§ 1451. State enactment of absentee voting legislation. The Congress expresses itself as favoring, and recommends that the several States take, immediate legislative or administrative action to enable every person in any of the following categories who is absent from the place of his voting residence to vote by absentee ballot in any primary, special, or general election held in his election district or precinct, if he is otherwise eligible to vote in that election: (1) Members of the Armed Forces while in the active service, and their spouses and dependents. (2) Members of the merchant marine of the United States, and their spouses and dependents. (3) Citizens of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them. (Aug. 9, 1955, ch. 656, title I, § 101, 69 Stat. 584; June 18, 1968, Pub. L. 90-343, § 1, 82 Stat. 180.) AMENDMENTS 1968-Pub. L. 90-343 consolidated into par. (3) the provisions of former pars. (3) and (4) and, in such consolidated par. (3), substituted provisions which served to extend the recommendations to the states as to absentee voter registration so as to include citizens of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them for former provisions of par. (3) which served to include civilian employees of the United States in all categories serving outside the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them, whether or not subject to the civil service laws and the Classification Act of 1949, and whether or not paid from funds appropriated by Congress, and provisions of former par. (4), which served to include members of religious groups and welfare agencies assisting members of the Armed Forces, who are officially attached to and serving with the Armed Forces and their spouses and dependents. SHORT TITLE Section 1 of act Aug. 9, 1955, provided that: "This Act [which enacted this chapter and repealed sections 301— 303. 321-331, 341, and 351-355 of this title] may be cited as 'The Federal Voting Assistance Act of 1955'." SEPARABILITY OF PROVISIONS Section 306 of act Aug. 9, 1955, provided that: "If any provision of this act [this chapter] or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other persons or circumstances shall not be affected thereby." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1452, 1454 of this title. § 1452. Balloting procedures. To afford ample opportunity for persons covered by section 1451 of this title to vote for Federal, State and local officials and to use the absentee balloting procedures to the greatest extent possible, it is recommended that each of the several States (1) accept as applications for absentee ballots under such States' absentee balloting laws, as applications for registration under such States' election laws, and as sources of information to implement State absentee balloting laws, the form of post card (when duly executed by a person covered by section 1451 of this title) provided pursuant to this chapter; (2) waive registration of persons covered by section 1451 of this title, who, by reason of their service, have been deprived of an opportunity to register; (3) accept the post card application provided pursuant to this chapter as a simultaneous application for registration and for ballot; (4) if a special application is required for registration by mail, provide that the necessary forms will be sent with the absentee ballot and may be returned with it; (5) make provision for persons eligible to register and qualified to vote, who have been honorably discharged from the Armed Forces, or have terminated their service or employment, too late to register at the time when, and at the place where, registration is required, to vote at the election next ensuing after such discharge or termination; (6) authorize and instruct the State or local election officials, upon receipt of the post card application provided pursuant to this chapter, to mail immediately to the applicant a ballot, instructions for voting and returning the ballot, and a self-addressed envelope; (7) provide that, there be printed across the face of each envelope in which a ballot is sent two parallel horizontal red bars, each one-quarter inch wide, extending from one side of the envelope to the other side, with an intervening space of one-quarter inch, the top bar to be one and one-quarter inches from the top of the envelope, and with the words "Official Election Balloting Material-via Air Mail", or similar language, between the bars; that there be printed in the upper right corner of each such envelope, in a box, the words "Free of U.S. Postage, Including Air Mail"; that all printing on the face of each such envelope be in red; and that there be printed in red in the upper left corner of each State ballot envelope an appropriate inscription or blanks for return address of sender; (8) provide that the gummed flap of the State envelope supplied for the return of the ballot be separated by a wax paper or other appropriate protective insert from the remaining balloting material and that there be included in State voting instructions a procedure to be followed by absentee voters, such as notation of the facts on the back of envelope duly signed by the voter and witnessing officer, in instances of adhesion of the balloting material; (9) reduce in size and weight of paper, as much as possible, envelopes, ballots, and instructions for voting procedure; (10) for the purposes of this chapter, authorize oaths required by State law to be administered and attested by any commissioned officer in the active service of the Armed Forces, any member of the merchant marine of the United States designated for this purpose by the Secretary of Commerce, the head of any department or agency of the