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Volume 69 · 584

Public Law 84–296

Making recommendations to the States for the enactment of legislation to permit and assist Federal personnel, including members of the Armed Forces, and their families, to exercise their voting franchise, and for other purposes.

Approved August 9, 1955

Statutory text

AN ACT

Making recommendations to the States for the enactment of legislation to permit and assist Federal personnel, including members of the Armed Forces, and their families, to exercise their voting franchise, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That this Act may be cited as “The Federal Voting Assistance Act of 1955”.

TITLE I recommendations of the congress to the several states

Sec. 101.

The Congress hereby expresses itself as favoring, and

Absentee ballot.

recommends that the several States take, immediate legislative or administrative action to enable every person in any of the following categories who is absent from the place of his voting residence to vote by absentee ballot in any primary, special, or general election held in his election district or precinct, if he is otherwise eligible to vote in that election:

(1)

Members of the Armed Forces while in the active service, and their spouses and dependents.

(2)

Members of the merchant marine of the United States, and their spouses and dependents.

(3)

Civilian employees of the United States in all categories serving outside the territorial limits of the several States of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them, whether or not the employee is subject to the civil-service laws and the Classification Act

63 Stat. 954.

5 USC 1071 note.

of 1949, and whether or not paid from funds appropriated by the Congress.

(4)

Members of religious groups or welfare agencies assisting members of the Armed Forces, who are officially attached to and serving with the Armed Forces, and their spouses and dependents.

Sec. 102.

To afford ample opportunity for persons covered by section

Procedures.

101 of this Act to vote for Federal, State, and local officials and to use the absentee balloting procedures to the greatest extent possible, it is recommended that each of the several States—

(1)

accept as applications for absentee ballots under such States. absentee balloting laws, as applications for registration under such States’ election laws, and as sources of information to implement State absentee balloting laws, the form of post card (when duly executed by a person covered by section 101 of this Act) provided pursuant to this Act;

(2)

waive registration of persons covered by section 101 of this Act, who, by reason of their service, have been deprived of an opportunity to register;

(3)

accept, the post card application provided pursuant to this Act. as a simultaneous application for registration and for ballot;

(4)

if a special application is required for registration by mail, provide that the necessary forms will be sent with the absentee ballot and may be returned with it;

(5)

make provision for persons eligible to register and qualified to vote, who have been honorably discharged from the Armed Forces, or have terminated their service or employment, too late to register at the time when, and at the place where, registration is required, to vote at the election next ensuing after such discharge or termination.

(6)

authorize and instruct the State or local election officials, upon receipt of the post card application provided pursuant to this Act, to mail immediately to the applicant a ballot, instructions for voting and returning the ballot, and a self-addressed envelope;

(7)

provide that there be printed across the face of each envelope in which a ballot is sent two parallel horizontal red bars, each one-quarter inch wide, extending from one side of the envelope to the other side, with an intervening space of one-quarter inch, the top bar to be one and one-quarter inches from the top of the envelope, and with the words “Official Election Balloting Material—via Air Mail”, or similar language, between the bars: that there be printed in the upper right corner of each such envelope, in a box, the words “Free of U. S. Postage, Including Air Mail”; that all printing on the face of each such envelope be in red; and that there be printed in red in the upper left corner of each State ballot envelope an appropriate inscription or blanks for return address of sender;

(8)

provide that the gummed flap of the State envelope supplied for the return of the ballot be separated by a wax paper or other appropriate protective insert from the remaining balloting material and that there be included in,State voting instructions a procedure to be followed by absentee voters, such as notation of the facts on the back of the envelope duly signed by the voter and witnessing officer, in instances of adhesion of the balloting material;

(9)

reduce in size and weight of paper, as much as possible, envelopes, ballots, and instructions for voting procedure;

(10)

for the purposes of this Act, authorized oaths required by State law to be administered and attested by any commissioned officer in the active service of the Armed Forces, or any member of the merchant marine of the United States designated for this purpose by the Secretary of Commerce, or any civilian official empowered by State or Federal law to administer oaths;

(11)

include in State voting instructions express information concerning the type or types of writing instruments which may be used to mark the absentee ballot, preferably pen or indelible pencil; and

(12)

provide that absentee ballots will be available for mailing to the applicant as soon as practicable before the last date on which such ballot will he counted.

Sec. 103.

It is recommended that each of the several States make

Statistical data.

available to the officer designated by the President under section 201 of this Act appropriate statistical data to assist him in compiling comprehensive information of operations under this Act.

TITLE II federal responsibilities

Sec. 201.

The President is hereby authorized to designate, with

Presidential designee.

provision for redelegation, the head (hereinafter referred to as the Presidential designee) of any executive department or agency to coordinate and facilitate such actions as may be required to discharge Federal responsibilities under this Act. The Presidential designee is authorized to request from other executive departments and agencies such assistance as he deems necessary to effectuate the purposes of this Act, and shall submit a report to the President and to the Congress

Report.

in odd-numbered years. Such report shall cover the administration of Federal responsibilities authorized under this title, the progress of the States in carrying out the recommendations contained in title I, sta- tistical data relating to absentee voting, and such other information as the Presidential designee may consider appropriate.

