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Sec. 1973ff Federal responsibilities

(a) Presidential designee

The President shall designate the head of an executive department to have primary responsibility for Federal functions under this subchapter.

(b) Duties of Presidential designee

The 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(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 for use by the States as recommended in section 1973ff-3 of this title;

(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; and

(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.

(c) Duties of other Federal officials

(1) In general

The 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 Services

As 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).

(Pub. L. 99-410, title I, Sec. 101, Aug. 28, 1986, 100 Stat. 924; Pub. L. 105-277, div. G, title XXII, Sec. 2219(c), Oct. 21, 1998, 112 Stat. 2681-817; Pub. L. 107-107, div. A, title XVI, Sec. 1606(a)(2), Dec. 28. 2001, 115 Stat. 1279; Pub. L. 107-252, title VII, Sec. 705, Oct. 29, 2002, 116 Stat. 1724-1725; Pub. L. 108-375, div. A, title V, Sec. 566(a), Oct. 28, 2004, 118 Stat. 1919)

REFERENCES IN TEXT

Section 1973ff-3 of this title, referred to in subsec. (b)(4), was amended generally by Pub. L. 107-107, div. A, title XVI, Sec. 1606(b), Dec. 28, 2001, 115 Stat. 1279, and, as so amended, no longer contains provisions relating to designs for absentee ballot mailing envelopes.

AMENDMENTS

2004 - Pub. L. 108-375, Sec. 566(a), struck `overseas voters' and inserted `absent uniformed services voters and overseas voters' in par. (b)(3). 2002 - Pub. L. 107-252, Sec. 705(a), inserted ", and ensure that such officials are aware of the requirements of this Act" at the end of par. (b)(1).
Pub. L. 107-252, Sec. 705(b)(1)(A), struck "and" at the end of par. (b)(5).
Pub. L. 107-252, Sec. 705(b)(1)(B), struck the period and inserted "; and" at the end of par. (b)(6).
Pub. L. 107-252, Sec. 705(b)(1)(C), added par. (b)(7).
Pub. L. 107-252, Sec. 705(c) struck "a general assessment" and inserted "a separate statistical analysis" in par. (b)(6).
2001 - Pub. L. 107-107, Sec. 1606(a)(2), substituted ''as required under section 1973ff-1(4) of this title'' for ''as recommended in section 1973ff-3 of this title'' in par. (b)(2).
1998 - Pub. L. 105-277, Sec. 2219(c), substituted ''of uniformed services voter participation, a general assessment of overseas nonmilitary participation,'' for ''of voter participation'' in par. (b)(6).

EFFECTIVE DATE

Section 204 of Pub. L. 99-410 provided that: "The amendments and repeals made by this Act (see Short Title note below) shall apply with respect to elections taking place after December 31, 1987."

SENSE OF CONGRESS REGARDING THE IMPORTANCE OF VOTING

Pub. L. 107-107, div. A, title XVI, Sec. 1601, Dec. 28, 2001, 115 Stat. 1274, provided that: "(a) Sense of Congress. - It is the sense of Congress that each person who is an administrator of a Federal, State, or local election -
"(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) Uniformed Services Voter Defined. - In this section, the term 'uniformed services voter' means -
"(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 PROJECT

Pub. L. 107-107, div. A, title XVI, Sec. 1604, Dec. 28, 2001, 115 Stat. 1277, as amended by Pub. L. 108-375, div. A, title V, Sec. 567, Oct. 28, 2004, 118 Stat 1811, provided that: "(a) Establishment of Demonstration Project. -
"(1) In general. - Subject to paragraph (2), the Secretary of Defense shall carry out a demonstration project under which absent uniformed services voters are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002 through an electronic voting system. The project shall be carried out with participation of sufficient numbers of absent uniformed services voters so that the results are statistically relevant.
"(2) Authority to delay implementation. - If the Secretary of Defense determines that the implementation of the demonstration project under paragraph (1) with respect to the regularly scheduled general election for Federal office for November 2002 may adversely affect the national security of the United States, the Secretary may delay the implementation of such demonstration project until the first regularly scheduled general election for Federal office which occurs after the Election Assistance Commission notifies the Secretary that the Commission has established electronic absentee voting guidelines and certifies that it will assist the Secretary in carrying out the project. The Secretary shall notify the Committee on Armed Services and the Committee on Rules and Administration of the Senate and the Committee on Armed Services and the Committee on House Administration of the House of Representatives of any decision to delay implementation of the demonstration project. "(b) Coordination With State Election Officials. - The Secretary shall carry out the demonstration project under this section through cooperative agreements with State election officials of States that agree to participate in the project.
"(c) Report to Congress. - Not later than June 1 of the year following the year in which the demonstration project is conducted under this section, the Secretary of Defense shall submit to Congress a report analyzing the demonstration project. The Secretary shall include in the report any recommendations the Secretary considers appropriate for continuing the project on an expanded basis for absent uniformed services voters during the next regularly scheduled general election for Federal office.
"(d) Definitions. - In this section:
"(1) Absent uniformed services voter. - 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)).
"(2) State. - The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa."