United States, any civilian official empowered by State or Federal law to administer oaths, or any civilian employee designated by the head of any department or agency of the United States; (11) include in State voting instructions express information concerning the type or types of writing instruments which may be used to mark the absentee ballot, preferably pen or indelible pencil; and (12) provide that absentee ballots will be available for mailing to the applicant as soon as practicable before the last date on which such ballot will be counted. (Aug. 9, 1955, ch. 656, title I, § 102, 69 Stat. 584; June 18, 1968, Pub. L. 90-344, § 1(1), 82 Stat. 181.) AMENDMENTS 1968 Cl. (10). Pub. L. 90-344 added heads of departments or agencies of the United States and civilian employees designated by the head of any department or agency of the United States to the recommended list of persons authorized to administer and attest to oaths as required by state law. § 1453. Statistical data. It is recommended that each of the several States make available to the officer designated by the President under section 1461 of this title appropriate statistical data to assist him in compiling comprehensive information of operations under this chapter. (Aug. 9, 1955, ch. 656, title I, § 103, 69 Stat. 584.) § 1454. Personnel residing on military installations; acquisition of legal residence for voting purposes. It is recommended that each of the several States permit any person covered by section 1451(1) of this title who is otherwise fully qualified to register and vote in the State to acquire legal residence in that State, notwithstanding his residence on a military installation, and to register and vote in local, State, and national elections. (Aug. 9, 1955, ch. 656, title I, § 104, as added June 18, 1968, Pub. L. 90–344, § 1(2), 82 Stat. 181.) SUBCHAPTER II.-RESPONSIBILITIES OF § 1461. Presidential designee to coordinate and facilitate actions to discharge Federal responsibilities; report. The President is authorized to designate, with provision for redelegation, the head (hereinafter referred to as the Presidential designee) of any executive department or agency to coordinate and facilitate such actions as may be required to discharge Federal responsibilities under this chapter. The Presidential designee is authorized to request from other executive departments and agencies such assistance as he deems necessary to effectuate the purposes of this chapter, and shall submit a report to the President and to the Congress in odd-numbered years. Such report shall cover the administration of Federal responsibilities authorized under this subchapter, the progress of the States in carrying out the recommendations contained in subchapter I of this chapter, statistical data relating to absentee voting, and such other information as the Presidential designee may consider appropriate. (Aug. 9, 1955, ch. 656, title II, § 201, 69 Stat. 585.) Ex. ORD. No. 10646. DESIGNATION OF SECRETARY OF DEFENSE AS COORDINATOR Ex. Ord. No. 10646, Nov. 22, 1955, 20 F.R. 8681, provided: 1. The Secretary of Defense is hereby designated as the official to coordinate and facilitate such actions as may be required to discharge Federal responsibilities under the Federal Voting Assistance Act of 1955 [this chapter]. 2. In order to effectuate the purposes of the said act, the Secretary of Defense is hereby authorized to delegate any or all of the functions, responsibilities, powers, authority, or discretion devolving upon him in consequence of this order to any person or persons within the Department of Defense. DWIGHT D. EISENHOWER SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1453 of this title. § 1462. Current absentee voting information. The Presidential designee shall request, annually or more often when appropriate, each State to furnish him with current absentee voting information for such State. Such information shall include election dates, officers to be elected, constitutional amendments, and other proposals to be voted on, absentee registration and voting procedures, and other relevant data. As soon as possible after receipt of such information, he shall furnish it to the departments and agencies of the executive branch affected by this chapter. Such departments and agencies are authorized to reprint and distribute such information to the extent necessary. (Aug. 9, 1955, ch. 656, title II, § 202, 69 Stat. 586.) §1463. Cooperation of Government officials; drafts of state legislation; printing and transmitting of post cards. All All Government officials shall, to the extent practicable and compatible with their primary responsibilities, cooperate with the Presidential designee in carrying out the purposes of this chapter. such officials shall, as far as practicable, take all reasonable measures to expedite, transmit, deliver, and return post cards, ballots, envelopes, and instructions for voting procedures mailed to or by persons to whom this chapter is applicable. In addition, and as requested by the Presidential designee, it shall be the duty of— (1) the Attorney General to cooperate and advise with the Council of State Governments in the formulation of drafts of State legislation designed to implement the recommendations for State action contained in this chapter; (2) the Administrator of General Services to cause to be printed and distributed post cards for use in accordance with the provisions of this chapter. Such post cards shall be delivered by the department or agency concerned to persons to whom this chapter is applicable for use at any general election at which electors for President and Vice President or Senators and Representatives are to be voted for. For use in