Page:United States Statutes at Large Volume 100 Part 1.djvu/962

 100 STAT. 926

PUBLIC LAW 99-410—AUG. 28, 1986 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 the date of the enactment of this title, 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 107(5)(A) 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 107(5)(B) or (C), as soon as the official list of candidates in the general election is complete. 42 USC 1973ff-3. 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 i,... administered; ~.. ~, _..

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