Voter Registration Act of 1993, referred to in subsec. (e), is Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which was formerly classified principally to subchapter I–H (§ 1973gg et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified principally to chapter 205 (§ 20501 et seq.) of Title 52. section 7 of the Act is now classified to section 20506 of Title 52. For complete classification of this Act to the Code, see Tables.

Amendments

2014—Subsec. (a). Pub. L. 113–291, § 1071(e)(2), which directed substitution of “Under” for “Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under” in introductory provisions, could not be executed because of the prior amendment by Pub. L. 113–291, § 592(a)(1). See below. Pub. L. 113–291, § 592(a), in introductory provisions, substituted “Under” for “Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 and under” and inserted “, or at such installations as the Secretary of the military department concerned shall determine are best located to provide access to voter assistance services for all covered individuals in a particular location,” after “their jurisdiction”. Subsec. (f). Pub. L. 113–291, § 592(b), designated existing provisions as par. (1) and added par. (2). 2011—Subsec. (a)(1). Pub. L. 111–383 inserted closing parenthesis before period at end.

§1566a Voting Assistance: Voter Assistance Offices