Page:United States Statutes at Large Volume 58 Part 1.djvu/166

 PUBLIC LAWS-CH. 150 -APR. 1, 1944 Determination by local election officials. Invalidation. Undelivered ballot envelopes. taries of state of the several States, together with any comments thereon or explanation thereof. "(b) Each secretary of state shall prepare a report of all ballots received by him and transmitted to the various election officials, and within thirty days after the last day for counting absentee ballots in any election in which ballots are cast under the provisions of this title, each secretary of state shall transmit such report to the Commission. "VALIDITY OF BALLOTS "SEC. 311. (a) The Commission shall have no powers or functions with respect to the determination of the validity of ballots cast under the provisions of this title; such determination shall be made by the duly constituted election officials of the appropriate districts, pre- cincts, counties, or other voting units of the several States and this decision shall be final to the same extent as in the case of ballots cast by others in person. Votes cast under the provisions of this title shall be cast, canvassed, counted, and certified in each State by its proper canvassing boards in the same manner, as nearly as may be practicable, as the votes cast within its borders are canvassed, counted, and certified. "(b) No official Federal war ballot shall be valid if- "1. the voter has also voted in person or by absentee ballot in accordance with the procedure provided by State law; or "2. the date of the oath of elector is later than the date of the holding of the election; or "3. such ballot is received by the appropriate election official of the district, precinct, county, or other voting unit of the State of the voter's residence later than the hour for the closing of the polls on the date of the holding of the election, except that any extension of time for the receipt of absentee ballots permitted by State laws shall apply to ballots cast under this title. "(c) All ballot envelopes received by a secretary of state at a date or time too late for proper delivery, and all ballot envelopes not delivered to polling places or to the proper officials shall not be opened but shall be endorsed with the date of reception and shall be retained by the secretary until the time has expired for contesting the election, when they shall be destroyed without examination. "cVOTING SAFEGUARDS "SEc. 312. Every individual concerned with the administration of this title shall take all necessary steps to prevent fraud, to protect voters against coercion of any sort, and to safeguard the integrity and secrecy of ballots cast hereunder. " P E NALTIES "SEC. 313. The provisions of law prohibiting offenses against the elective franchise shall apply in the case of elections and voting con- ducted pursuant to the provisions of this title: Provided, however, That no act done in good faith by a member of the armed forces of the United States, in the exercise of his judgment as to what was practicable and compatible with military operations, shall constitute a violation of any such provision of law. "TA KING OF POLLS PROIIBITED "SEC. 314. (a) No person within or without the armed forces of the United States shall poll any member of such forces, either within or [58 STAT.

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