§20303 — Title 52 Voting and Elections | U.S. Code

Summary

The person the President names must create a Federal write-in absentee ballot (with a secrecy envelope and mailing envelope) for absent uniformed services voters (service members away from home) and overseas voters (U.S. citizens living abroad) who apply on time but do not get a State absentee ballot. By December 31, 2011, that person must also set up rules and use technology so a voter can enter their address, get a list of all Federal candidates in that area, and print a marked write-in ballot with full mailing instructions and the single State office address required by law. Money may be provided as needed to run this system. Federal write-in absentee ballots must be handled like State absentee ballots, but they will not be counted in certain cases: if an overseas voter (who is not an absent uniformed services voter) submits the ballot from inside the United States; if the State gets the voter’s application for a State absentee ballot after the later of the State’s application deadline or the date 30 days before the general election; or if the State receives the voter’s State absentee ballot on time under State law. Voters may write in a candidate’s name or a party name (a party name counts for that party’s candidate). For President and Vice President, a write-in counts for the electors who support that candidate. Minor misspellings or small name differences are ignored if the voter’s intent is clear. If a voter sends a Federal write-in ballot and later gets a State ballot, they may send the State ballot, and the printed instructions must tell them to try to inform the State if they sent more than one ballot. A State can replace the Federal write-in ballot by offering an approved State absentee ballot at least 60 days before the State’s ballot-deadline. A State may not reject a valid Federal write-in ballot just because of notarization rules, paper weight/size, or envelope type. A State does not have to use the Federal write-in ballot if, on or after August 28, 1986, it already requires State absentee ballots to be available to certain groups 90 days before the election and to other groups as soon as the official candidate list is complete.

Title 52, §20303

Voting and Elections — Source: USLM XML via OLRC

(a)(1)The Presidential designee shall prescribe a Federal write-in absentee ballot (including a secrecy envelope and mailing envelope for such ballot) for use in general, special, primary, and runoff elections for Federal office by absent uniformed services voters and overseas voters who make timely application for, and do not receive, States,11 So in original. Probably should be “States’ ”. absentee ballots.

(2)(A)Not later than December 31, 2011, the Presidential designee shall adopt procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office.

(B)Under such procedures, the Presidential designee shall utilize technology to implement a system under which the absent uniformed services voter or overseas voter may—

(i)enter the address of the voter or other information relevant in the appropriate jurisdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that jurisdiction; and

(ii)submit the marked Federal write-in absentee ballot by printing the ballot (including complete instructions for submitting the marked Federal write-in absentee ballot to the appropriate State election official and the mailing address of the single State office designated under section 20302(b) of this title).

(C)There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this paragraph.

(b)Except as otherwise provided in this chapter, a Federal write-in absentee ballot shall be submitted 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 absentee 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 general election; or

(3)if a State absentee ballot of the absent uniformed services voter or 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.

(c)The following rules shall apply with respect to Federal write-in absentee ballots:

(1)In completing the ballot, the absent uniformed 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 political 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 electors 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 disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained.

(d)An absent uniformed services voter or overseas voter who submits a Federal write-in absentee 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 receives 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)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 involved 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)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 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.

(g)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 providing 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 election for Federal office involved; and

(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 official list of candidates in the general, special, primary, or runoff election for Federal office is complete.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973ff–2 of Title 42, The Public Health and Welfare, prior to editorial 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 office” 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 Federal 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 election” 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 overseas 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), substituted “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 included 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 applicable 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.

§20303 Federal Write-in Absentee Ballot in General Elections for Federal Office for Absent Uniformed Services Voters and Overseas Voters

Summary

Title 52, §20303

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata