Watson v. Republican National Committee · ¶33

UOCAVA requires States to permit absent military and overseas voters to cast absentee ballots in federal elections. 52 U. S. C. §20302(a)(1). As a backup, it establishes a federal absentee voting system. In detailing this system, UOCAVA repeatedly presupposes that ballot receipt is a matter of state law. For example, it specifies that a federal absentee ballot shall not be valid if the State provides an absentee ballot “at least 60 days before the deadline for receipt of the State ballot under State law.” §20303(e)(2). It also mandates that the ballots of overseas military voters be delivered “to the appropriate election officials” “not later than the date by which an absentee ballot must be received in order to be counted in the election.” §20304(b)(1). Finally, to avoid any double counting, UOCAVA provides that federal absentee ballots “shall not be counted” if a State receives the…

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