*

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.

Editorial Notes
References in Text

This Act, referred to in subsec. (b)(2), 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 chapter. For complete classification of this Act to the Code, see Tables.

The Help America Vote Act of 2002, referred to in subsec. (c), is Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, which is classified principally to chapter 209 (§ 20901 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 1973ff–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Pub. L. 111–84, §§ 577(a)(1), 578(a)(1), 579(a)(1), (b), 580(c), and 584(b), added pars. (6) to (11), respectively, to subsec. (a) of this section. In making the addition of par. (9) to subsec. (a), section 579(b)(1) of Pub. L. 111–84 directed the striking out of “and” at the end of par. (7), which could not be executed because the word “and” did not appear at the end.

Amendments

2009—Subsec. (a)(6). Pub. L. 111–84, § 577(a)(1), added par. (6).

Subsec. (a)(7). Pub. L. 111–84, § 578(a)(1), added par. (7).

Subsec. (a)(8). Pub. L. 111–84, § 579(a)(1), added par. (8).

Subsec. (a)(9). Pub. L. 111–84, § 579(b), added par. (9). See Codification note above.

Subsec. (a)(10). Pub. L. 111–84, § 580(c), added par. (10).

Subsec. (a)(11). Pub. L. 111–84, § 584(b), added par. (11).

Subsec. (e). Pub. L. 111–84, § 577(a)(2), added subsec. (e).

Subsec. (f). Pub. L. 111–84, § 578(a)(2), added subsec. (f).

Subsec. (g). Pub. L. 111–84, § 579(a)(2), added subsec. (g).

Subsec. (h). Pub. L. 111–84, § 580(d), added subsec. (h).

Subsec. (i). Pub. L. 111–84, § 582(a), added subsec. (i).

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

2002—Pub. L. 107–252, § 702, designated existing provisions as subsec. (a) and added subsec. (b).

Subsec. (a)(5). Pub. L. 107–252, § 705(b)(2), added par. (5).

Subsec. (c). Pub. L. 107–252, § 703(a), added subsec. (c).

Subsec. (d). Pub. L. 107–252, § 707, added subsec. (d).

2001—Par. (2). Pub. L. 107–107, § 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”.

Par. (4). Pub. L. 107–107, § 1606(a)(1)(B), (C), added par. (4).

Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title V, § 577(b), Oct. 28, 2009, 123 Stat. 2320, provided that:

“The amendments made by this section [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, § 578(b), Oct. 28, 2009, 123 Stat. 2321, provided that:

“The amendments made by this section [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, § 579(c), Oct. 28, 2009, 123 Stat. 2324, provided that:

“The amendments made by this section [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.”

Amendment by section 580(c), (d) of Pub. 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 580(f) of Pub. L. 111–84, set out as a note under section 20301 of this title.

Pub. L. 111–84, div. A, title V, § 582(c), Oct. 28, 2009, 123 Stat. 2327, provided that:

“The amendments made by this section [amending this section and section 20303 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.”

Amendment by section 584(b) of Pub. 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 584(c) of Pub. L. 111–84, set out as a note under section 20301 of this title.

Clarification Regarding Delegation of State Responsibilities to Local Jurisdictions

Pub. L. 111–84, div. A, title V, § 576, Oct. 28, 2009, 123 Stat. 2319, provided that:

“Nothing in the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) may be construed to prohibit a State from delegating its responsibilities in carrying out the requirements of such Act, including any requirements imposed as a result of the provisions of and amendments made by this Act [probably means subtitle H (§§ 575–589) of title V of div. A of Pub. L. 111–84, see Tables for classification], to jurisdictions in the State.”

Development of Standardized Format for Reports

Pub. L. 107–252, title VII, § 703(b), Oct. 29, 2002, 116 Stat. 1724, provided that:

“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 [52 U.S.C. 20302(c)] (as added by subsection (a)), and shall make the format available to the States and units of local government submitting such reports.”