123STA T . 2323 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (i ii )theund e rly in gfac tual inf o r m ation w hich e xp lain s how the plan pro v ides such sufficient time tovoteasasu b stitute for such re q uirements . ‘‘( 2 ) AP P ROVAL O FW A I V E RRE QU E ST . — After consulting with the Attorney G eneral , the P residential designee shall approve a waiver request under paragraph ( 1 ) if the Presidential des - ignee determines each of the following requirements are met
‘‘(A) T he comprehensive plan under subparagraph ( D ) of such paragraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit mar k ed absentee ballots to the appropriate S tate election official in time to have that ballot counted in the election for F ederal office. ‘‘( B ) O ne or more of the following issues creates an undue hardship for the State: ‘‘(i) The State ’ s primary election date prohibits the State from complying with subsection (a)( 8 )(A). ‘‘(ii) The State has suffered a delay in generating ballots due to a legal contest. ‘‘(iii) The State C onstitution prohibits the State from complying with such subsection. ‘‘( 3 )TI M I NG OF WAIVER.— ‘‘(A) I N GENERAL.— E xcept as provided under subpara- graph (B), a State that requests a waiver under paragraph (1) shall submit to the Presidential designee the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Presidential designee shall approve or deny the waiver request not later than 65 days before such election. ‘‘(B) E XC EPTION.—If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Presi- dential designee the written waiver request as soon as practicable. The Presidential designee shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. ‘‘( 4 ) APPLICATION OF WAIVER.—A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election.’’. (b) R UNOFF ELECTIONS.—Section 102(a) of the U niformed and Overseas Citi z ens Absentee V oting Act (42 U.S.C. 19 7 3ff – 1(a)), as amended by subsection (a) and sections 577 and 578, is amended— (1) in paragraph (7), by striking ‘‘and’’ at the end
(2) in paragraph (8), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph: ‘‘(9) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed serv- ices voters and overseas voters in manner that gives them sufficient time to vote in the runoff election.’’. Deadlin e s.
