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ing residence has established enabling laws and procedures.

(d) Generally, absentee voting should be offered whenever local conditions are such that voters are able to prepare, send and receive personal material. However, a determination by those administering the absentee voting program

voting assistance cannot be ren dered because it is impractical and incompatible with military or Federal governmental operations shall be conclusive, if this determination is made in good faith. (See section 1474 of the Act.)

(e) Absentee voting procedures shall be prescribed in such a manner as to safeguard the integrity and secrecy of the ballot. In addition, all necessary steps shall be taken to prevent fraud and to protect voters against coercion of any sort.

(1) No commissioned, noncommissioned, warrant, or petty officer in the Armed Forces shall attempt to influence any member of the Armed Forces to vote or not vote for any particular candidate, or to require any member of the Armed Forces to march to any polling place or place of voting. (See section 1475 of the Act.)

(2) However, nothing in subparagraph (1) of this paragraph shall be deemed to prohibit free discussion regarding political issues or candidates for public office. (See enclosure 2 of DOD Directive 1344.10.1)

(3) No person within or without the Armed Forces of the United States shall poll any member of such forces, either within or without the United States, either before or after he shall have executed any State absentee ballot with reference to his choice of or his vote for any candidate for any of the officers authorized to be voted for by the use of the aforesaid ballot. (See enclosure 2 of DOD Directive 1344.10.-)

(4) The provision in subparagraph (3) of this paragraph shall not preclude the conducting of surveys for statistical compilations necessary to measure the extent of participation in absentee voting by Department of Defense personnel. § 1602.5 Responsibilities.

(a) The Assistant Secretary of Defense (M&RA), as the Federal Coordinator, will —

(1) Arrange for other Federal agencies to administer the absentee voting program in overseas areas, particularly where there are large concentrations of voters including those described in $ 1602.3(a) (5).

(2) Collect and place requisitions with the General Services Administration for printing absentee voting post cards.

(3) Be the sole DOD representative for obtaining from each State current absentee voting information and disseminate it to other Executive departments and agencies concerned. (In this regard, unless directed by ASD (M&RA) DOD components and participating departments and agencies shall not contact State voting officials about absentee voting matters.)

(4) Insure that informational materials on absentee voting are disseminated throughout DOD components. To the extent practical, informational material prepared by the Department of Defense shall also be made available to other Executive agencies having absentee voting responsibilities.

(5) Designate a day in late September of each election year as Armed Forces Voters' Day for the purpose of encouraging military members and their dependents to exercise their prerogative to vote by absentee ballot.

(6) Prepare a report to the President and to the Congress on the absentee voting program in odd-numbered years as required by section 1461 of the Act.

(7) Prepare a standard set of sample survey questions to be used by all Military Services in the gathering of past election statistics necessary for the report mentioned in § 1602.4(e).

(b) DOD components shall

(1) Assist all members in determining their legal residence.

(2) Designate an adequate number of qualified personnel to provide advice and assistance to voters in determining the voting age requirements for a particular election, and in the registering and casting of absentee ballots. They shall assist in filling out the Federal Post Card Application, and the registration application, if applicable, and administer oaths in accordance with the pertinent voting instructions. (See section 1452 and 1464 of the Act for a description of the balloting procedures and the Federal Post Card Application.)

(3) Expedite the transmission, handling, and delivery of absentee voting

1 Filed as part of original. Copies available from Naval Publications and Forms Center, 5801 Taber Avenue, Philadelphia, PA 19120, Code 300.

mail. Subject to overriding military operations, it shall be airmailed, and when originating overseas, it shall be sent by priority mail.

(4) Place requisitions for the Federal Post Card Application with the office designated by the ASD(M&RA) and distribute applications for absentee registration and ballots to military and civilian personnel members of the Department of Defense. (For all Federal elections this material shall be handdelivered to the voters described in $ 1602.3(a) (1) and (2), not later than August 15 if outside the territorial limits of the United States, and not later than

September 15 if inside the territorial limits of the United States.)

(5) Encourage military bases, posts and installations to observe, to the extent compatible with military operations, special ceremonies, and activities to emphasize the responsibility for voting. This special observance will be held in conjunction with Armed Forces Voters' Day.

(6) Prescribe procedures for notifying State election officials when any person executing a Federal Post Card Application is serving a prison sentence in order that the State election officials may determine whether the offense for which he has been convicted affects his eligibility to vote.


Part 1700

Employee responsibilities and conduct.


