official Federal war ballots and official inner envelopes. Upon such outer envelope the following shall be printed: "FREE OF ALL POSTAGE "To the UNITED STATES WAR BALLOT COMMISSION. "For transmission to the secretary of state of the State shown below. "(d) Ballots and envelopes for use outside the United States shall be suitable for air mailing. "(e) The Commission shall also cause to be prepared and printed an adequate number of copies of explanations of voting procedure for use in accordance with the provisions of this title. "(f) Where the Secretary of War or the Secretary of the Navy determines that the transmission abroad of any material required to be prepared and printed by the provisions of this section is inexpedient because of transportation difficulties or for other reasons arising from the conduct of the war, the Commission is authorized to arrange for such material to be printed outside the United States. "BALLOTING "SEC. 105. (a) Any person voting under the provisions of this title shall privately mark the ballot, place it in the official inner envelope, and securely seal the same. He shall then fill in and subscribe the oath printed upon the official inner envelope. After the oath has been duly attested, the voter shall then place the official inner envelope in the official outer envelope provided for the return of the ballot to the Commission and shall deliver it to a person designated by proper authority to receive executed ballots for transmission to the Commission. "(b) Any commissioned, noncommissioned, or petty officer not below the rank of sergeant or its equivalent in the armed forces of the United States and any member of the merchant marine of the United States designated for this purpose by the Administrator of the War Shipping Administration is authorized to administer and attest such oaths as are required by this title. All such oaths shall constitute prima facie evidence that the voter is qualified to vote, unless the statements contained in such oath indicate the contrary. "ADMINISTRATION "SEC. 106. The Secretaries of War and Navy shall be responsible for the administration of this title with respect to members of the armed forces and civilians attached to and serving with the armed forces and enitled to vote thereunder. The Administrator of the War Shipping Administration shall be responsible for the administration of this title with respect to members of the merchant marine of the United States entitled to vote thereunder. "TRANSMISSION OF FEDERAL BALLOTS, ENVELOPES AND EXPLANATIONS "SEC. 107. In each year in which a general election for Senators and Representatives in Congress is to be held, the Commission shall furnish well in advance of the election an adequate number of ballots, envelopes, and copies of explanations of voting procedures to the Secretaries of War and Navy and to the Administrator of the War Shipping Administration. "LISTS OF CANDIDATES "SEC. 108. The secretary of state of each State shall furnish the Commission such information as the Commission shall request for compiling a list of candi dates and their parties in any general election for President and Vice President or for Senators and Representatives in Congress. The Commission shall transmit to the Secretaries of War and Navy and the Administrator of the War Shipping Administration, at such times as it deems to be appropriate for balloting under this title, lists of candidates compiled from the information so received, even if incomplete. The Secretaries of War and Navy and the Administrator of the War Shipping Administration shall, in ample time for balloting under this title, transmit such lists to all units of the armed forces and to members of the merchant marine of the United States, to the extent that such transmission is practicable and compatible with military operations. Incomplete lists of candidates so furnished, or failure to furnish such lists, shall be no bar to balloting under the provisions of this title. No list of candidates furnished under this title shall include information as to a candidate other than his name, address, party affiliation, and office for which nominated. "DISTRIBUTATION AND COLLECTION OF BALLOTS FOR MEMBERS OF THE ARMED FORCES AND OTHERS "SEC. 109. (a) The Secretaries of War and Navy, insofar as practicable and to the fullest extent compatible with military operations, shall cause ballots, envelopes, explanations of voting procedure, and lists of candidates to be distributed to members of the armed forces, and to civilians attached to and serving with the armed forces and entitled to vote under this title, in ample time to insure an opportunity to vote in general elections under this title and shall cause executed ballots to be collected and transmitted to the Commission. "(b) Wherever practicable and compatible with military operations, the appropriate commanding officer shall be required— "(1) to designate a balloting day for voting in general elections which shall be, whenever possible, after he has received a list of candidates from all States, but which shall not be later than the date which the Secretary of War or the Secretary of the Navy, as the case may be, may fix for the area in which his command is located as the latest date which will afford a reasonable opportunity for the return of executed ballots; "(2) to cause lists of candidates to be posted and otherwise made available at conspicuous and convenient places prior to and on the balloting day and to cause copies of explanations of voting procedure and all other necessary information to be furnished to members of his unit and civilians attached to and serving with such