Uniformed and Overseas Citizens Absentee Voting Act
PL 99-410 (H.R.4393), enacted 08/28/1986

100 STAT. 924 
Public Law 99-410 
99th Congress 
PUBLIC LAW 99-410—AUG. 28, 1986 
An Act 
To consolidate and improve provisions of law relating to absentee registration and 
voting in elections for Federal office by members of uniformed services and persons 
[H.R. 4393] 
^}jo reside overseas. 
Aug. 28, 1986 
Uniformed and 
Overseas 
Citizens 
Absentee Voting 
Act 
42 u s e 1973ff 
note. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Uniformed and Overseas Citizens 
Absentee Voting Act". 
TITLE I—REGISTRATION AND VOTING BY 
ABSENT 
UNIFORMED 
SERVICES 
VOTERS AND OVERSEAS VOTERS IN 
ELECTIONS FOR FEDERAL OFFICE 
42 use 1973ff. 
SEC. 101. FEDERAL RESPONSIBILITIES. 
President of U.S. 
(a) PRESIDENTIAL DESIGNEE.—The President shall designate the 
head of an executive department to have primary responsibility for 
Federal functions under this title. 
(b) DUTIES OF PRESIDENTIAL DESIGNEE.—The Presidential designee 
shall— 
State and local 
governments. 
Reports. 
(1) consult State and local election officials in carrying out 
this title; 
(2) prescribe an official post card form, containing both an 
absentee voter registration application and an absentee ballot 
application, for use by the States as recommended in section 
104; 
(3) carry out section 103 with respect to the Federal write-in 
absentee ballot for overseas voters in general elections for 
Federal office; 
(4) prescribe a suggested design for absentee ballot mailing 
envelopes for use by the States as recommended in section 104; 
(5) compile and distribute (A) descriptive material on State 
absentee registration and voting procedures, and (B) to the 
extent practicable, facts relating to specific elections, including 
dates, offices involved, and the text of ballot questions; and 
(6) not later than the end of each year after a Presidential 
election year, transmit to the President and the Congress a 
report on the effectiveness of assistance under this title, includ-
ing a statistical analysis of voter participation and a description 
of State-Federal cooperation. 
(c) DUTIES OF OTHER FEDERAL OFFICIALS.— 
(1) IN GENERAL.—The head of each Government department, 
agency, or other entity shall, upon request of the Presidential 
PUBLIC LAW 99-410—AUG. 28, 1986 
100 STAT. 925 
designee, distribute balloting materials and otherwise cooperate 
in carrying out this title. 
(2) ADMINISTRATOR OF GENERAL SERVICES.—As directed by the 
Presidential designee, the Administrator of General Services 
shall furnish official post card forms (prescribed under subsec-
tion (b)) and Federal write-in absentee ballots (prescribed under 
section 103). 
SEC. 102. STATE RESPONSIBILITIES. 
Each State shall— 
(1) permit absent uniformed services voters and overseas 
voters to use absentee registration procedures and to vote by 
absentee ballot in general, special, primary, and runoff elections 
for Federal office; 
(2) accept and process, with respect to any general, special, 
primary, or runoff election for Federal office, any otherwise 
valid voter registration application from an absent uniformed 
services voter or overseas voter, if the application is received by 
the appropriate State election official not less than 30 days 
before the election; and 
(3) permit overseas voters to use Federal write-in absentee 
ballots (in accordance with section 103) in general elections for 
Federal office. 
SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT FOR OVERSEAS VOTERS 
IN GENERAL ELECTIONS FOR FEDERAL OFFICE. 
(a) IN GENERAL.—The Presidential designee shall prescribe a Fed-
eral write-in absentee ballot (including a secrecy envelope and 
mailing envelope for such ballot) for use in general elections for 
Federal office by overseas voters who make timely application for, 
and do not receive. States, absentee ballots. 
(b) SUBMISSION AND PROCESSING.—Except as otherwise provided in 
this title, a Federal write-in absentee ballot shall be submitted and 
processed in the manner provided by law for absentee ballots in the 
State involved. A Federal write-in absentee ballot of an overseas 
voter shall not be counted— 
(1) if the ballot is submitted from any location in the United 
States; 
(2) if the application of the overseas voter for a State absentee 
ballot is received by the appropriate State election official less 
than 30 days before the general election; or 
(3) if a State absentee ballot of the overseas voter is received 
by the appropriate State election official not later than the 
deadline for receipt of the State absentee ballot under State law. 