such elections, post cards shall be in the hands of the persons concerned not later than August 15 before the election if they are outside the territorial limits of the United States and not later than September 15 before the election if they are inside the territorial limits of the United States. To the extent practicable and compatible with other operations, post cards shall also be made available at appropriate times to such persons for use in other general, primary, and special elections; and (3) the Postmaster General and the heads of the departments and agencies concerned, where practicable and compatible with their operations, to facilitate the transmission of balloting material to and from persons to whom this chapter is applicable. Ballots executed outside the United States by persons to whom this chapter is applicable shall be returned by priority airmail wherever practicable, and such mail may be segregated from other forms of mail and placed in special bags marked with special tags printed and distributed by the Postmaster General for this purpose. (Aug. 9, 1955, ch. 656, title II, § 203, 69 Stat. 586; June 18, 1968, Pub. L. 90-344, § 1(3), 82 Stat. 181.) later than September 15 if they are within the territorial limits of the United States for provisions that such post cards shall, wherever practicable and compatible with other operations, be made available to the persons concerned by the specified dates. § 1464. Form and content of post card application. The form of the Federal post card application shall be as follows: (a) The cards shall be approximately nine and one-half by four and one-eighth inches in size. (b) Upon one side, perpendicular to the long dimension of the card, there shall be printed in black type the following: FILL OUT BOTH SIDES OF CARD (Fill in name of State or Commonwealth) (1) I hereby request an absentee ballot to vote in the coming election: (GENERAL) (PRIMARY) (SPECIAL) ELECTION (Strike out inapplicable words) (2) If a ballot is requested for a primary election, print your political party affiliation or preference in this box: (If primary election is secret in your State, do not answer) (3) I am a citizen of the United States, eligible to vote in above State, and am: a. A member of the Armed Forces of the United States b. A member of the merchant marine of the United States c. A citizen of the United States temporarily residing outside of the territorial limits of the United States and the District of Columbia d. A spouse or dependent of a person listed in (a) or (b) above e. A spouse or dependent residing with or accompanying a person described in (c) above (4) I was born on (Day) (Month) (Year) (Military Base, Station, Camp, Fort, Ship, Airfield, etc.) For those assigned elsewhere: (APO or FPO number) A. Before filling out this form see your voting officer in regard to the voting laws of your State and absentee registration and voting procedure. B. Type or print all entries except signatures. FILL OUT BOTH SIDES OF CARD. C. Address card to proper State official. Your voting officer or commanding officer will furnish you his title and address. D. Mail card as soon as your State will accept your application. E. NO postage is required for the card. (c) Upon the other side of the card there shall be printed in red type the following: FILL OUT BOTH SIDES OF THE CARD FREE of U.S. Postage Including Air Mail Official Mailing Address OFFICIAL ELECTION BALLOTING MATERIAL-VIA AIR MAIL To: (Title of Election Official) (County or Township) (City or Town, State) (Aug. 9, 1955, ch. 656, title II, § 204, 69 Stat. 586; June 18, 1968, Pub. L. 90-343, § 2, 82 Stat. 181; June 18, 1968, Pub. L. 90-344, § (4)-(6), 82 Stat. 182.) AMENDMENTS 1968 Subsec. (b) (3) (c). Pub. L. 90-343, § 2, substituted "A citizen of the United States temporarily residing outside of the territorial limits of the United States and the District of Columbia" for "A member of a religious or welfare organization assisting servicemen". Subsec. (b) (3) (d). Pub. L. 90-343, § 2, substituted "A spouse or a dependent of a person listed in (a) or (b) above" for "A civilian employed by the United States Government outside the United States (continental)". Subsec. (b) (3) (e). Pub. L. 90-343, § 2, substituted "A spouse or dependent residing with or accompanying a person described in (c) above" for "A spouse or dependent of a person listed in (a), (b), or (c) above." Subsec. (b) (3) (f). Pub. L. 90-343, § 2, struck out subsec. (b) (3) (f) which made provision for a spouse or dependent residing with a civilian employed by the United States Government outside of the (continental) United States. Subsec. (b) (5). Pub. L. 90-344, § 1(4), added the provision for insertion of the applicant's county or parish. Subsec. (b) (7). Pub. L. 90–344, § 1(5), substituted provisions differentiating between the style of address for persons assigned in the United States and persons assigned elsewhere for provisions setting out a single style of address for all applicants. Subsec. (c). Pub. L. 90-344, § 1(6), substituted provisions for the official mailing address of the applicant for provisions for the name, unit, government agency, or office, military base, station, ship or office, street number, APO or FPO number, and city, postal zone, and state of the applicant. § 1465. Post card for election for Members of Congress. The previously authorized Federal post card form shall be utilized prior to and in connection with the election for Members of Congress next ensuing after August 9, 1955, and the Presidential designee shall initiate action to make such forms available to departments and agencies having a need therefor. Thereafter only the post card form authorized in this chapter shall be utilized. (Aug. 9, 1955, ch. 656, title II, § 205, 69 Stat. 588.) SUBCHAPTER III.