unit and entitled to vote under this title; "(3) on the designated day to cause ballots and envelopes to be distributed, to provide a convenient place for marking them in secret, and to cause executed ballots to be collected and delivered for transmission to the Commission; "(4) to assume general responsibility for assuring that every person in or attached to and serving with his unit, who is entitled to vote under this title, has an opportunity to vote. "DISTRIBUTION AND COLLECTION OF BALLOTS FOR THE MERCHANT MARINE "SEC. 110. The Administrator of the War Shipping Administration shall cause ballots, envelopes, explanations of voting procedure, and lists of candidates for voting in general elections to be made available to members of the merchant marine of the United States upon request. The Administrator shall provide a convenient place for marking such ballots in secret, and shall cause executed ballots to be collected and delivered to the Commission or to appropriate representatives of the War and Navy Departments for transmission to the Commission. The Secretaries of War and Navy shall arrange, so far as practicable, for the receipt of such ballots and their transmission to the Commission together with the ballots of members of the armed forces. The Administrator may delegate to the Secretary of War or the Secretary of the Navy, with the consent of such Secretary, any function of the Administrator under this title. "PRIORITIES "SEC. 111. The Secretaries of War and Navy and other appropriate authorities shall take all steps necessary to give to the transmission and delivery of ballots and communications under this title priority over all unofficial communications and priority over official communications except where, in the judgment of the appropriate military and naval authorities, such priority would interfere with the effective prosecution of the war. Ballots cast outside the United States shall be transmitted by air, wherever practicable and compatible with military operations. "TRANSMISSION "SEC. 112. The Commission, upon receiving any ballot cast under this title, shall promptly transmit it to the secretary of state of the State of the voter's residence who shall at an appropriate time transmit it to the appropriate election officials of the district, precinct, county, or other voting unit of the voter's residence. No person other than such appropriate election officials shall open any official outer or inner envelope purporting to contain a ballot cast under this title. "REPORTS "SEC. 113. (a) The Secretaries of War and Navy and the Administrator of the War Shipping Administration shall report to the Commission on balloting under this title, including the number of ballots distributed, received, and transmited to the Commission, together with any comments thereon or explanation thereof. "(b) The Commission shall prepare a statement of all ballots received and transmitted to the various secretaries of state. Each secretary of state shall prepare a report of all ballots received by him and transmitted to the various election officials, and within thirty days after the last day for counting absentee ballots in any election in which ballots are cast under the provisions of this title, each secretary of state shall transmit such report to the Commisison. "VALIDITY OF BALLOTS "SEC. 114. (a) The Commisison shall have no powers or functions with respect to the determination of the validity of ballots cast under the provisions of this title; such determination shall be made by the duly constituted election officials of the appropriate districts, precincts, counties, or other voting units of the several States. Votes cast under the provisions of this title shall be canvassed, counted, and certified in each State by its proper canvassing boards in the same manner, as nearly as may be practicable, as the votes cast within its borders are canvassed, counted, and certified. "(b) No official Federal war ballot shall be valid if "1. the voter has also voted in person or by absentee ballot in accordance with the procedure provided by State law; or "2. the date of the oath of elector is later than the date of the holding of the election; or "3. such ballot is received by the appropriate election official of the district, precinct, county, or other voting unit of the State of the voter's residence later than the date of the holding of the election, except that any extension of time for the receipt of absentee ballots permitted by State laws shall apply to ballots cast under this title. "(c) All ballot envelopes received by a secretary of state at a date or time too late for proper delivery, and all ballot envelopes not delivered to polling places or to the proper officials shall not be opened but shall be endorsed with the date of reception and shall be retained by the secretary until the time has expired for contesting the election, when they shall be destroyed without examination. "VOTING SAFEGUARDS "SEC. 115. Every individual concerned with the administration of this title shall take all necessary steps to prevent fraud, to protect voters against coercion of any sort, and to safeguard the integrity and secrecy of ballots cast hereunder. "PENALTIES "SEC. 116. The provisions of State and Federal law prohibiting offenses against the elective franchise shall apply in the case of elections and voting conducted pursuant to the provisions of this title: Provided, however, That no act done in good faith by a member of the armed forces of the United States, in the exercise of his judgment as to what was practicable and compatible with military operations, shall constitute a violation of any