GOVERNORS' REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS FOR CHANGES IN STATE LAW MADE UNDER FEDERAL VOTING ASSISTANCE PROGRAM

Pub. L. 107-107, div. A, title XVI, Sec. 1605, Dec. 28, 2001, 115 Stat. 1277, provided that: "(a) Reports. - (1) Whenever a State receives a uniformed services voting assistance legislative recommendation from the Secretary of Defense, acting as the Presidential designee, the chief executive authority of that State shall, not later than 90 days after receipt of that recommendation, provide a report on the status of implementation of that recommendation by that State.
"(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) Period of Applicability. - This section applies with respect to any uniformed services voting assistance legislative recommendation transmitted to a State by the Secretary of Defense, acting as the Presidential designee, during the three-year period beginning on the date of the enactment of this Act (Dec. 28, 2001).
"(c) Definitions. - In this section:
"(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."

REPORTS ON OPERATION OF FEDERAL VOTING ASSISTANCE PROGRAM AND MILITARY POSTAL SYSTEM.

Pub. L. 108-375, div. A, title V, Sec. 568, Oct. 28, 2004, 118 Stat 1811, provided that:
(a) REPORTS ON PROGRAM AND SYSTEM.--(1) Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the actions that the Secretary has taken to ensure that the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) functions effectively to support absentee voting by members of the Armed Forces deployed outside the United States in support of Operation Iraqi Freedom, Operation Enduring Freedom, and all other contingency operations.
(2) Not later than 60 days after the date of the submission of the report required by paragraph (1), the Secretary of Defense shall submit to Congress a report on the actions that the Secretary has taken to ensure that the military postal system functions effectively to support the morale of members referred to in such paragraph and their ability to vote by absentee ballot.
(b) REPORT ON IMPLEMENTATION OF POSTAL SYSTEM IMPROVEMENTS.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report specifying--
(1) the actions taken to implement the recommendations of the Military Postal Service Agency Task Force, dated 28 August 2000; and
(2) in the case of each recommendation not implemented or not fully implemented as of the date of the submission of the report, the reasons for not implementing or not fully implementing the recommendation, as the case may be.

SHORT TITLE

Section 1 of Pub. L. 99-410 provided that: "This Act (enacting this subchapter, sections 608 and 609 of Title 18, Crimes and Criminal Procedure, and section 3406 of Title 39, Postal Service, amending sections 2401, 3627, and 3684 of Title 39, repealing subchapters I-D and I-E of this chapter, and enacting provisions set out as a note under this section) may be cited as the 'Uniformed and Overseas Citizens Absentee Voting Act'."

EX. ORD. NO. 12642. DESIGNATION OF SECRETARY OF DEFENSE AS PRESIDENTIAL DESIGNEE

Ex. 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: Section 1. The Secretary of Defense is hereby designated as the "Presidential designee" under Title I of the Act (42 U.S.C. 1973ff et seq.). Sec. 2. In order to effectuate the purposes of the Act (see Short Title note above), the Secretary of Defense is hereby authorized to delegate any or all of the functions, responsibilities, powers, authority, or discretion devolving upon him in consequence of this Order to any person or persons within the Department of Defense. Ronald Reagan.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff-1, 1973ff-3, 1973ff-6 of this title.

