2012 US Code
Title 42 - The Public Health and Welfare
Chapter 20 - ELECTIVE FRANCHISE (§§ 1971 - 1974e)
Subchapter I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR... (§§ 1973ff - 1973ff-7)
Section 1973ff - Federal responsibilities
Publication Title | United States Code, 2012 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-G - REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE Sec. 1973ff - Federal responsibilities |
Contains | section 1973ff |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 99-410, title I, §101, Aug. 28, 1986, 100 Stat. 924; Pub. L. 105-277, div. G, title XXII, §2219(c), Oct. 21, 1998, 112 Stat. 2681-817; Pub. L. 107-107, div. A, title XVI, §1606(a)(2), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107-252, title VII, §705(a), (b)(1), (c), Oct. 29, 2002, 116 Stat. 1724, 1725; Pub. L. 108-375, div. A, title V, §566(a), Oct. 28, 2004, 118 Stat. 1919; Pub. L. 111-84, div. A, title V, §§580(b), (e), 583(a)(2), 584(a), 585(b)(1), Oct. 28, 2009, 123 Stat. 2325, 2328, 2330, 2331; Pub. L. 111-383, div. A, title X, §1075(d)(4), (5), Jan. 7, 2011, 124 Stat. 4372. |
Statutes at Large References | 100 Stat. 924, 930 112 Stat. 2681-817 115 Stat. 1279, 1274, 1277 116 Stat. 1724 118 Stat. 1919 123 Stat. 2325, 2326, 2328, 2331 124 Stat. 4372 |
Public Law References | Public Law 99-410, Public Law 105-277, Public Law 107-107, Public Law 107-252, Public Law 108-375, Public Law 111-84, Public Law 111-383 |
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The President shall designate the head of an executive department to have primary responsibility for Federal functions under this subchapter.
(b) Duties of Presidential designeeThe Presidential designee shall—
(1) consult State and local election officials in carrying out this subchapter, and ensure that such officials are aware of the requirements of this Act;
(2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the States as required under section 1973ff–1(a)(4) of this title;
(3) carry out section 1973ff–2 of this title with respect to the Federal write-in absentee ballot for absent uniformed services voters and overseas voters in general elections for Federal office;
(4) prescribe a suggested design for absentee ballot mailing envelopes;
(5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions;
(6) not later than the end of each year after a Presidential election year, transmit to the President and the Congress a report on the effectiveness of assistance under this subchapter, including a statistical analysis of uniformed services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of State-Federal cooperation;
(7) prescribe a standard oath for use with any document under this subchapter affirming that a material misstatement of fact in the completion of such a document may constitute grounds for a conviction for perjury;
(8) carry out section 1973ff–2a of this title with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office;
(9) to the greatest extent practicable, take such actions as may be necessary—
(A) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and
(B) to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee;
(10) carry out section 1973ff–2b of this title with respect to Federal Voting Assistance Program Improvements; and
(11) working with the Election Assistance Commission and the chief State election official of each State, develop standards—
(A) for States to report data on the number of absentee ballots transmitted and received under section 1973ff–1(c) of this title and such other data as the Presidential designee determines appropriate; and
(B) for the Presidential designee to store the data reported.
(c) Duties of other Federal officials (1) In generalThe head of each Government department, agency, or other entity shall, upon request of the Presidential designee, distribute balloting materials and otherwise cooperate in carrying out this subchapter.
(2) Administrator of General ServicesAs directed by the Presidential designee, the Administrator of General Services shall furnish official post card forms (prescribed under subsection (b) of this section) and Federal write-in absentee ballots (prescribed under section 1973ff–2 of this title).
(d) Authorization of appropriations for carrying out Federal Voting Assistance Program ImprovementsThere are authorized to be appropriated to the Presidential designee such sums as are necessary for purposes of carrying out subsection (b)(10).
(Pub. L. 99–410, title I, §101, Aug. 28, 1986, 100 Stat. 924; Pub. L. 105–277, div. G, title XXII, §2219(c), Oct. 21, 1998, 112 Stat. 2681–817; Pub. L. 107–107, div. A, title XVI, §1606(a)(2), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107–252, title VII, §705(a), (b)(1), (c), Oct. 29, 2002, 116 Stat. 1724, 1725; Pub. L. 108–375, div. A, title V, §566(a), Oct. 28, 2004, 118 Stat. 1919; Pub. L. 111–84, div. A, title V, §§580(b), (e), 583(a)(2), 584(a), 585(b)(1), Oct. 28, 2009, 123 Stat. 2325, 2328, 2330, 2331; Pub. L. 111–383, div. A, title X, §1075(d)(4), (5), Jan. 7, 2011, 124 Stat. 4372.)
References in TextThis Act, referred to in subsec. (b)(1), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, known as the Uniformed and Overseas Citizens Absentee Voting Act, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 1971 of this title and Tables.
Amendments2011—Subsec. (b)(2), (4), (11). Pub. L. 111–383, §1075(d)(4), (5), amended Pub. L. 111–84, §§584(a), 585(b)(1). See 2009 Amendment notes below.
2009—Subsec. (b)(2). Pub. L. 111–84, §585(b)(1)(A), as added by Pub. L. 111–383, §1075(d)(5), substituted “section 1973ff–1(a)(4)” for “section 1973ff–1(4)”.
Subsec. (b)(4). Pub. L. 111–84, §585(b)(1)(B), as added by Pub. L. 111–383, §1075(d)(5), added par. (4) and struck out former par. (4) which read as follows: “prescribe a suggested design for absentee ballot mailing envelopes for use by the States as recommended in section 1973ff–3 of this title;”.
