§ 1566. Voting assistance: compliance assessments; assistance

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title XVI § 1602(a)(1) · 115 Stat. 1012

   Enacted · 10 U.S.C. § 1566

   Added Pub. L. 107–107, div. A, title XVI, § 1602(a)(1), Dec. 28, 2001, 115 Stat. 1274

   Source evidence

   Code source credit
   Added Pub. L. 107–107, div. A, title XVI, § 1602(a)(1), Dec. 28, 2001, 115 Stat. 1274

   Enacted provision · exact public law section
   (1) Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1566. Voting assistance: compliance assessments; assistance “(a) Regulations.— The Secretary of Defense shall prescribe regulations to require that the Army, Navy, Air Force, and Marine Corps ensure their compliance with any directives issued by the Secretary of Defense in implementing any voting assistance program. “(b) Voting Assistance Programs Defined.— In this section, the term ‘voting assistance programs’ means— “(1) the Federal Voting Assistance Program carried out under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.); and “(2) any similar program. “(c) Annual Effectiveness and Compliance Reviews.— (1) The Inspector General of each of the Army, Navy, Air Force, and Marine Corps shall conduct— “(A) an annual review of the effectiveness of voting assistance programs; and “(B) an annual review of the compliance with voting assistance programs of that armed force. “(2) Upon the completion of each annual review under paragraph (1), each Inspector General specified in that paragraph shall submit to the Inspector General of the Department of Defense a report on the results of each such review. Such report shall be submitted in time each year to be reflected in the report of the Inspector General of the Department of Defense under paragraph (3). “(3) Not later than March 31 each year, the Inspector General Deadline. Reports. of the Department of Defense shall submit to Congress a report on— “(A) the effectiveness during the preceding calendar year of voting assistance programs; and “(B) the level of compliance during the preceding calendar year with voting assistance programs of each of the Army, Navy, Air Force, and Marine Corps. “(d) Inspector General Assessments.— (1) The Inspector General of the Department of Defense shall periodically conduct at Department of Defense installations unannounced assessments of the compliance at those installations with— “(A) the requirements of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.); “(B) Department of Defense regulations regarding that Act and the Federal Voting Assistance Program carried out under that Act; and “(C) other requirements of law regarding voting by members of the armed forces. “(2) The Inspector General shall conduct an assessment under paragraph (1) at not less than 10 Department of Defense installations each calendar year. “(3) Each assessment under paragraph (1) shall include a review of such compliance— “(A) within units to which are assigned, in the aggregate, not less than 20 percent of the personnel assigned to duty at that installation; “(B) within a representative survey of members of the armed forces assigned to that installation and their dependents; and “(C) within unit voting assistance officers to measure program effectiveness. “(e) Regular Military Department Assessments.— The Secretary of each military department shall include in the set of issues and programs to be reviewed during any management effectiveness review or inspection at the installation level an assessment of compliance with the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) and with Department of Defense regulations regarding the Federal Voting Assistance Program. “(f) Voting Assistance Officers.— Voting assistance officers shall be appointed or assigned under Department of Defense regulations. Commanders at all levels are responsible for ensuring that unit voting officers are trained and equipped to provide information and assistance to members of the armed forces on voting matters. Performance evaluation reports pertaining to a member who has been assigned to serve as a voting assistance officer shall comment on the performance of the member as a voting assistance officer. “(g) Delivery of Mail From Overseas Preceding Federal Elections.— (1) During the four months preceding a general Federal election month, the Secretary of Defense shall periodically conduct surveys of all overseas locations and vessels at sea with military units responsible for collecting mail for return shipment to the United States and all port facilities in the United States and overseas where military-related mail is collected for shipment to overseas locations or to the United States. The purpose of each survey shall be to determine if voting materials are awaiting shipment at any such location and, if so, the length of time that such materials have been held at that location. During the fourth and third months before a general Federal election month, such surveys shall be conducted biweekly. During the second and first months before a general Federal election month, such surveys shall be conducted weekly. “(2) The Secretary shall ensure that voting materials are transmitted expeditiously by military postal authorities at all times. “(3) In this section, the term ‘general Federal election month’ means November in an even-numbered year.”.

