This subchapter may be cited as the "Uniform Military and Overseas Voters Act of 2012".
(June 5, 2012, D.C. Law 19-137, § 101, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 19-137, the "Comprehensive Military and Overseas Voters Accommodation Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-356, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 7, 2012, and March 6, 2012, respectively. Signed by the Mayor on March 27, 2012, it was assigned Act No. 19-334 and transmitted to both Houses of Congress for its review. D.C. Law 19- 137 became effective on June 5, 2012.
Uniform Law
This section is based on § 1 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
For the purposes of this subchapter, the term:
(1) "Board" means the Board of Elections and Ethics, established by § 1- 1001.03.
(2) "Covered voter" means:
(A) A uniformed-service voter or an overseas voter who is registered to vote in the District;
(B) A uniformed-service voter whose voting residence is in the District and who otherwise satisfies the District's voter eligibility requirements;
(C) An overseas voter who, before leaving the United States, was last eligible to vote in the District and, except for a District residency requirement, otherwise satisfies the District's voter eligibility requirements;
(D) An overseas voter who, before leaving the United States, would have been last eligible to vote in the District had the voter then been of voting age and, except for a District residency requirement, otherwise satisfies the District's voter eligibility requirements; or
(E) An overseas voter who was born outside the United States, is not described in subparagraphs (C) or (D) of this paragraph, and, except for a District residency requirement, otherwise satisfies the District's voter eligibility requirements if:
(i) Before leaving the United States, the voter's last place of residence was with a parent or legal guardian who resided within the District; and
(ii) The voter has not previously registered to vote in any other state.
(3) "Dependent" means an individual recognized as a dependent of a uniformed service voter.
(4) "District" means the District of Columbia.
(5) "Federal postcard application" means the application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U. S.C. § 1973ff(b)(2)).
(6) "Federal write-in absentee ballot" means the ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925;42 U.S.C. § 1973ff-2).
(7) "Military-overseas ballot" means:
(A) A federal write-in absentee ballot;
(B) A ballot specifically prepared or distributed for use by a covered voter in accordance with this subchapter; or
(C) A ballot cast by a covered voter in accordance with this subchapter.
(8) "Overseas voter" means a United States citizen who is outside the United States.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(10) "Uniformed service" means:
(A) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;
(B) The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
(C) The National Guard and state militia.
(11) "Uniformed-service voter" means an individual who is qualified to vote and is:
(A) A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;
(B) A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;
(C) A member on activated status of the National Guard or state militia; or
(D) A spouse or dependent of a member referred to in this paragraph.
(12) "United States," used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(June 5, 2012, D.C. Law 19-137, § 102, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 2 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
The voting procedures in this subchapter apply to:
(1) A general, special, or primary election for President, Vice President, or District of Columbia Delegate to the United States House of Representatives;
(2) A general, special, or primary election for Mayor, Chairman of the Council, member of the Council, member of the State Board of Education, or Attorney General for the District of Columbia;
(3) An initiative, referendum, or recall measure; and
(4) A proposed Charter amendment.
(June 5, 2012, D.C. Law 19-137, § 103, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 3 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) The Board is responsible for implementing this subchapter and the District's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 924; 42 U.S.C. 1973ff et seq.).
(b) The Board shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.
(c) The Board shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under this subchapter.
(d) The Board shall:
(1) Develop standardized absentee-voting materials, including privacy and transmission envelopes, authentication materials, and voting instructions to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in the District; and
(2) To the extent reasonably possible, coordinate with other states to carry out this subsection.
(e) The Board shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of an overseas-military ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with this subchapter. The Board shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.
(June 5, 2012, D.C. Law 19-137, § 104, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 4 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
In registering to vote, an overseas voter who is eligible to vote in the District must be assigned to the voting precinct of the address of the last place of residence of the voter in the District, or, in the case of a voter described by § 1-1061.02(2)(E), the address of the last place of residence in the District of the parent or legal guardian of the voter. If that address is no longer a recognized residential address, the voter must be assigned an address for voting purposes.
(June 5, 2012, D.C. Law 19-137, § 105, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 5 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) To apply to register to vote, a covered voter may use a federal postcard application or the application's electronic equivalent, or any other method approved under federal law.
(b) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote if the declaration is received by 30 days before the election.
(c) The Board shall ensure that the electronic transmission system described in § 1-1061.04(c) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to register to vote.
(June 5, 2012, D.C. Law 19-137, § 106, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 6 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) A covered voter who is registered to vote in the District may apply for a military-overseas ballot using either the regular absentee ballot application on the form prescribed by the Board or the federal postcard application or the application's electronic equivalent.
(b) A covered voter who is not registered to vote in the District may use a federal postcard application or the application's electronic equivalent to apply to register to vote under § 1-1061.06 and for a military-overseas ballot.