Sec. 1973ff-1 State responsibilities

(a) In general
Each State shall--

(1) permit absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office;

(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an absent uniformed services voter or overseas voter, if the application is received by the appropriate State election official not less than 30 days before the election;

(3) permit absent uniformed services voters and overseas voters to use Federal write-in absentee ballots (in accordance with section 1973ff-2 of this title) in general elections for Federal office.

(4) use the official post card form (prescribed under section 1973ff of this title) for simultaneous voter registration application and absentee ballot application; and

(5) if the State requires an oath or affirmation to accompany any document under this subchapter, use the standard oath prescribed by the Presidential designee under section 1973ff(b)(7) of this title.

(1) In general

Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services voters and overseas voters with respect to elections for Federal office (including procedures relating to the use of the Federal write-in absentee ballot) to all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State.

(2) Recommendation regarding use of office to accept and process materials

Congress recommends that the State office designated under paragraph (1) be responsible for carrying out the State's duties under this Act, including accepting valid voter registration applications, absentee ballot applications, and absentee ballots (including Federal write-in absentee ballots) from all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State.

(c) Report on number of absentee ballots transmitted and received

Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission (established under the Help America Vote Act of 2002) on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public.

(d) Registration notification

With respect to each absent uniformed services voter and each overseas voter who submits a voter registration application or an absentee ballot request, if the State rejects the application or request, the State shall provide the voter with the reasons for the rejection.

(Pub. L. 99-410, title I, Sec. 102, Aug. 28, 1986, 100 Stat. 925; Pub. L. 107-107, div. A, title XVI, Sec. 1606(a)(1), Dec. 28, 2001, 115 Stat. 1278; Pub. L. 107-252, title VII, Sec. 702, 703(a), 705(b)(2), 707, Oct. 29, 2002, 116 Stat. 1723-1725; Pub. L. 108-375, div. A, title V, Sec. 566(b), Oct. 28, 2004, 118 Stat. 1919)

AMENDMENTS

2004 - Pub. L. 108-375, Sec. 566(b), struck `overseas voters' and inserted `absent uniformed services voters and overseas voters' in par. (a)(3).
2002 - Pub. L. 107-252, Sec. 702(1), designated par. (a).
Pub. L. 107-252, Sec. 705(b)(2)(A), struck "and" at the end of par. (a)(3).
Pub. L. 107-252, Sec. 705(b)(2)(B), inserted "; and" at the end of par. (a)(4).
Pub. L. 107-252, Sec. 705(b)(2)(C), added par. (a)(5).
Pub. L. 107-252, Sec. 702(2), added par. (b).
Pub. L. 107-252, Sec. 703(a), added par. (c).
Pub. L. 107-252, Sec. 707, added par. (d).
2001 - Pub. L. 107-107, Sec. 1606(a)(1)(A), struck out ''general, special, primary, or runoff'' before ''election for Federal office'' and ''and'' after semicolon at end and inserted ''and absentee ballot application'' after ''voter registration application'' in par. (a)(2).
Pub. L. 107-107, Sec. 1606(a)(1)(B), (C), added par. (a)(4).

REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER GENERAL ELECTIONS.

Pub. L. 107-252, title VII, Sec. 703(b), Oct. 29, 2002, 116 Stat. 1724, provided that: "(b) Development of Standardized Format for Reports.--The Election Assistance Commission, working with the Election Assistance Commission Board of Advisors and the Election Assistance 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 (as added by subsection (a)), and shall make the format available to the States and units of local government submitting such reports."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff, 1973ff-3 of this title.

Sec. 1973ff-2 Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters

(a) In general

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 elections for Federal office by absent uniformed services voters and overseas voters who make timely application for, and do not receive, States, absentee ballots.

(b) Submission and processing

Except as otherwise provided in this subchapter, 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) Special rules

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) Second ballot submission; instruction to absent uniformed services voter or overseas voter

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) 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 election 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) 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 providing that -

(1) a State absentee ballot is required to be available to any voter described in section 1973ff-6(5)(A) of this title at least 90 days before the general election involved; and

(2) a State absentee ballot is required to be available to any voter described in section 1973ff-6(5)(B) or (C) of this title, as soon as the official list of candidates in the general election is complete.