2. 2002

   Help America Vote Act of 2002

   Pub. L. 107–252 § 701(a) · 116 Stat. 1666

   1. Amended · 10 U.S.C. § 1566(f)

      Pub. L. 107–252, § 701(a), designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 1566(f)

      Pub. L. 107–252, § 701(a), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 107–252, § 701(a), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Voting Assistance Officers.— Subsection (f) of section 1566 of title 10, United States Code, as added by section 1602(a) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1274), is amended— (1) by striking “Voting assistance” in the first sentence and inserting “(1) Voting assistance”; and (2) by adding at the end the following new paragraph: Regulations. “(2) Under regulations and procedures (including directives) prescribed by the Secretary, a member of the armed forces appointed or assigned to duty as a voting assistance officer shall, to the maximum extent practicable, be given the time and resources needed to perform the member’s duties as a voting assistance officer during the period in advance of a general election when members and their dependents are preparing and submitting absentee ballots.”.

3. 2002

   Help America Vote Act of 2002

   Pub. L. 107–252 § 701(b) · 116 Stat. 1666

   Inserted · 10 U.S.C. § 1566(g)(2)

   Pub. L. 107–252, § 701(b), inserted at end “The Secretary shall, to the maximum extent practicable, implement measures to ensure that a postmark or other official proof of mailing date is provided on each absentee ballot collected at any overseas location or vessel at sea whenever the Department of Defense is responsible for collecting mail for return shipment to the United States. The Secretary shall ensure that the measures implemented under the preceding sentence do not result in the delivery of absentee ballots to the final destination of such ballots after the date on which the election for Federal office is held. Not later than the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 107–252, § 701(b), inserted at end “The Secretary shall, to the maximum extent practicable, implement measures to ensure that a postmark or other official proof of mailing date is provided on each absentee ballot collected at any overseas location or vessel at sea whenever the Department of Defense is responsible for collecting mail for return shipment to the United States. The Secretary shall ensure that the measures implemented under the preceding sentence do not result in the delivery of absentee ballots to the final destination of such ballots after the date on which the election for Federal office is held. Not later than the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.”

   Enacted provision · exact public law section
   (b) Postmarking of Overseas Voting Materials.— Subsection (g)(2) of such section is amended by adding at the end the following: “The Secretary shall, to the maximum extent practicable, implement measures to ensure that a postmark or other official proof of mailing date is provided on each absentee ballot collected at any overseas location or vessel at sea whenever the Department of Defense is responsible for collecting mail for return shipment to the United States. The Secretary snail ensure that the measures implemented under the preceding sentence do not result in the delivery of absentee ballots to the final destination of such ballots after the date on which the election for Federal office is held. Not later than the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.”.

4. 2002

   Help America Vote Act of 2002

   Pub. L. 107–252 § 701(c) · 116 Stat. 1666

   Added · 10 U.S.C. § 1566(h)

   Pub. L. 107–252, § 701(c), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 107–252, § 701(c), added subsec. (h).

   Enacted provision · exact public law section
   (c) Providing Notice of Deadlines and Requirements.— Such section is amended by adding at the end the following new subsection: “(h) Notice of Deadlines and Requirements.— The Secretary of each military department, utilizing the voting assistance officer network established for each military installation, shall, to the maximum extent practicable, provide notice to members of the Armed Forces stationed at that installation of the last date before a general Federal election for which absentee ballots mailed from a postal facility located at that installation can reasonably be expected to be timely delivered to the appropriate State and local election officials.”.

5. 2002

   Help America Vote Act of 2002

   Pub. L. 107–252 § 701(d) · 116 Stat. 1666

   Added · 10 U.S.C. § 1566(i)

   Pub. L. 107–252, § 701(d), added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 107–252, § 701(d), added subsec. (i).

