Sec. 1403. Transmission requirements; repeal of waiver provision
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Paragraph
(8)of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended to read as follows: transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . Subsection
(g)of section 102 of such Act ( 52 U.S.C. 20302(g) ) is amended to read as follows: For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: The State shall transmit the absentee ballot not later than 46 days before the election. If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph
(A)and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and in any other case, provide for the return of such ballot by express delivery. In any case in which express delivery is required under this subparagraph, the cost of such express delivery— shall not be paid by the voter; and if determined appropriate by the chief State election official, may be required by the State to be paid by a local jurisdiction. Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision or to effectuate the purposes of this Act. If a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), the chief State election official shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request. .
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Sec. 1403
Transmission requirements; repeal of waiver provision
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