Sec. 1973ff-2. Federal write-in absentee ballot for overseas voters in general elections for Federal office

(a) In general
The Presidential designee shall prescribe a Federal 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 subchapter, 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
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 election official that the voter has submitted more than one ballot.

(e) Use of approved State absentee ballot in place of Federal
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 August 28, 1986, 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 1973ff-6(5)(A) of this title 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 1973ff-6(5)(B) or (C) of this title,
as soon as the official list of candidates in the general
election is complete.