Pub. L. 111-84, div. A, tit. V, subtit. H, sec. 580

PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.

EnactedYear: 2009Length: 939 wordsOfficial source
SEC. 580. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.(a) In General.—The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section:“SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS.“(a) Establishment of Procedures.—The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and the Federal write-in absentee ballot prescribed under section 103, and for delivering such marked absentee ballots to the appropriate election officials.“(b) Delivery to Appropriate Election Officials.—“(1) In general.—Under the procedures established under this section, the Presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots of absent overseas uniformed services voters for regularly scheduled general elections for Federal office to the appropriate election officials, in accordance with this section, not later than the date by which an absentee ballot must be received in order to be counted in the election.“(2) Cooperation and coordination with the united states postal service.—The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, and shall provide expedited mail delivery service for all such marked absentee ballots of absent uniformed services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service.“(3) Deadline described.—“(A) In general.—Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the seventh day preceding the date of the regularly scheduled general election for Federal office.“(B) Authority to establish alternative deadline for certain locations.—If the Presidential designee determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to provide timely delivery of the ballot under paragraph (1).“(4) No postage requirement.—In accordance with section 3406 of title 39, United States Code, such marked absentee 123 STAT. 2325 ballots and other balloting materials shall be carried free of postage.“(5) Date of mailing.—Such marked absentee ballots shall be postmarked with a record of the date on which the ballot is mailed.“(c) Outreach for Absent Overseas Uniformed Services Voters on Procedures.—The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in a regularly scheduled general election for Federal office to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots pursuant to this section.“(d) Absent Overseas Uniformed Services Voter Defined.—In this section, the term ‘absent overseas uniformed services voter’ means an overseas voter described in section 107(5)(A).“(e) Authorization of Appropriations.—There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section.” .(b) Conforming Amendment.—Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended—(1) by striking “and” at the end of paragraph (6);(2) by striking the period at the end of paragraph (7) and inserting “; and”; and(3) by adding at the end the following new paragraph:“(8) carry out section 103A with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office.”.(c) State Responsibilities.—Section 102(a) of such Act (42 U.S.C. 1973ff–1(a)), as amended by sections 577, 578, and 579, is amended—(1) in paragraph (8), by striking “and” at the end;(2) in paragraph (9), by striking the period at the end and inserting “; and”; and(3) by adding the following new paragraph:“(10) carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.”.(d) Tracking Marked Ballots.—Section 102 of such Act (42 U.S.C. 1973ff–1(a)) is amended by adding at the end the following new subsection:“(h) Tracking Marked Ballots.—The chief State election official, in coordination with local election jurisdictions, shall develop a free access system by which an absent uniformed services voter or overseas voter may determine whether the absentee ballot of the absent uniformed services voter or overseas voter has been received by the appropriate State election official.”.(e) Protecting Voter Privacy and Secrecy of Absentee Ballots.—Section 101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection (b), is amended—(1) by striking “and” at the end of paragraph (7);(2) by striking the period at the end of paragraph (8) and inserting “; and”; and(3) by adding at the end the following new paragraph:123 STAT. 2326 “(9) to the greatest extent practicable, take such actions as may be necessary—“(A) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and“(B) to protect the privacy of the contents of absentee ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or control of the Presidential designee.”.(f) Effective Date.—The amendments made by 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, tit. V, subtit. H, sec. 580: PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. | Justis AI