§ 20306. Prohibition of refusal of applications on grounds of early submission

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. 1986

   Uniformed and Overseas Citizens Absentee Voting Act

   Pub. L. 99–410 title I § 104 · 100 Stat. 924

   Enacted · 52 U.S.C. § 20306

   Pub. L. 99–410, title I, § 104, Aug. 28, 1986, 100 Stat. 926

   Source evidence

   Code source credit
   Pub. L. 99–410, title I, § 104, Aug. 28, 1986, 100 Stat. 926

   Enacted provision · exact public law section
   SEC. 104. RECOMMENDATIONS TO THE STATES TO MAXIMIZE ACCESS TO THE POLLS BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS. To afford maximum access to the polls by absent uniformed services voters and overseas voters, it is recommended that the States— (1) use the official post card form (prescribed under section 101) for simultaneous voter registration application and absentee ballot application; (2) adopt the suggested design for absentee ballot mailing envelopes prescribed under section 101; (3) waive registration requirements for absent uniformed services voters and overseas voters who, by reason of service or residence, do not have an opportunity to register; (4) if an application other than an official post card form (prescribed under section 101) is required for absentee registration, provide that registration forms be sent with the absentee ballot and may be returned with it; (5) expedite processing of balloting materials with respect to absent uniformed services voters and overseas voters; (6) permit any oath required for a document under this title to Armed Forces. be administered by a commissioned officer of the Armed Forces or any official authorized to administer oaths under Federal law or the law of the State or other place where the oath is administered; (7) assure that absentee ballots are mailed to absent uniformed Uniformed services. services voters and overseas voters at the earliest opportunity; (8) assist the Presidential designee in compiling statistical and other information relating to this title; and (9) provide late registration procedures for persons recently Armed Forces. separated from the Armed Forces.

2. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title XVI § 1606(b) · 115 Stat. 1012

   1. Amended · 52 U.S.C. § 20306

      Pub. L. 107–107 amended section catchline and text generally

   2. Substituted · 52 U.S.C. § 20306

      Pub. L. 107–107 substituting provisions relating to use of single application for all subsequent elections for provisions relating to recommendations to States to maximize access to polls by absent uniformed services voters and overseas voters

   Source evidence

   Code amendment note
   Pub. L. 107–107 amended section catchline and text generally, substituting provisions relating to use of single application for all subsequent elections for provisions relating to recommendations to States to maximize access to polls by absent uniformed services voters and overseas voters.

   Enacted provision · exact public law section
   (b) Use of Single Application for All Subsequent Elections.— Section 104 of such Act (42 U.S.C. 1973ff-3) is amended to read as follows: “SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS. “(a) In General.— If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State during that year, the State shall provide an absentee ballot to the voter for each subsequent election for Federal office held in the State during that year. “(b) Exception for Voters Changing Registration.— Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State. “(c) Revision of Official Post Card Form.— The Presidential designee shall revise the official post card form (prescribed under section 101) to enable a voter using the form to— “(1) request an absentee ballot for each election for Federal office held in a State during a year; or “(2) request an absentee ballot for only the next scheduled election for Federal office held in a State. “(d) No Effect on Voter Removal Programs.— Nothing in this section may be construed to prevent a State from removing any voter from the rolls of registered voters in the State under any program or method permitted under section 8 of the National Voter Registration Act of 1993.”.

3. 2002

   Help America Vote Act of 2002

   Pub. L. 107–252 § 704 · 116 Stat. 1666

   Substituted · 52 U.S.C. § 20306(a)

   Pub. L. 107–252, § 704, substituted “through the next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the State shall provide an absentee ballot to the voter for each such subsequent election” for “during that year, the State shall provide an absentee ballot to the voter for each subsequent election for Federal office held in the State during that year”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–252, § 704, substituted “through the next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the State shall provide an absentee ballot to the voter for each such subsequent election” for “during that year, the State shall provide an absentee ballot to the voter for each subsequent election for Federal office held in the State during that year”.

   Enacted provision · exact public law section
   SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE BALLOT APPLICATION. Section 104(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 1606(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1279), is amended by striking “during that year,” and all that follows and inserting the following: “through the next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the State shall provide an absentee ballot to the voter for each such subsequent election.”. 42 USC 1973ff-3.

   Effective date note
   Pub. L. 107–252, title VII, § 706(b), Oct. 29, 2002, 116 Stat. 1725, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to elections for Federal office that occur after January 1, 2004.”

4. 2002

   Help America Vote Act of 2002

   Pub. L. 107–252 § 706(a) · 116 Stat. 1666

   Added · 52 U.S.C. § 20306(e)

   Pub. L. 107–252, § 706(a), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 107–252, § 706(a), added subsec. (e).

   Enacted provision · exact public law section
   (a) In General.— Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3), as amended by section 1606(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1279), is amended by adding at the end the following new subsection: “(e) Prohibition of Refusal of Applications on Grounds of Early Submission.— A State may not refuse to accept or process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application(including the postcard form prescribed under section 101) submitted by an absent uniformed services voter during a year on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that year submitted by absentee voters who are not members of the uniformed services.”.

   Effective date note
   Pub. L. 107–252, title VII, § 706(b), Oct. 29, 2002, 116 Stat. 1725, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to elections for Federal office that occur after January 1, 2004.”

5. 2009

   Military and Overseas Voter Empowerment Act

   Pub. L. 111–84 div. A title V § 585(a) · 123 Stat. 2190

   1. Substituted · 52 U.S.C. § 20306

      Pub. L. 111–84 substituted “Prohibition of refusal of applications on grounds of early submission” for “Use of single application for all subsequent elections” in section catchline

   2. Struck · 52 U.S.C. § 20306

      Pub. L. 111–84 struck out subsecs. (a) to (d) which related, respectively, to provision of absentee ballot in subsequent elections after acceptance and processing of an official post card form, exception for voters changing registration, revision of official post card form, and construction of provisions with voter removal programs

   3. Struck · 52 U.S.C. § 20306

      Pub. L. 111–84 struck out subsec. (e) designation and heading before “A State”

   Source evidence

   Code amendment note
   Pub. L. 111–84 substituted “Prohibition of refusal of applications on grounds of early submission” for “Use of single application for all subsequent elections” in section catchline, struck out subsecs. (a) to (d) which related, respectively, to provision of absentee ballot in subsequent elections after acceptance and processing of an official post card form, exception for voters changing registration, revision of official post card form, and construction of provisions with voter removal programs, and struck out subsec. (e) designation and heading before “A State”.

   Enacted provision · exact public law section
   (a) In General.— Subsections (a) through (d) of section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–3) are repealed.

8 of 8 references resolved to an enrolled provision