   Enacted provision · exact public law section
   (d) Registration and Voting Information for Members and Dependents.— Such section is further amended by adding at the end the following new subsection: “(i) Registration and Voting Information for Members and Dependents.— (1) The Secretary of each military department, using a variety of means including both print and electronic media, shall, to the maximum extent practicable, ensure that members of the Armed Forces and their dependents who are qualified to vote have ready access to information regarding voter registration requirements and deadlines (including voter registration), absentee ballot application requirements and deadlines, and the availability of voting assistance officers to assist members and dependents to understand and comply with these requirements. “(2) The Secretary of each military department shall make the national voter registration form prepared for purposes of the Uniformed and Overseas Citizens Absentee Voting Act by the Federal Election Commission available so that each person who enlists shall receive such form at the time of the enlistment, or as soon thereafter as practicable. “(3) Where practicable, a special day or days shall be designated at each military installation for the purpose of informing members of the Armed Forces and their dependents of election timing, registration requirements, and voting procedures.”.

6. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(d)(13)(A) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 1566(g)(2)

   Pub. L. 108–375, § 1084(d)(13)(A), substituted “April 29, 2003” for “the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 108–375, § 1084(d)(13)(A), substituted “April 29, 2003” for “the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002”.

   Enacted provision · exact public law section
   (A) in subsection (g)(2), by striking “the date that is 6 months after the date of the enactment of the Help America Vote Act of 2002” in the last sentence and inserting “April 29, 2003”; and

7. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 1084(d)(13)(B) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 1566(h); 10 U.S.C. § 1566(i)(1); 10 U.S.C. § 1566(3)

   Pub. L. 108–375, § 1084(d)(13)(B), substituted “armed forces” for “Armed Forces”

   Source evidence

   Code amendment note
   Subsecs. (h), (i)(1), (3). Pub. L. 108–375, § 1084(d)(13)(B), substituted “armed forces” for “Armed Forces”.

   Enacted provision · exact public law section
   (B) in subsections (h), (i)(1), and (i)(3), by striking “Armed Forces” and inserting “armed forces”.

8. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 596(a) · 120 Stat. 2083

   Struck · 10 U.S.C. § 1566(d)

   Pub. L. 109–364, § 596(a), struck out subsec. (d), which required the Inspector General of the Department of Defense to periodically conduct unannounced assessments of compliance with requirements of law regarding voting by members of the armed forces at Department of Defense installations

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–364, § 596(a), struck out subsec. (d), which required the Inspector General of the Department of Defense to periodically conduct unannounced assessments of compliance with requirements of law regarding voting by members of the armed forces at Department of Defense installations.

   Enacted provision · exact public law section
   (a) Repeal of Requirement for Periodic Inspector General Installation Visits for Assessment of Voting Assistance Program Compliance.— Section 1566 of title 10, United States Code, is amended by striking subsection (d).

9. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 596(d) · 120 Stat. 2083

   Struck · 10 U.S.C. § 1566(g)(2)

   Pub. L. 109–364, § 596(d), struck out at end “Not later than April 29, 2003, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 109–364, § 596(d), struck out at end “Not later than April 29, 2003, the Secretary shall submit to Congress a report describing the measures to be implemented to ensure the timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.”

   Enacted provision · exact public law section
   (d) Repeal of Expired Provision.— Section 1566(g)(2) of title 10, United States Code, is amended by striking the last sentence.

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 924(b)(1)(M) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 1566(a); 10 U.S.C. § 1566(c)(1); 10 U.S.C. § 1566(3)(B)

    Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”

    Source evidence

    Code amendment note
    Subsecs. (a), (c)(1), (3)(B). Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”.

    Enacted provision · exact public law section
    (M) Section 1566.

11 of 11 references resolved to an enrolled provision