BILITIES AND CONDUCT Sec. 1700.735–101 Adoption of regulations. 1700.735–102 Review of statements of em.

ployment and financial in

terests. 1700.735–103 Disciplinary and other reme

dial action. 1700.735–104 Gifts, entertainment, and fa

vors. 1700.735–105 Outside employment. 1700.735–108 Specific provisions of com

mission regulations governing special Government em

ployees. 1700.735–109 Statements of employment

and financial interest. AUTHORITY: The provisions of this part 1700 issued under E.O. 11222; 3 CFR, 19641965 Comp.; 5 CFR 735.101, et seq.

SOURCE: The provisions of this Part 1700 appear at 33 F.R. 4615, Mar. 16, 1968, unless otherwise noted. § 1700.735–101 Adoption of regula

tions. Pursuant to $ 735.104(f) of this title, the Advisory Commission on Intergovernmental Relations (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of this title, Code of Federal Regulations: $$ 735.101, 735.102, 735.2012, 735.202 (a), (d), (e), (f)-735.210, 735.302, 735.303(a), -735.304, 735.305(a), 735.403(a), 735.404 -735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.

$ 1700.735-102 Review of statements

of employment and financial inter

ests. Each statement of employment and financial interests submitted under this part shall be reviewed by the Executive Director. When this review indicates a conflict of interest of an employee or special Government employee of the Commission and the performance of his services for the Government, the Executive Director shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the Executive Director shall forward a written report on the indicated conflict to the Chairman, Advisory Commission on Intergovernmental Relations. $ 1700.735–103 Disciplinary and other

remedial action. An employee or special Government employee of the Commission who violates any of the regulations in this part or adopted under $ 1700.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to, or in lieu of, disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties; applicable to employees set forth in this

(b) Divestment by the employee of part and adopted under $ 1700.735–101, his conflicting interests; or

except that $ 735.203(b) of this title is (c) Disqualification for a particular not applicable to a special Government assignment.

employee. $ 1700.735–104 Gifts, entertainment,

(c) Pursuant to § 735.305(b) of this and favors.

title, the Commission authorizes the

same exceptions concerning gifts, enThe Commission authorizes the excep

tertainment, and favors for special Govtions to $ 735.202(a) of this title set forth

ernment employees as are authorized for in & 735.202(b) (1)-(4) of this title.

employees by $ 1700.735–104. § 1700.735–105 Outside employment. $ 1700.735-109 Statements of employ(a) An employee of the Commission

ment and financial interests. may engage in outside employment or (a) In addition to the employees reother outside activity not incompatible

quired to submit statements of employwith the full and proper discharge of the ment and financial interests under duties and responsibilities of his Govern § 735.403(a) of this title, employees in ment employment. An employee who en the following named positions shall subgages in outside employment shall report mit statements of employment and fithat fact in writing to his supervisor.

nancial interest to the Executive (b) Employees and special Govern

Director. ment employees of the Commission may

Assistant Director, Taxation and Finance. engage in teaching, writing, and lectur

Assistant Director, Governmental Structure ing provided, however, employees and

and Functions. special Government employees shall not

Assistant Director, Program Implementation. receive compensation or anything of monetary value for any consultation, dis

(b) The statement of employment and cussion, writing, lecturing, or appearance

financial interest required by this secthe subject matter of which is devoted tion shall be submitted by the Executive substantially to the specific responsibili Director to the Chairman of the Comties, programs, or operations of the Com- mission. mission, or which draws substantially on (c) An employee who believes that his official data or ideas which have not been position has been improperly included in published or otherwise publicly released

this section as one requiring the submisby the Commission. The foregoing limi

sion of a statement of employment and tation on the receipt of compensation or

financial interests may obtain a review anything of monetary value shall not be

of his complaint under the agency's construed as applying to amounts received for reimbursement for travel and

grievance procedure. other expenses incurred in performing

(d) A statement of employment and the outside employment.

financial interest is not required under

this part from Members of the Commis§ 1700.735–108 Specific provisions of

sion. Members of the Commission are Commission regulations governing special Government employees.

subject to 3 CFR 100.735–31 and are

required to file a statement only if re(a) The term "special Government

quested to do so by the Counsel to the employee" as used in this part means

President. an officer or employee who is retained, designated, appointed, or employed by

NOTE: Notwithstanding the filing of the the Commission to perform, with or with

annual supplementary statement required by out compensation, for not more than

5 CFR 735.406, each employee shall at all

times avoid acquiring a financial interest 130 days during any period of 365 con

that could result, or taking an action that secutive days, temporary duties either

would result, in a violation of the conflictson a full-time or intermittent basis. of-interest provisions of section 208 of title

(b) Special Government employees 18, United States Code or the regulations in shall adhere to the standards of conduct this part or adopted under $ 735.101.

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