Sec. 202.

The Presidential designee shall request, annually or more

Current information for States.

often when appropriate, each State to furnish him with current absentee voting information for such State. Such information shall include election dates, officers to be elected, constitutional amendments, and other proposals to be voted on, absentee registration and voting procedures, and other relevant data. As soon as possible after receipt of such information, he shall furnish it to the departments and agencies of the executive branch affected by this Act. Such departments and agencies are authorized to reprint and distribute such information to the extent necessary.

Sec. 203.

All Government officials shall, to the extent practicable

Cooperation of Gov’t, officials.

and compatible with their primary responsibilities, cooperate with the Presidential designee in carrying out the purposes of this Act. All such officials shall, as far as practicable, take all reasonable measures to expedite, transmit, deliver, and return post cards, ballots, envelopes, and instructions for voting procedures mailed to or by persons to whom this Act is applicable. In addition, and as requested by the Presidential designee, it shall be the duty of—

(1)

the Attorney General to cooperate and advise with the Council of State Governments in the formulation of drafts of State legislation designed to implement the recommendations for State action contained in this Act;

(2)

the Administrator of General Services to cause to be printed and distributed post cards for use in accordance with the provisions of this Act, Such post cards shall, wherever practicable and compatible with other operations, be made available by the department or agency concerned to persons to whom this Act is applicable for use at any general election at which electors for President and Vice President or Senators and Representatives are to be voted for. For use in such elections post cards shall be made available outside the territorial limits of the United States not later than August 15 prior to the election and within the territorial limits of the United States not later than September 15 prior to the election. To the extent practicable and compatible with other operations, post cards shall also be made available at appropriate times to such persons for use in other general, primary, and special elections; and

(3)

the Postmaster General and the heads of the departments and agencies concerned, where practicable and compatible with their operations, to facilitate the transmission of balloting material to and from persons to whom this Act is applicable. Ballots executed outside the United States by persons to whom this Act is applicable shall be returned by priority airmail wherever practicable, and such mail may be segregated from other forms of mail and placed in special bags marked with special tags printed and distributed by the Postmaster General for this purpose.

Sec. 204.

The form of the Federal post card application shall be as

Federal post card application.

follows:

(a)

The cards shall be approximately nine and one-half by four and one-eighth inches in size.

(b)

Upon one side., perpendicular to the long dimension of the card, there shall be printed in black type the following:

(c)

Upon the other side of the card there shall be printed in red type the following:

Sec. 205.

The previously authorized Federal post card form shall be

Election for Members of Congress.

utilized prior to and in connection with the election for Members of Congress next ensuing after the date of enactment of this Act, and the Presidential designee shall initiate action to make such forms available to departments and agencies having a need therefor. Thereafter only the post card form authorized in this Act shall be utilized.

TITLE III definitions and miscellaneous provisions

Sec. 301.

As used in this Act—

(1)

The term “Armed Forces” means the uniformed services as defined in section 102 of the Career Compensation Act of 1949

37 USC 231.

(63 Stat. 804), as amended.

(2)

The term “members of the merchant marine of the United States” means persons (other than members of the Armed Forces) employed as officers or members of crews of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States, and persons (other than members of the Armed Forces) enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessels; but does not include persons so employed, or enrolled for such employment or for training for such employment, or maintained for such emergency relief service, on the Great Lakes or the Inland waterways.

(3)

The term “dependent” means any person who is in fact a dependent.

Sec. 302.

Official post cards, ballots, voting instructions, and envelopes referred to in this Act, whether transmitted individually or in bulk, shall be free of postage, including airmail postage, in the United States mails.

Sec. 303.

Every individual concerned with the administration of this Act shall take all necessary steps to prevent fraud, to protect voters against coercion of any sort, and to safeguard the integrity and secrecy of ballots cast.

Sec. 304.

No act done hi good faith under this Act by a person serving

Acts in good faith, etc.

in or with the Federal or military service of the United States in the exercise of his judgment as to what was practicable and compatible with military, merchant marine, or other Federal Governmental operations, shall constitute a violation of any provision of law relating to the elective franchise.

Sec. 305.

It shall be unlawful for any commissioned, noncommissioned, warrant, or petty officer in the Armed Forces (1) to attempt to influence any member of the Armed Forces to vote or not to vote for any particular candidate, or (2) to require any member of the Armed Forces to march to any polling place or place of voting, but nothing in this Act shall be deemed to prohibit free discussion regarding political issues or candidates for public office.

Sec. 306.

If any provision of this Act or the application of such

Separability.

provision to any person or circumstance shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons or circumstances shall not be affected thereby.

Sec. 307.

The Act entitled “An Act to provide for a method of

Repeal.

voting, in time of war. by members of the land and naval forces absent from the place of their residence”, approved September 16, 1942 (56

50 USC 301–355.

Stat. 753), as amended, is repealed.

Sec. 308.

There are hereby authorized to be appropriated such

Appropriation.

funds as may be necessary to carry out the purposes of this Act.

Approved August 9, 1955.

Parsed from the official Statutes at Large USLM XML in 69.xml