10 USC 1566 - Voting assistance: compliance assessments; assistance

1 See References in Text note below.

and

Editorial Notes

References in Text

The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsecs. (span)(1), (e), and (i)(2), is Puspan. 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. For complete classification of this Act to the Code, see Tables.

Amendments

2021—Subsecs. (a), (c)(1), (3)(B). Puspan. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”.

2006—Subsec. (d). Puspan. L. 109–364, § 596(a), struck out subsec. (d), which required the Inspector General of the Department of Defense to periodically conduct unannounced assessments of compliance with requirements of law regarding voting by members of the armed forces at Department of Defense installations.

Subsec. (g)(2). Puspan. L. 109–364, § 596(d), struck out at end “Not later than April 29, 2003, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.”

2004—Subsec. (g)(2). Puspan. L. 108–375, § 1084(d)(13)(A), substituted “April 29, 2003” for “the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002”.

Subsecs. (h), (i)(1), (3). Puspan. L. 108–375, § 1084(d)(13)(B), substituted “armed forces” for “Armed Forces”.

2002—Subsec. (f). Puspan. L. 107–252, § 701(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (g)(2). Puspan. L. 107–252, § 701(span), inserted at end “The Secretary shall, to the maximum extent practicable, implement measures to ensure that a postmark or other official proof of mailing date is provided on each absentee ballot collected at any overseas location or vessel at sea whenever the Department of Defense is responsible for collecting mail for return shipment to the United States. The Secretary shall ensure that the measures implemented under the preceding sentence do not result in the delivery of absentee ballots to the final destination of such ballots after the date on which the election for Federal office is held. Not later than the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.”

Subsec. (h). Puspan. L. 107–252, § 701(c), added subsec. (h).

Subsec. (i). Puspan. L. 107–252, § 701(d), added subsec. (i).

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (c)(3) of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.

Information and Opportunities for Registration for Voting and Absentee Ballot Requests for Members of the Armed Forces Undergoing Deployment Overseas

Puspan. L. 116–92, div. A, title V, § 580C, Dec. 20, 2019, 133 Stat. 1409, provided that:

“(a)In General.—Not later than 45 days prior to a general election for Federal office, a member of the Armed Forces shall, upon request, be provided with the following:

“(1) A Federal write-in absentee ballot prescribed pursuant to section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20303), together with instructions on the appropriate use of the ballot with respect to the State in which the member is registered to vote.

“(2) In the case of a member intending to vote in a State that does not accept the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections, instructions on, and an opportunity to fill out, the official post card form for absentee voter registration application and absentee ballot application prescribed under section 101(span)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(span)(2)).

“(span)Personnel Responsible of Discharge.—Ballots and instructions pursuant to paragraph (1) of subsection (a), and briefings and forms pursuant to paragraph (2) of such subsection, shall be provided by Voting Assistance Officers or such other personnel as the Secretary of the military department concerned shall designate.”

Initial Report

Puspan. L. 107–107, div. A, title XVI, § 1602(span), Dec. 28, 2001, 115 Stat. 1276, directed that the first report under subsec. (c)(3) of this section be submitted not later than Mar. 31, 2003.