123STA T . 2322 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.579 . E N S URI N GAB SEN T UNI FO R M E D SER V ICES VOTERS AND OVERSEAS VOTERS H AVE TIME TO VOTE. (a)INGE NE RAL.—Section102 o f t h e U nifo rm e d and Ov er s eas C iti z ens Ab sentee V otin g Act ( 4 2 U.S.C. 1 973 ff – 1(a)(1)) , as amended b y sections 5 77 and 57 8 , is amended— (1)ins u bsection (a)— (A) in p aragraph ( 6 ), by stri k ing ‘ ‘and ’ ’ attheend
( B ) in paragraph (7), by striking the period at the end and inserting a semico l on; and (C) by adding at the end the follo w ing new paragraph
‘‘(8) transmit a validly re q uested absentee ballot to an absent uniformed services voter or overseas voter— ‘‘(A) e x cept as provided in subsection (g), in the case in which the request is received at least 45 days before an election for F ederal office, not later than 45 days before the election; and ‘‘(B) in the case in which the request is received less than 45 days before an election for Federal office— ‘‘(i) in accordance with State law; and ‘‘(ii) if practicable and as determined appropriate by the State, in a manner that expedites the trans - mission of such absentee ballot.’’; (2) by adding at the end the following new subsection: ‘‘(g) H AR DSHIPEX E M P T I O N.— ‘‘(1) IN G ENERAL.—If the chief State election official deter- mines that the State is unable to meet the requirement under subsection (a)(8)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the P resi- dential designee grant a waiver to the State of the application of such subsection. Such request shall include— ‘‘(A) a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office; ‘‘(B) an explanation of the hardship that indicates why the State is unable to transmit absent uniformed services voters and overseas voters an absentee ballot in accordance with such subsection; ‘‘(C) the number of days prior to the election for Federal office that the State requires absentee ballots be trans- mitted to absent uniformed services voters and overseas voters; and ‘‘( D ) a comprehensive plan to ensure that absent uni- formed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes— ‘‘(i) the steps the State will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; ‘‘(ii) why the plan provides absent uniformed serv- ices voters and overseas voters sufficient time to vote as a substitute for the requirements under such sub- section; and Waiver a utho rit y.D ea dl i n e s .
