Note.—The Supreme Court made these changes in the committee’s proposed amendment to Rule 81(c): The phrase, “or within 20 days after the service of summons upon such initial pleading, then filed,” was inserted following the phrase, “within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based”, because in several states suit is commenced by service of summons upon the defendant, notifying him that the plaintiff’s pleading has been filed with the clerk of court. Thus, he may never receive a copy of the initial pleading. The added phrase is intended to give the defendant 20 days after the service of such summons in which to answer in a removed action, or 5 days after the filing of the petition for removal, whichever is longer. In these states, the 20-day period does not begin to run until such pleading is actually filed. The last word of the third sentence was changed from “longer” to “longest” because of the added phrase.

The phrase, “and who has not already waived his right to such trial,” which previously appeared in the fourth sentence of subsection (c) of Rule 81, was deleted in order to afford a party who has waived his right to trial by jury in a state court an opportunity to assert that right upon removal to a federal court.

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.

2011—Subsec. (g). Puspan. L. 111–383 amended Puspan. L. 111–84, § 581(a)(1)(C). See 2009 Amendment note below.

2009—Subsec. (a). Puspan. L. 111–84, § 581(span), substituted “In general” for “In General” in subsec. (a) heading, designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2).

Puspan. 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). Puspan. 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). Puspan. L. 111–84, § 582(span)(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 111–84, § 582(span)(1), redesignated subsec. (f) as (g).

Puspan. L. 111–84, § 581(a)(1)(C), as amended by Puspan. L. 111–383, substituted “the general, special, primary, or runoff election for Federal office” for “the general election” in pars. (1) and (2).

2004—Puspan. 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). Puspan. L. 108–375, § 566(c)(1), substituted “absent uniformed services voters and overseas voters” for “overseas voters”.

Subsec. (span). Puspan. 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). Puspan. L. 108–375, § 566(c)(3), substituted “absent uniformed services voter or overseas voter” for “overseas voter”.

Subsec. (d). Puspan. 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). Puspan. L. 108–375, § 566(c)(5), substituted “absent uniformed services voters and overseas voters” for “overseas voters”.

Puspan. 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 Puspan. L. 111–84 as enacted.

Puspan. L. 111–84, div. A, title V, § 581(a)(2), Oct. 28, 2009, 123 Stat. 2326, provided that:

Amendment by section 582(span) of Puspan. 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 Puspan. L. 111–84, set out as a note under section 20302 of this title.