Volume 92 · 2535
Public Law 95–593
To improve the administration and operation of the Overseas Citizens Voting Rights Act of 1975, and for other purposes.
Approved November 4, 1978
Statutory text
An Act
To improve the administration and operation of the Overseas Citizens Voting Rights Act of 1975, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Section 2 of
Overseas Citizens Voting Rights Act of 1975, amendment.
the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd) is amended—
by striking out “and” at the end of paragraph (2);
by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and “and”; and
by adding at the end thereof the following new paragraph:
“(4) ‘official postcard’ means a postcard application for registration to vote and for an absentee ballot in the form provided in section 204(d) of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc–14(d)).”.
Sec. 2.
Section 3 of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd–1) is amended by inserting before the period the following: “or, in lieu thereof, an alternative form of identification consistent with this Act and applicable State or district requirements, if a citizen does not possess a valid passport or card of identity and registration”.
Sec. 3.
Section 4 of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd–2) is amended by adding at the end thereof the following new subsection:
“(c) In carrying out the provisions of this section, it is recommended that each State—
“(1) accept any official postcard which is duly executed by any person who meets the requirements in section 3 of this Act as a simultaneous application for registration under such State’s election laws and for an absentee ballot under such State’s absentee balloting laws;
“(2) 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;
“(3) authorize and instruct the State or local election officials, upon receipt of any official postcard application or any other application for registration to vote or an absentee ballot, to mail immediately to the applicant a ballot, instructions for voting and returning the ballot, and a self-addressed envelope; and
“(4) provide that there be printed across the face of each envelope the words ‘Official Election Balloting Material—Via Air Mail’, or similar language.”.
Sec. 4.
The Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd et seq.) is amended—
by redesignating sections 5, 6, 7, and 8 as sections 7, 8, 9,
42 USC 1973dd–3–1973dd–5, 1973dd note.
and 10, respectively; and
by inserting after section 4 the following new sections:
“Sec. 5. “current absentee voting information
(a) The Presidential designee under section 201 of the
Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc–11) (hereinafter in this Act referred to as the ‘Presidential designee’) shall request, when appropriate, each State to furnish him with information on the current absentee registration and voting procedures of each State pertaining to citizens entitled to vote in Federal elections under this Act. Such information shall include election dates, officers to be elected, any provisions under such State’s law requiring the removal of the name of any person from such State’s voter registration roll (for whatever reason), and information related to the number of absentee voters in such State who are entitled to vote in Federal elections under this Act. Where consistent with their respective duties, appropriate departments or agencies of the Federal Government shall assist and cooperate with the Presidential designee, both in the collection of such information and in its dissemination to persons who meet the requirements in section 3 of this Act.
“(b) The Secretary of State shall publicize, in the manner best designed to reach the persons meeting the requirements in section 3 of this Act—
“(1) the right of such persons to vote in Federal elections and the procedures available to such persons to enforce that right, as provided in this Act; and
“(2) with the assistance of the Postmaster General, the availability of expedited mail delivery of balloting material under this Act.
The Presidential designee shall notify all appropriate State and local election officials of such availability under this Act and under the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc et seq.).
“Sec. 6. “printing and transmitting of postcards; free postage; publicity
(a) The Administrator of General Services shall cause to
be printed and distributed to the Department of Justice, the Department of State, and any other appropriate department or agency of the Federal Government official postcards for use in accordance with the provisions of this Act as directed by the Presidential designee. Such departments or agencies shall deliver or make available such postcards to persons meeting the requirements in section 3 of this Act not later than August 15 immediately before any general Federal election for use in such election. To the extent practicable, such postcards shall also be made available at appropriate times to such persons for use in special or primary Federal elections.
“(b) (1) The Postmaster General, the Attorney General, the Secretary of State, and the head of any other appropriate department or agency of the Federal Government shall facilitate the transmission of balloting material, including official postcards, absentee ballots, voting instructions, and envelopes for the return of such ballots, to and from persons meeting the requirements in section 3 of this Act.
“(2) Any balloting material sent from the United States to any person meeting the requirements in section 3 of this Act shall be sent by priority airmail or by the most expedited postal service available.
