
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1973ff-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
  SUBCHAPTER I-G--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES 
       VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE
 
Sec. 1973ff-2. Federal write-in absentee ballot for overseas 
        voters in general elections for Federal office
        

(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 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 overseas voter shall not be counted--
        (1) if the ballot is submitted from any location in the United 
    States;
        (2) if the application of the overseas voter for a State 
    absentee ballot is received by the appropriate State election 
    official less than 30 days before the general election; or
        (3) if a State absentee ballot of the 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 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 overseas voter

    An 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 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 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.

(Pub. L. 99-410, title I, Sec. 103, Aug. 28, 1986, 100 Stat. 925.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1973ff, 1973ff-1, 1973ff-6 
of this title.