-GENERAL PROVISIONS § 1471. Definitions. As used in this chapter (1) The term "Armed Forces" means the uniformed services as defined in section 231 of Title 37. (2) The term "members of the merchant marine of the United States" means persons (other than members of the Armed Forces) employed as officers or members of crews of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States, and persons (other than members of the Armed Forces) enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessels; but does not include persons so employed, or enrolled for such employment or for training for such employment, or maintained for such emergency relief service, on the Great Lakes or the inland waterways. (3) The term "dependent" means any person who is in fact a dependent. (Aug. 9, 1955, ch. 656, title III, § 301, Stat. 588.) STATE Section 2(c) of Pub. L. 87-389, Oct. 4, 1961, 75 Stat. 820, provided that: "For the purposes of the Federal Voting Assistance Act of 1955 (69 Stat. 584) [this chapter] the word 'State' shall be deemed to include the District of Columbia." § 1472. Free postage. Official post cards, ballots, voting instructions, and envelopes referred to in this chapter, whether transmitted individually or in bulk, shall be free of postage, including air-mail postage, in the United States mails. (Aug. 9, 1955, ch. 656, title III, § 302, 69 Stat. 588.) §1473. Prevention of fraud and coercion. Every individual concerned with the administration of this chapter 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. (Aug. 9, 1955, ch. 656, title III, § 303, 69 Stat. 588.) § 1474. Acts done in good faith. No act done in good faith under this chapter by a person serving in or with the Federal or military service of the United States in the exercise of his judgment as to what was practicable and compatible with military, merchant marine, or other Federal governmental operations, shall constitute a violation of any provision of law relating to the elective franchise. (Aug. 9, 1955, ch. 656, title III, § 304, 69 Stat. 589.) § 1475. Undue influence; free discussion. It shall be unlawful for any commissioned, noncommissioned, warrant, or petty officer in the Armed Forces (1) to attempt to influence any member of the Armed Forces to vote or not to vote for any particular candidate, or (2) to require any member of the Armed Forces to march to any polling place or place of voting, but nothing in this chapter shall be deemed to prohibit free discussion regarding political issues or candidates for public office. 9, 1955, ch. 656, title III, § 305, 69 Stat. 589.) § 1476. Appropriations. (Aug. chemical and biological agents. The Secretary shall include in each report a full explanation of each expenditure, including the purpose and the necessity therefor. (Pub. L. 91-121, title IV, § 409 (a), Nov. 19, 1969, 83 Stat. 209.) § 1512. Transportation, open air testing, and disposal; Presidential determination; report to Congress; notice to Congress and State Governors. None of the funds authorized to be appropriated by this Act or any other Act may be used for the transportation of any lethal chemical or any biological warfare agent to or from any military installation in the United States, or the open air testing of any such agent within the United States, or the disposal of any such agent within the United States until the following procedures have been implemented: (1) the Secretary of Defense (hereafter referred to in this chapter as the "Secretary") has determined that the transportation or testing proposed to be made is necessary in the interests of national security; (2) the Secretary has brought the particulars of the proposed transportation, testing, or disposal to the attention of the Secretary of Health, Education, and Welfare, who in turn may direct the Surgeon General of the Public Health Service and other qualified persons to review such particulars with respect to any hazards to public health and safety which such transportation, testing, or disposal may pose and to recommend what precautionary measures are necessary to protect the public health and safety; (3) the Secretary has implemented any precautionary measures recommended in accordance with paragraph (2) above (including, where practicable, the detoxification of any such agent, if such agent is to be transported to or from a military installation for disposal): Provided, however, That in the event the Secretary finds the recommendation submitted by the Surgeon General would have the effect of preventing the proposed transportation, testing, or disposal, the President may determine that overriding considerations of national security require such transportation, testing, or disposal be conducted. Any transportation, testing, or disposal conducted pursuant to such a Presidential determination shall be carried out in the safest practicable manner, and the President shall report his determination and an explanation thereof to the President of the Senate and the Speaker of the House of Representatives as far in advance as practicable; and (4) the Secretary has provided notification that the transportation, testing, or disposal will take place, except where a Presidential determination has been made: (A) to the President of the Senate and the Speaker of the House of Representatives at least 10 days before any such transportation will be commenced and at least 30 days before any such testing or disposal will be commenced; (B) to the Governor of any State through which such agents will be transported, such notification to be provided appropriately in advance of any such transportation. |