“(3) Any balloting material sent to the United States by any person meeting the requirements in section 3 of this Act shall be returned by priority airmail or by the most expedited service available, wherever practicable. Such material may be mailed from any Armed Forces post office in an overseas area established as provided in section 406 of title 39, United States Code, unless otherwise prohibited by any treaty or other agreement between the United States and a foreign country. In the case of ballots executed outside the United States by any person, such ballots 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.
“(c) Official postcards, ballots, voting instructions, and envelopes, whether transmitted individually or in bulk, shall be free of postage, including airmail postage, when sent from the United States in the United States mails.”.
Sec. 5.
Section 9 of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd–5), as so redesignated in section 4(1), is amended—
by inserting “(a)” before “Nothing”; and
by adding at the end thereof the following new subsection:
“(b) The exercise of any right to register or vote in Federal elections by any citizen outside the United States shall not affect the determination of his place of residence or domicile for purposes of any tax imposed under Federal, State, or local law.”.
Sec. 6.
The Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd et seq.), as amended in section 4, is further amended by adding at the end thereof the following new section:
“Sec. 11. “authorization of appropriations
There are hereby authorized to be appropriated such
sums as may be necessary to carry out the purposes of this Act.”.
Sec. 7.
Section 101 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc) is amended—
by inserting “(a)” before “The”; and
by adding at the end thereof the following new subsection:
“(b) Each State shall enable every citizen in the following categories who is absent from the place of his voting residence to register absentee and to vote by absentee ballot in any Federal election, as defined in section 2(1) of the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd(1)), 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.
The rights granted in this section shall be supplemental to the voting rights presently enjoyed by these citizens under other Federal and State laws.”.
Sec. 8.
Section 202 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc–12) is amended by inserting after “voting procedures,” the following: “any provision under such State’s law requir-ing the removal of the name of any person from such State’s registration roll (for whatever reason), information related to the number of absentee voters in a State who are entitled to vote in Federal elections under this Act,”.
Sec. 9.
Section 203 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc–13) is amended—
in paragraph (1), by striking out “Council of State Governments” and inserting in lieu thereof “government of the several States”; and
by striking out paragraph (3) and inserting in lieu thereof the following new paragraph:
“(3) the Postmaster General and the heads of the departments and agencies concerned to facilitate the transmission of balloting materials to and from persons to whom this Act is applicable. Any balloting material sent from the United States to such persons shall be sent by priority airmail or by the most expedited postal service available. Any balloting material sent to the United States by such persons shall be returned by priority airmail or by the most expedited service available, wherever practicable. In the case of ballots executed outside the United States by any such person, such ballots may be segregated from other forms of mail and placed in special bags marked with special tags printed and distributed for this purpose.”.
Sec. 10.
Section 204 of the Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc–14) is amended by adding at the end thereof the following new subsection:
“(d) Notwithstanding the provisions of subsections (a), (b), and (c), the Presidential designee shall design, for purposes of carrying out the provisions of this Act and the Overseas Citizens Voting Rights Act of 1975, a single form of postcard application for registration to vote and for an absentee ballot. The Presidential designee is empowered to promulgate such form by regulation and upon adoption of such form, subsections (a), (b), and (c) of this section shall have no effect.”.
Sec. 11.
Section 2401(c) of title 39, United States Code, is amended—
by inserting after “title” a comma and the following: “the Overseas Citizens Voting Rights Act of 1975,”; and
by striking out “Act” before the period and inserting in lieu thereof “Acts”.
Section 3627 of title 39, United States Code, is amended by striking out “or under the Federal Voting Assistance Act of 1955” and inserting in lieu thereof “under the Federal Voting Assistance Act of 1955, or under the Overseas Citizens Voting Rights Act of 1975”.
Section 3626 of title 39, United States Code, is amended by adding at the end thereof the following new subsection:
“(e) (1) In the administration of this section, the rates for third-class mail matter mailed by a qualified political committee shall be the rates currently in effect under former section 4452 of this title for third-class mail matter mailed by a qualified nonprofit organization.
“(2) For purposes of this subsection—
Definitions.
“(A) the term ‘qualified political committee’ means a national or State committee of a political party, the Republican and Democratic Senatorial Campaign Committees, the Democratic National Congressional Committee, and the National Republican Congressional Committee;
“(B) the term ‘national committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; and
“(C) the term ‘State committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level.”.
Approved November 4, 1978.