(c) The Board shall ensure that the electronic transmission system described in § 1-1061.04(c) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the Board. The voter may use the electronic transmission system or any other method approved under federal law to apply for a military-overseas ballot.
(d) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the Board by the 7th day before the election.
(e) To receive the benefits of this subchapter, a covered voter must inform the Board that the voter is a covered voter. Methods of informing the Board that a voter is a covered voter include:
(1) The use of a federal postcard application or federal write-in absentee ballot;
(2) The use of an overseas address on an approved voter registration application or ballot application; and
(3) The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.
(f) This subchapter does not preclude a covered voter from voting with a regular absentee ballot as authorized by the Board.
(June 5, 2012, D.C. Law 19-137, § 107, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 7 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
An application for a military-overseas ballot is timely if received by the 7th day before the election. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.
(June 5, 2012, D.C. Law 19-137, § 108, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 8 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) For an election described in § 1-1061.03 for which the District has not received a waiver pursuant to section 102(g)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, approved August 28, 1986 (100 Stat. 925; 42 U.S.C. § 1973ff-1(g)(2)), no later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, no later than the business day preceding the 45th day, the Board shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.
(b) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the District, Internet delivery. The Board shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
(c) If a ballot application from a covered voter arrives after the District begins transmitting ballots and balloting materials to voters, the Board shall transmit the ballot and balloting materials to the voter no later than 2 business days after the application arrives.
(June 5, 2012, D.C. Law 19-137, § 109, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 9 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
To be valid, a military-overseas ballot must be submitted by the voter on the date of the election by mailing or other authorized means of delivery no later than 12:01 a.m. at the place where the voter completes the ballot.
(June 5, 2012, D.C. Law 19-137, § 110, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 10 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in § 1-1061.03.
(June 5, 2012, D.C. Law 19-137, § 111, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 11 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) A valid military-overseas ballot cast in accordance with § 1-1061.10 must be counted if it is delivered within 10 days after the election to the address that the Board has specified.
(b) If, at the time of completing a military-overseas ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot may not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.
(June 5, 2012, D.C. Law 19-137, § 112, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 12 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
A military-overseas ballot must include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of making a false statement under the laws of the District.
(June 5, 2012, D.C. Law 19-137, § 113, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 13 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
The Board shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or Internet whether:
(1) The voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
(2) The voter's military-overseas ballot has been received and the current status of the ballot.
(June 5, 2012, D.C. Law 19-137, § 114, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 14 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) The Board shall request an electronic-mail address from each covered voter who registers to vote after June 5, 2012. An electronic-mail address provided by a covered voter, or by any other District voter, may not be made available to the public or any individual or organization other than an authorized agent of the Board and is exempt from disclosure under subchapter II of Chapter 5 of Title 2. The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location. The request for an electronic-mail address must describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.
(b) A covered voter who provides an electronic-mail address may request that the voter's application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year of the date of the application or another shorter period that the voter specifies. The Board shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election.
(June 5, 2012, D.C. Law 19-137, § 115, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 15 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) At least 100 days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the Board shall prepare an election notice, to be used in conjunction with a federal write-in absentee ballot. The election notice must contain a list of all of the ballot measures and federal and District offices that as of that date the Board expects to be on the ballot on the date of the election. The notice also must contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested.
(b) A covered voter may request a copy of an election notice. The Board shall send the election notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.
(c) No later than 45 days before an election, the Board shall update the election notice described in subsection (a) of this section with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.
(d) The Board shall make the election notice prepared under subsection (a) of this section and updated versions of the election notice regularly available on the Board's Internet website.
(June 5, 2012, D.C. Law 19-137, § 116, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 16 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) If a voter's mistake or omission in the completion of a document under this subchapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document. Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, shall not invalidate a document submitted under this subchapter. In a write-in ballot authorized by this subchapter or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernable under the District's uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.
(b) Notarization is not required for the execution of a document under this subchapter. An authentication, other than the declaration specified in § 1- 1061.13 or the declaration on the federal postcard application and federal write-in absentee ballot, is not required for the execution of a document under this subchapter. The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.
(June 5, 2012, D.C. Law 19-137, § 117, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 17 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
The Superior Court of the District of Columbia may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with or to enforce this subchapter on application by:
(1) A covered voter alleging a grievance under this subchapter; or
(2) An election official in the District.
(June 5, 2012, D.C. Law 19-137, § 118, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 18 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(June 5, 2012, D.C. Law 19-137, § 119, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 19 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C.§ 7001 et seq.) ("Act"), but does not modify, limit, or supersede section 101(c) of that Act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that Act (15 U.S.C. § 7003(b)).
(June 5, 2012, D.C. Law 19-137, § 120, 59 DCR 2542.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-137, see notes under § 1-1061.01.
Uniform Law
This section is based on § 20 of the Uniform Military and Overseas Voters Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
