ing residence has established enabling laws and procedures.

(d) Generally, absentee voting should be offered whenever local conditions are such that voters are able to prepare, send and receive personal material. However, a determination by those administering the absentee voting program that voting assistance cannot be rendered because it is impractical and incompatible with military or Federal governmental operations shall be conclusive, if this determination is made in good faith. (See section 1474 of the Act.)

(e) Absentee voting procedures shall be prescribed in such a manner as to safeguard the integrity and secrecy of the ballot. In addition, all necessary steps shall be taken to prevent fraud and to protect voters against coercion of any sort.

noncommis

(1) No commissioned, sioned, warrant, or petty officer in the Armed Forces shall attempt to influence any member of the Armed Forces to vote or not vote for any particular candidate, or to require any member of the Armed Forces to march to any polling place or place of voting. (See section 1475 of the Act.)

(2) However, nothing in subparagraph (1) of this paragraph shall be deemed to prohibit free discussion regarding political issues or candidates for public office. (See enclosure 2 of DOD Directive 1344.10.1)

(3) No person within or without the Armed Forces of the United States shall poll any member of such forces, either within or without the United States, either before or after he shall have executed any State absentee ballot with reference to his choice of or his vote for any candidate for any of the officers authorized to be voted for by the use of the aforesaid ballot. (See enclosure 2 of DOD Directive 1344.10.1)

(4) The provision in subparagraph (3) of this paragraph shall not preclude the conducting of surveys for statistical compilations necessary to measure the extent of participation in absentee voting by Department of Defense personnel.

§ 1602.5 Responsibilities.

(a) The Assistant Secretary of Defense (M&RA), as the Federal Coordinator, will

1 Filed as part of original. Copies available from Naval Publications and Forms Center, 5801 Taber Avenue, Philadelphia, PA 19120, Code 300.

(1) Arrange for other Federal agencies to administer the absentee voting program in overseas areas, particularly where there are large concentrations of voters including those described in § 1602.3(a) (5).

(2) Collect and place requisitions with the General Services Administration for printing absentee voting post cards.

(3) Be the sole DOD representative for obtaining from each State current absentee voting information and disseminate it to other Executive departments and agencies concerned. (In this regard, unless directed by ASD (M&RA) DOD components and participating departments and agencies shall not contact State voting officials about absentee voting matters.)

(4) Insure that informational materials on absentee voting are disseminated throughout DOD components. To the extent practical, informational material prepared by the Department of Defense shall also be made available to other Executive agencies having absentee voting responsibilities.

(5) Designate a day in late September of each election year as Armed Forces Voters' Day for the purpose of encouraging military members and their dependents to exercise their prerogative to vote by absentee ballot.

(6) Prepare a report to the President and to the Congress on the absentee voting program in odd-numbered years as required by section 1461 of the Act.

(7) Prepare a standard set of sample survey questions to be used by all Military Services in the gathering of past election statistics necessary for the report mentioned in § 1602.4(e).

(b) DOD components shall

(1) Assist all members in determining their legal residence.

(2) Designate an adequate number of qualified personnel to provide advice and assistance to voters in determining the voting age requirements for a particular election, and in the registering and casting of absentee ballots. They shall assist in filling out the Federal Post Card Application, and the registration application, if applicable, and administer oaths in accordance with the pertinent voting instructions. (See section 1452 and 1464 of the Act for a description of the balloting procedures and the Federal Post Card Application.)

(3) Expedite the transmission, handling, and delivery of absentee voting

mail. Subject to overriding military operations, it shall be airmailed, and when originating overseas, it shall be sent by priority mail.

(4) Place requisitions for the Federal Post Card Application with the office designated by the ASD(M&RA) and distribute applications for absentee registration and ballots to military and civilian personnel members of the Department of Defense. (For all Federal elections this material shall be handdelivered to the voters described in § 1602.3(a) (1) and (2), not later than August 15 if outside the territorial limits of the United States, and not later than

September 15 if inside the territorial limits of the United States.)

