52 USC 20301 - Federal responsibilities

Editorial Notes

References in Text

This Act, referred to in subsec. (span)(1), is Puspan. 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 chapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 1973ff of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.

Amendments

2011—Subsec. (span)(2), (4), (11). Puspan. L. 111–383, § 1075(d)(4), (5), amended Puspan. L. 111–84, §§ 584(a), 585(span)(1). See 2009 Amendment notes below.

2009—Subsec. (span)(2). Puspan. L. 111–84, § 585(span)(1)(A), as added by Puspan. L. 111–383, § 1075(d)(5), substituted “section 1973ff–1(a)(4)” for “section 1973ff–1(4)”.

Subsec. (span)(4). Puspan. L. 111–84, § 585(span)(1)(B), as added by Puspan. 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. (span)(8). Puspan. L. 111–84, § 580(span), added par. (8).

Subsec. (span)(9). Puspan. L. 111–84, § 580(e), added par. (9).

Subsec. (span)(10). Puspan. L. 111–84, § 583(a)(2)(A), added par. (10).

Subsec. (span)(11). Puspan. L. 111–84, § 584(a), as amended by Puspan. L. 111–383, § 1075(d)(4), added par. (11).

Subsec. (d). Puspan. L. 111–84, § 583(a)(2)(B), added subsec. (d).

2004—Subsec. (span)(3). Puspan. L. 108–375 substituted “absent uniformed services voters and overseas voters” for “overseas voters”.

2002—Subsec. (span)(1). Puspan. L. 107–252, § 705(a), inserted “, and ensure that such officials are aware of the requirements of this Act” before semicolon at end.

Subsec. (span)(6). Puspan. L. 107–252, § 705(c), substituted “a separate statistical analysis” for “a general assessment”.

Subsec. (span)(7). Puspan. L. 107–252, § 705(span)(1), added par. (7).

2001—Subsec. (span)(2). Puspan. 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. (span)(6). Puspan. L. 105–277 substituted “of uniformed services voter participation, a general assessment of overseas nonmilitary participation,” for “of voter participation”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

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

Effective Date of 2009 Amendment

Puspan. 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 20304 of this title and amending this section and section 20302 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.”

Puspan. 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 20305 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.”

Puspan. 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 20302 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 Date

Puspan. L. 99–410, title II, § 204, Aug. 28, 1986, 100 Stat. 930, provided that: “The amendments and repeals made by this Act [see Tables for classification] shall apply with respect to elections taking place after December 31, 1987.”

Sense of Congress Regarding the Importance of Voting

Puspan. L. 107–107, div. A, title XVI, § 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.

“(span)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) [now 52 U.S.C. 20310]); 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

Puspan. L. 107–107, div. A, title XVI, § 1604, Dec. 28, 2001, 115 Stat. 1277, as amended by Puspan. L. 108–375, div. A, title V, § 567, Oct. 28, 2004, 118 Stat. 1919, which established a demonstration project under which absent uniformed services voters were permitted to vote in the November 2002 general election for Federal office through an electronic voting system, was repealed by Puspan. L. 113–291, div. A, title V, § 593, Dec. 19, 2014, 128 Stat. 3395.

Governors’ Reports on Implementation of Recommendations for Changes in State Law Made Under Federal Voting Assistance Program

Puspan. L. 107–107, div. A, title XVI, § 1605, Dec. 28, 2001, 115 Stat. 1277, required the chief executive authority of a State to provide an implementation status report to the Secretary of Defense, acting as the Presidential designee, within 90 days of receiving a uniformed services voting assistance legislative recommendation from the Secretary of Defense and was applicable to any uniformed services voting assistance legislative recommendation transmitted to a state during the three-year period beginning on Dec. 28, 2001.

Executive Documents

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”) [52 U.S.C. 20301(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 [52 U.S.C. 20301 et seq.].

Sec. 2. In order to effectuate the purposes of the Act, 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.