Subsec. (b)(8). Pub. L. 111–84, §580(b), added par. (8).
Subsec. (b)(9). Pub. L. 111–84, §580(e), added par. (9).
Subsec. (b)(10). Pub. L. 111–84, §583(a)(2)(A), added par. (10).
Subsec. (b)(11). Pub. L. 111–84, §584(a), as amended by Pub. L. 111–383, §1075(d)(4), added par. (11).
Subsec. (d). Pub. L. 111–84, §583(a)(2)(B), added subsec. (d).
2004—Subsec. (b)(3). Pub. L. 108–375 substituted “absent uniformed services voters and overseas voters” for “overseas voters”.
2002—Subsec. (b)(1). Pub. L. 107–252, §705(a), inserted “, and ensure that such officials are aware of the requirements of this Act” before semicolon at end.
Subsec. (b)(6). Pub. L. 107–252, §705(c), substituted “a separate statistical analysis” for “a general assessment”.
Subsec. (b)(7). Pub. L. 107–252, §705(b)(1), added par. (7).
2001—Subsec. (b)(2). Pub. L. 107–107 substituted “as required under section 1973ff–1(4) of this title” for “as recommended in section 1973ff–3 of this title”.
1998—Subsec. (b)(6). Pub. L. 105–277 substituted “of uniformed services voter participation, a general assessment of overseas nonmilitary participation,” for “of voter participation”.
Effective Date of 2011 AmendmentPub. L. 111–383, div. A, title X, §1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(4), (5) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111–84 as enacted.
Effective Date of 2009 AmendmentPub. L. 111–84, div. A, title V, §580(f), Oct. 28, 2009, 123 Stat. 2326, provided that: “The amendments made by this section [enacting section 1973ff–2a of this title and amending this section and section 1973ff–1 of this title] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.”
Pub. L. 111–84, div. A, title V, §583(a)(3), Oct. 28, 2009, 123 Stat. 2328, provided that: “The amendments made by this subsection [enacting section 1973ff–2b of this title and amending this section] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.”
Pub. L. 111–84, div. A, title V, §584(c), Oct. 28, 2009, 123 Stat. 2331, provided that: “The amendments made by this section [amending this section and section 1973ff–1 of this title] shall apply with respect to the regularly scheduled general election for Federal office held in November 2010 and each succeeding election for Federal office.”
Effective DatePub. L. 99–410, title II, §204, Aug. 28, 1986, 100 Stat. 930, provided that: “The amendments and repeals made by this Act [see Short Title of 1986 Amendment note set out under section 1971 of this title] shall apply with respect to elections taking place after December 31, 1987.”
Sense of Congress Regarding the Importance of VotingPub. L. 107–107, div. A, title XVI, §1601, Dec. 28, 2001, 115 Stat. 1274, provided that:
“(a)
“(1) should be aware of the importance of the ability of each uniformed services voter to exercise the right to vote; and
“(2) should perform that person's duties as an election administrator with the intent to ensure that—
“(A) each uniformed services voter receives the utmost consideration and cooperation when voting;
“(B) each valid ballot cast by such a voter is duly counted; and
“(C) all eligible American voters, regardless of race, ethnicity, disability, the language they speak, or the resources of the community in which they live, should have an equal opportunity to cast a vote and to have that vote counted.
“(b)
“(1) a member of a uniformed service (as defined in section 101(a)(5) of title 10, United States Code) in active service;
“(2) a member of the merchant marine (as defined in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6)); and
“(3) a spouse or dependent of a member referred to in paragraph (1) or (2) who is qualified to vote.”
Electronic Voting Demonstration ProjectPub. L. 107–107, div. A, title XVI, §1604, Dec. 28, 2001, 115 Stat. 1277, as amended by Pub. L. 108–375, div. A, title V, §567, Oct. 28, 2004, 118 Stat. 1919, provided that:
“(a)
“(1)
“(2)
“(b)
“(c)
“(d)
“(1)
“(2)
Pub. L. 107–107, div. A, title XVI, §1605, Dec. 28, 2001, 115 Stat. 1277, provided that:
“(a)
“(2) If a legislative recommendation referred to in paragraph (1) has been implemented, in whole or in part, by a State, the report of the chief executive authority of that State under that paragraph with respect to that recommendation shall include a description of the changes made to State law to implement the recommendation. If the recommendation has not been implemented, the report shall include a statement of the status of the recommendation before the State legislature and a statement of any recommendation the chief executive officer has made or intends to make to the legislature with respect to that recommendation.
“(3) Any report under paragraph (1) shall be transmitted to the Secretary of Defense, acting as the Presidential designee. The Secretary shall transmit a copy of the response to each Member of Congress who represents that State.
“(b)
“(c)
“(1) The term ‘uniformed services voting assistance legislative recommendation’ means a recommendation of the Presidential designee for a modification in the laws of a State for the purpose of improving the access to the polls of absent uniformed services voters and overseas voters.
“(2) The term ‘Presidential designee’ means the head of the executive department designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).
“(3) The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.
“(4) The term ‘Member of Congress’ includes a Delegate or Resident Commissioner to the Congress.”
Ex. Ord. No. 12642. Designation of Secretary of Defense as Presidential DesigneeEx. Ord. No. 12642, June 8, 1988, 53 F.R. 21975, provided:
By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (Public Law 99–410) (“the Act”) [42 U.S.C. 1973ff(a)], it is hereby ordered as follows:
Ronald Reagan.
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