(c) SPECIAL RULES.—The following rules shall apply with respect to 
Federal write-in absentee ballots: 
(1) In completing the ballot, the overseas voter may designate 
a candidate by writing in the name of the candidate or by 
writing in the name of a political party (in which case the ballot 
shall be counted for the candidate of that political party). 
(2) In the case of the offices of President and Vice President, a 
vote for a named candidate or a vote by writing in the name of a 
political party shall be counted as a vote for the electors 
supporting the candidate involved. 
(3) Any abbreviation, misspelling, or other minor variation in 
the form of the name of a candidate or a political party shall be 
42 use 1973ff-l. 
42 use 1973ff-2. 
State and local 
governments. 
100 STAT. 926 
PUBLIC LAW 99-410—AUG. 28, 1986 
42 use 1973ff-3. 
Armed Forces. 
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 elec-
tion official that the voter has submitted more than one ballot. 
(e) USE OF APPROVED STATE.ABSENTEE BALLOT IN PLACE OF FED-
ERAL 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 £is the official 
list of candidates in the general election is complete. 
SEC. 
1
0
4
. 
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 ab-
sentee 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 registra-
tion, 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 
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; 
~ .. ~, 
_ . . 
: 
PUBLIC LAW 99-410—AUG. 28, 1986 
100 STAT. 927 
(7) assure that absentee ballots are maijed to absent uni- Uniformed 
formed services voters and overseas voters at the earliest services. 
opportunity; 
(8) assist the Presidential designee in compiling statistical and 
other information relating to this title; and 
(9) provide late registration procedures for persons recently Armed Forces, 
separated from the Armed Forces. 
SEC. 105. ENFORCEMENT. 
The Attorney General may bring a civil action in an appropriate 
district court for such declaratory or injunctive relief as may be 
necessary to carry out this title. 
SEC. 106. EFFECT ON CERTAIN OTHER LAWS. 
The exercise of any right under this title shall not affect, for 
purposes of any Federal, State, or local tax, the residence or 
domicile of a person exercising such right. 
SEC. 107. DEFINITIONS. 
As used in this title, the term— 
(1) "absent uniformed services voter" means— 
(A) a member of a uniformed service on active duty who, 
by reason of such active duty, is absent from the place of 
residence where the member is otherwise qualified to vote; 
(B) a member of the merchant marine who, by reason of 
service in the merchant marine, is absent from the place of 
residence where the member is otherwise qualified to vote; 
and 
• ' 
(C) a spouse or dependent of a member referred to in 
subparagraph (A) or (B) who, by reason of the active duty or 
service of the member, is absent from the place of residence 
where the spouse or dependent is otherwise qualified to 
vote; 
(2) "balloting materials" means official post card forms (pre-
scribed under section 101), Federal write-in absentee ballots 
(prescribed under section 103), and any State balloting mate-
rials that, as determined by the Presidential designee, are 
essential to the carrying out of this title; 
(3) "Federal office" means the office of President or Vice 
President, or of Senator or Representative in, or Delegate or 
Resident Commissioner to, the Congress; 
(4) "member of the merchant marine" means an individual 
(other than a member of a uniformed service or an individual 
employed, enrolled, or maintained on the Great Lakes or the 
inland waterways)— 
(A) employed as an officer or crew member of a vessel 
documented under the laws of the United States, or a vessel 
owned by the United States, or a vessel of foreign-flag 
registry under charter to or control of the United States; or 
(B) enrolled with the United States for employment or 
training for employment, or maintained by the United 
States for emergency relief service, as an officer or crew 
member of any such vessel; 
(5) "overseas voter" means— 
(A) an absent uniformed services voter who, by reason of 
active duty or service is absent from the United States on 
the date of the election involved; 
42 use 1973ff-4. 
42 use 1973ff-5. 
42 use 1973ff-6. 
100 STAT. 928 
PUBLIC LAW 99-410—AUG. 28, 1986 
(B) a person who resides outside the United States and is 
qualified to vote in the last place in which the person was 
domiciled before leaving the United States; or 
(C) a person who resides outside the United States and 
(but for such residence) would be qualified to vote in the 
last place in which the person was domiciled before leaving 
the United States. 
(6) "State" means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
Islands, and American Samoa; 
(7) "uniformed services" means the Army, Navy, Air Force, 
Marine Corps, and Coast Guard, the commissioned corps of the 
Public Health Service, and the commissioned corps of the 
! 