(Pub. L. 99-410, title I, Sec. 103, Aug. 28, 1986, 100 Stat. 925; Pub. L. 108-375, div. A, title V, Sec. 566(c), (d), Oct. 28, 2004, 118 Stat. 1919.)

AMENDMENTS

2004 - Pub. L. 108-375, Sec. 566(c), struck `overseas voters' and inserted `absent uniformed services voters and overseas voters' in par. (a) and (e)(2).
Pub. L. 108-375, Sec. 566(c), rewrote the second sentence of par. (b).
Pub. L. 108-375, Sec. 566(c), struck `overseas voter' and inserted `absent uniformed services voter or overseas voter' in par. (c)(1) and (d).
Pub. L. 108-375, Sec. 566(d) revised the caption of this section, and the caption of par. (d).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973ff, 1973ff-1, 1973ff-6 of this title.

Sec. 1973ff-3. Use of single application for all subsequent elections

(a) In general

If a State accepts and processes an official post card form (prescribed under section 1973ff of this title) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 1973ff-1(a)(4) of this title) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the State shall provide an absentee ballot to the voter for each such subsequent election.

(b) Exception for voters changing registration

Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State.

(c) Revision of official post card form

The Presidential designee shall revise the official post card form (prescribed under section 1973ff of this title) to enable a voter using the form to--

(1) request an absentee ballot for each election for Federal office held in a State during a year; or

(2) request an absentee ballot for only the next scheduled election for Federal office held in a State.

(d) No effect on voter removal programs

Nothing in this section may be construed to prevent a State from removing any voter from the rolls of registered voters in the State under any program or method permitted under section 1973gg-6 of this title.

(e) Prohibition of refusal of applications on grounds of early submission

A State may not refuse to accept or process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 1973ff of this title) submitted by an absent uniformed services voter during a year on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that year submitted by absentee voters who are not members of the uniformed services.

(Pub. L. 99-410, title I, Sec. 104, Aug. 28, 1986, 100 Stat. 926; Pub. L. 107-107, div. A, title XVI, Sec. 1606(b), Dec. 28, 2001, 115 Stat. 1279; Pub. L. 107-252, title VII, Sec. 704, 706(a), Oct. 29, 2002, 116 Stat. 1724-1725))

AMENDMENTS

2002 - Pub. L. 107-252, Sec. 704, rewrote par. (a).
Pub. L. 107-252, Sec. 706(a), added par. (e).
2001 - Pub. L. 107-107, Sec. 1606(b), amended section catchline and text generally, substituting provisions relating to use of single application for all subsequent elections for provisions relating to recommendations to States to maximize access to polls by absent uniformed services voters and overseas voters.

EFFECTIVE DATE

Pub. L. 107-252, Sec. 706(b), provided that: "The amendment made by subsection (a) shall apply with respect to elections for Federal office that occur after January 1, 2004."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973ff, of this title.

Sec. 1973ff-4 Enforcement

The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this subchapter.

(Pub. L. 99-410, title I, Sec. 105, Aug. 28, 1986, 100 Stat. 927.)

Sec. 1973ff-5 Effect on certain other laws

The exercise of any right under this subchapter 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, Sec. 106, Aug. 28, 1986, 100 Stat. 927.)

Sec. 1973ff-6 Definitions

As used in this subchapter, the term -

(1) "absent uniformed services voter" means -

(A) a member of a uniformed service on active 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 referred to in subparagraph (A) or (B) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote;

(2) "balloting materials" means official post card forms (prescribed under section 1973ff of this title), Federal write-in absentee ballots (prescribed under section 1973ff-2 of this title), and any State balloting materials that, as determined by the Presidential designee, are essential to the carrying out of this subchapter;

(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 uniformed service or an individual employed, enrolled, 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 registry under charter to or control of the United States; or

(B) enrolled with the United States for employment or training for employment, or maintained by the United States for emergency 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 before leaving the United States; or

(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 Commonwealth of Puerto Rico, Guam, the Virgin Islands, 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 Administration; and

(8) "United States", where used in the territorial 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, Sec. 107, Aug. 28, 1986, 100 Stat. 927.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1973ff-2 of this title; title 39 section 3406.

Notes:

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