such provision of law. "APPROPRIATE STATE OFFICIALS "SEC. 117. Wherever, in any State, an official other than the secretary of state is the appropriate State official to carry out any function vested in the secretary of state under this title, the term 'secretary of state' shall mean such other official. "OFFICIALS AND AGENCIES TO ACT FOR SECRETARY OF STATE "SEC. 118. Each secretary of state may utilize the services of such State and local officials and agencies for such purposes and to such extent as he may deem appropriate in the exercise of his powers and duties under this title. "ACT TO BE LIBERALLY CONSTRUED "SEC. 119. The provisions of this Act shall be construed liberally in order to effectuate its purposes. "TITLE II "VOTING UNDER STATE LAW FOR STATE AS WELL AS FEDERAL OFFICERS "POST CARDS "SEC. 201. In order to afford an opportunity for members of the armed forces to vote for Federal, State, and local officials and to utilize State absentee balloting procedures to the greatest extent possible, the Commission shall cause to be printed and delivered to the Secretaries of War and Navy an adequate number of post cards for use in accordance with the provisions of this title. The Secretaries of War and Navy shall, wherever practicable and compatible with military operations, cause such post cards to be made available, at appropriate times, upon request, to members of the armed forces located within the United States and, where State procedures can be effectively employed, to members of the armed forces located in other places. "Upon one side of the post card shall be printed the following: "Secretary of state or other appropriate official within the State of "Being in the armed forces of the United States, I hereby request an absentee ballot to vote in the coming (primary, general, or special) election. "(1) I am a citizen of the United States. "(3) For years preceding this election my home residence has been in the State of "(4) For years preceding this election my home residence has been in the (city, town, or village) of if any, or rural route) at (street and number, "(5) My voting district to the best of my knowledge is "(Commissioned officer writes here his name and rank) Upon the other side of the post card shall be printed the following: "FUNCTION OF POST CARDS "SEC. 202. Such post cards (and post cards provided under section 3 of this Act prior to its amendment) may be used, if State law permits, as applications for ballots under State absentee balloting laws, as applications for registration under State absentee balloting laws or as sources of information to implement State absentee balloting laws. No voter shall be precluded from voting under the provisions of title I of this Act by reason of any post-card application made under this title, unless such voter casts an absentee ballot. "INFORMATION REGARDING ELECTIONS "SEC. 203. The Commission shall, at appropriate times, furnish the Secretaries of War and Navy with any information received from a secretary of state as to the dates of elections in such State, including general, special, and primary elections. The Secretaries of War and Navy shall, whenever practicable and compatible with military operations, cause such information to be made available to members of the armed forces. "TITLE III "MISCELLANEOUS 66 AUTHORIZATION FOR APPROPRIATIONS "SEC. 301. (a) There are authorized to be appropriated such sums of money as may be necessary to carry out the provisions of this Act. "(b) The Commission shall certify to the Secretary of the Treasury for payment in advance or otherwise such sums as it estimates to be necessary to compensate State or local agencies for administrative expenses incurred under title I of this Act. The Secretary of the Treasury, through the Division of Disbursement of the Treasury and prior to audit or settlement by the General Accounting Office, shall pay the sums so certified. The use of such sums shall be properly accounted for, and any part in excess of that used to meet such administrative expenses shall be returned to the United States upon demand of the Commission. "(c) The transmission of all communications under titles I and II shall be free of postage, including air-mail postage, in the United States mails. "VOTING UNDER STATE LAW PERMITTED "SEC. 302. Nothing in this Act shall be deemed to restrict the right of any member of the armed forces of the United States or of any other person to vote in accordance with the law of the State of his residence, if he does not elect to vote in accordance with the provisions of title I of this Act. "SEPARABILITY "SEC. 303. If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons or circumstances shall not be affected thereby. "AMENDMENTS TO ACT OF AUGUST 2, 1939, AS AMENDED "SEC. 304. The Act of August 2, 1939, entitled 'An Act to prevent pernicious political activities', as amended (U. S. C., 1940 edition, title 18, secs. 61–61t; Supp. II, title 18, secs. 61h, 61u), is hereby amended by adding thereto the following new sections: "SEC. 22. It shall be unlawful for any officer of, or person employed in, the executive branch of the Federal Government, or any agency or department thereof, including the Army and Navy, to deliver or present or cause to be delivered or presented to persons in the armed forces of the United States any general communication, Government magazine, Government newspaper, motion-picture film, or other literature or material, or to make, or cause to be made, any broadcast to the armed forces of the United States, paid for in whole or in part with Government funds, or sponsored by the Government or any agency or department thereof, |