42 U.S.C. § 1973ff-2 : US Code - Section 1973FF-2: Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters
Search 42 U.S.C. § 1973ff-2 : US Code - Section 1973FF-2: Federal write-in absentee ballot in general elections for Federal office for absent uniformed services voters and overseas voters
(a) In general
The Presidential designee shall prescribe a Federal write-in
absentee ballot (including a secrecy envelope and mailing envelope
for such ballot) for use in general elections for Federal office by
absent uniformed services voters and overseas voters who make
timely application for, and do not receive, States, absentee
ballots.
(b) Submission and processing
Except as otherwise provided in this subchapter, a Federal write-
in absentee ballot shall be submitted and processed in the manner
provided by law for absentee ballots in the State involved. A
Federal write-in absentee ballot of an absent uniformed services
voter or overseas voter shall not be counted -
(1) in the case of a ballot submitted by an overseas voter who
is not an absent uniformed services voter, if the ballot is
submitted from any location in the United States;
(2) if the application of the absent uniformed services voter
or overseas voter for a State absentee ballot is received by the
appropriate State election official after the later of -
(A) the deadline of the State for receipt of such
application; or
(B) the date that is 30 days before the general election; or
(3) if a State absentee ballot of the absent uniformed services
voter or 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.
(c) Special rules
The following rules shall apply with respect to Federal write-in
absentee ballots:
(1) In completing the ballot, the absent uniformed services
voter or overseas voter may designate a candidate by writing in
the name of the candidate or by writing in the name of a
political party (in which case the ballot shall be counted for
the candidate of that political party).
(2) In the case of the offices of President and Vice President,
a vote for a named candidate or a vote by writing in the name of
a political party shall be counted as a vote for the electors
supporting the candidate involved.
(3) Any abbreviation, misspelling, or other minor variation in
the form of the name of a candidate or a political party shall be
disregarded in determining the validity of the ballot, if the
intention of the voter can be ascertained.
(d) Second ballot submission; instruction to absent uniformed
services voter or overseas voter
An absent uniformed services voter or overseas voter who submits
a Federal write-in absentee ballot and later receives a State
absentee ballot, may submit the State absentee ballot. The
Presidential designee shall assure that the instructions for each
Federal write-in absentee ballot clearly state that an absent
uniformed services voter or overseas voter who submits a Federal
write-in absentee ballot and later receives and submits a State
absentee ballot should make every reasonable effort to inform the
appropriate State election official that the voter has submitted
more than one ballot.
(e) Use of approved State absentee ballot in place of Federal write-
in absentee ballot
The Federal write-in absentee ballot shall not be valid for use
in a general election if the State involved provides a State
absentee ballot that -
(1) at the request of the State, is approved by the
Presidential designee for use in place of the Federal write-in
absentee ballot; and
(2) is made available to absent uniformed services voters and
overseas voters at least 60 days before the deadline for receipt
of the State ballot under State law.
(f) Certain States exempted
A State is not required to permit use of the Federal write-in
absentee ballot, if, on and after August 28, 1986, the State has in
effect a law providing that -
(1) a State absentee ballot is required to be available to any
voter described in section 1973ff-6(5)(A) of this title at least
90 days before the general election involved; and
(2) a State absentee ballot is required to be available to any
voter described in section 1973ff-6(5)(B) or (C) of this title,
as soon as the official list of candidates in the general
election is complete.
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