National Oceanic and Atmospheric Administration; and 
(8) "United States", where used in the territorial sense, 
means the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and 
American Samoa. 
TITLE II—POSTAL, CRIMINAL, AND 
GENERAL PROVISIONS 
SEC. 201. AMENDMENTS TO TITLE 39, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 34 of title 39, United States Code, is 
amended by adding at the end the following new section: 
39 use 3406. 
"§ 3406. Balloting materials under the Uniformed and Overseas 
Citizens Absentee Voting Act 
"(a) Balloting materials under the Uniformed and Overseas Citi-
zens Absentee Voting Act (individually or in bulk)— 
"(1) shall be carried expeditiously and free of postage; and 
"(2) may be mailed at a post office established outside the 
39 use 406. 
United States under section 406 of this title, unless such mailing 
is prohibited by treaty or other international agreement of the 
United States. 
"(b) As used in this section, the term 'balloting materials' has the 
meaning given that term in section 107 of the Uniformed and 
Overseas Citizens Absentee Voting Act.". 
(b) TECHNICAL AMENDMENTS.— 
(1) The table of sections for chapter 34 of title 39, United 
States Code, is amended by adding at the end the following new 
item: 
"3406. Balloting materials under the Uniformed and Overseas Citizens Absentee 
Voting Act.". 
(2) The first sentence of section 2401(c) of title 39, United 
States Code, is amended— 
(A) by striking out "3405" and inserting in lieu thereof 
"3406"; and 
Post, p. 930. 
(B) by striking out "the Overseas Citizens Voting Rights 
Act of 1975, and the Federal Voting Assistance Act of 
Post, p. 930. 
1955". 
(3) Section 3627 of title 39, United States Code, is amended— 
(A) by striking out "3405" and inserting in lieu thereof 
"3406"; and 
PUBLIC LAW 99-410—AUG. 28, 1986 
100 STAT. 929 
(B) by striking out "under the Federal Voting Assistance 
Act of 1955, or under the Overseas Citizens Voting Rights 
Act of 1975". 
(4) Section 3684 of title 39, United States Code, is amended by 
striking out ", or of the Federal Voting Assistance Act of 1955". 
SEC. 202. AMENDMENTS TO TITLE 18, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new sections: 
"§ 608. Absent uniformed services voters and overseas voters 
"(a) Whoever knowingly deprives or attempts to deprive any 
person of a right under the Uniformed and Overseas Citizens 
Absentee Voting Act shall be fined in accordance with this title or 
imprisoned not more than five years, or both. 
"(b) Whoever knowingly gives false information for the purpose of 
establishing the eligibility of any person to register or vote under 
the Uniformed and Overseas Citizens Absentee Voting Act, or pays 
or offers to pay, or accepts payment for registering or voting under 
such Act shall be fined in accordance with this title or imprisoned 
not more than five years, or both. 
"§ 609. Use of military authority to influence vote of member of 
Armed Forces 
"Whoever, being a commissioned, noncommissioned, warrant, or 
petty officer of an Armed Force, uses military authority to influence 
the vote of a member of the Armed Forces or to require a member of 
the Armed Forces to march to a polling place, or attempts to do so, 
shall be fined in accordance with this title or imprisoned not more 
than five years, or both. Nothing in this section shall prohibit free 
discussion of political issues or candidates for public office.". 
(b) TECHNICAL AMENDMENT.—The table of sections for chapter 29 
of title 18, United States Code, is amended by adding at the end the 
following: 
"608. Absent uniformed services voters and overseas voters. 
"609. Use of military authority to influence vote of member of Armed Forces.". 
Law 
enforcement and 
crime. 
18 u s e 608. 
18 u s e 609. 
Freedom of 
speech. 
71_194 0 - 89 - 32 : (X 3 Parti 
100 STAT. 930 
PUBLIC LAW 99-410—AUG. 28, 1986 
SEC. 203. REPEALS. 
The Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc et 
seq.) and the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 
1973dd et seq.) are repealed. 
42 u s e 1973ff 
SEC. 204. EFFECTIVE DATE. 
The amendments and repeals made by this Act shall apply with 
respect to elections taking place after December 31,1987. 
Approved August 28, 1986. 
aor 
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LEGISLATIVE HISTORY—H.R. 4393: 
HOUSE REPORTS: No. 99-765 (Comm. on House Administration). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Aug. 12, considered and passed House. 
Aug. 15, considered and passed Senate. 
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