(5) Encourage military bases, posts and installations to observe, to the extent compatible with military operations, special ceremonies, and activities to emphasize the responsibility for voting. This special observance will be held in conjunction with Armed Forces Voters' Day.

(6) Prescribe procedures for notifying State election officials when any person executing a Federal Post Card Application is serving a prison sentence in order that the State election officials may determine whether the offense for which he has been convicted affects his eligibility to vote.

AUTHORITY: The provisions of this Part 1700 issued under E.O. 11222; 3 CFR, 19641965 Comp.; 5 CFR 735.101, et seq.

SOURCE: The provisions of this Part 1700 appear at 33 F.R. 4615, Mar. 16, 1968, unless otherwise noted.

§ 1700.735-101 Adoption of regulations.

Pursuant to § 735.104(f) of this title, the Advisory Commission on Intergovernmental Relations (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of this title, Code of Federal Regulations: §§ 735.101, 735.102, 735.201a, '735.202 (a), (d), (e), (f)-735.210, 735.302, 735.303 (a), 735.304, 735.305(a), 735.403 (a), 735.404735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.

§ 1700.735-102

Review of statements of employment and financial inter

ests.

Each statement of employment and fnancial interests submitted under this part shall be reviewed by the Executive Director. When this review indicates a conflict of interest of an employee or special Government employee of the Commission and the performance of his services for the Government, the Executive Director shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the Executive Director shall forward a written report on the indicated conflict to the Chairman, Advisory Commission on Intergovernmental Relations.

§ 1700.735-103 Disciplinary and other remedial action.

An employee or special Government employee of the Commission who violates any of the regulations in this part or adopted under § 1700.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to, or in lieu of, disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties; (b) Divestment by the employee of his conflicting interests; or

(c) Disqualification for a particular assignment.

§ 1700.735-104 Gifts, entertainment, and favors.

The Commission authorizes the exceptions to § 735.202(a) of this title set forth in § 735.202(b) (1)−(4) of this title. § 1700.735-105 Outside employment.

(a) An employee of the Commission may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment. An employee who engages in outside employment shall report that fact in writing to his supervisor.

(b) Employees and special Government employees of the Commission may engage in teaching, writing, and lecturing provided, however, employees and special Government employees shall not receive compensation or anything of monetary value for any consultation, discussion, writing, lecturing, or appearance the subject matter of which is devoted substantially to the specific responsibilities, programs, or operations of the Commission, or which draws substantially on official data or ideas which have not been published or otherwise publicly released by the Commission. The foregoing limitation on the receipt of compensation or anything of monetary value shall not be construed as applying to amounts received for reimbursement for travel and other expenses incurred in performing the outside employment.

§ 1700.735-108 Specific provisions of Commission regulations governing special Government employees.

(a) The term "special Government employee" as used in this part means an officer or employee who is retained, designated, appointed, or employed by the Commission to perform, with or without compensation, for not more than 130 days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis.

(b) Special Government employees shall adhere to the standards of conduct

applicable to employees set forth in this part and adopted under § 1700.735-101, except that § 735.203 (b) of this title is not applicable to a special Government employee.

(c) Pursuant to § 735.305(b) of this title, the Commission authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by § 1700.735-104.

§ 1700.735-109 Statements of employ

ment and financial interests.

(a) In addition to the employees required to submit statements of employment and financial interests under § 735.403 (a) of this title, employees in the following named positions shall submit statements of employment and financial interest to the Executive Director.

Assistant Director, Taxation and Finance. Assistant Director, Governmental Structure and Functions.

Assistant Director, Program Implementation.

(b) The statement of employment and financial interest required by this section shall be submitted by the Executive Director to the Chairman of the Commission.

(c) An employee who believes that his position has been improperly included in this section as one requiring the submission of a statement of employment and financial interests may obtain a review of his complaint under the agency's grievance procedure.

(d) A statement of employment and financial interest is not required under this part from Members of the Commission. Members of the Commission are subject to 3 CFR 100.735-31 and are required to file a statement only if requested to do so by the Counsel to the President.

NOTE: Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflictsof-interest provisions of section 208 of title 18, United States Code or the regulations in this Part or adopted under § 735.101.