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.

"(b) 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 instructions for voting procedure to the Secretaries of War and Navy and to the Administrator of the War Shipping Administration.

"LISTS OF CANDIDATES

"SEC. 306. The secretary of state of each State shall furnish the Commission such information as the Commission shall request for compiling a list of candidates 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. "DISTRIBUTION AND COLLECTION OF BALLOTS FOR MEMBERS OF THE

ARMED FORCES AND OTHERS

"SEC. 307. (a) The Secretaries of War and Navy, insofar as practicable and compatible with military operations, shall cause ballots, envelopes, instructions for voting procedure and lists of candidates, promptly after receipt thereof from the Commission, 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, who desire to vote under this title, and shall cause executed ballots to be collected and transmitted to the secretaries of state of the several States.

"(b) Wherever practicable and compatible with military operations, the appropriate commanding officer shall be required—

"(1) to cause lists of candidates to be posted and otherwise made available at conspicuous and convenient places, and to cause copies of instructions for 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;

"(2) to use his best efforts to assure that every person in or attached to and serving with his unit, who is entitled and desires to vote under this title, has an opportunity to mark his ballot in secret before the latest date which should afford a reasonable opportunity for the return of executed ballots;

"(3) to destroy, as soon as practicable after the completion of voting within his unit, all official Federal war ballots in his custody remaining unused.

"(c) It shall be unlawful for any commissioned, noncommissioned, warrant, or petty officer in the armed forces of the United States (1) to attempt to influence any member of the armed forces to vote or not to vote for any particular candidate, or (2) to require any member of the armed forces to march to any polling place or place of voting, but nothing in this Act shall be deemed to prohibit free discussion regarding political issues or candidates for public office.

"DISTRIBUTION AND COLLECTION OF BALLOTS FOR THE MERCHANT MARINE

"SEC. 308. The Administrator of the War Shipping Administration shall cause ballots, envelopes, instructions for 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 transmitted to the appropriate secretaries of state or to appropriate representatives of the War and Navy Departments for such transmission. The Secretaries

of War and Navy shall arrange, so far as practicable, for the receipt of such ballots and their transmission to the appropriate secretaries of state 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.

"TRANSMISSION OF BALLOTS

"SEC. 309. (a) The Secretaries of War and Navy and other appropriate authorities shall, so far as practicable and compatible with military operations, take all reasonable measures to facilitate transmission, delivery, and return of ballots, envelopes, instructions for voting procedure, and lists of candidates, transmitted to and from persons to whom this title is applicable, whether transmitted by air or by regular mail. Ballots executed outside the United States shall be transmitted by air, whenever practicable and compatible with military operations.

"(b) The secretary of state of any State, upon receiving any ballot cast under this title, 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. Such officials shall take oath that they will not disclose to anyone (unless required by law) how any absentee shall have voted. Such officials shall determine that the oath required under sections 303 and 304 has been executed and that it is in order, pursuant to section 311, to open the official inner envelope; whereupon such officials shall compile a voting list of the names appearing on all such inner envelopes received from the secretary of state. 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. 310. (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 received, distributed, executed, and transmitted to the secretaries of state of the several States, together with any comments thereon or explanation thereof.

"(b) 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 Commission.

"VALIDITY OF BALLOTS

"SEC. 311. (a) The Commission 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 and this decision shall be final to the same extent as in the case of ballots cast by others in person. Votes cast under the provisions of this title shall be cast, 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 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 hour for the closing of the polls on 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. 312. 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. 313. The provisions of 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.

"TAKING OF POLLS PROHIBITED

'SEC. 314. (a) 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 ballot either under the provisions of this title or under any State law, with reference to his choice of or his vote for any candidate for any of the offices authorized to be voted for by the use of the aforesaid ballot nor state, publish, or release any result of any purported poll taken from or among the members of the armed forces of the United States or including within it the statement of choice for or of votes cast by any member of the armed forces of the United States for any of the offices authorized to be voted for by the use of the aforesaid ballot.

(b) The word 'poll' is defined as any request for information, either verbal or written, which by its language or form of expression requires or implies the necessity of an answer, where the request is made with the intent of compiling the result of the answers obtained, either for the personal use of the person making the request, or for the purpose of reporting the same to any other person, persons, political party, unincorporated association or corporation, or for the purpose of publishing the same orally, by radio, or in written or printed form.

"(c) Any person not a member of the armed forces of the United States who violates the provisions of this section, either within or outside of the United States, shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than one year, or both.

"APPROPRIATE STATE OFFICIALS

"SEC. 315. 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. 316. 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. 317. The provisions of this Act shall be construed liberally in order to effectuate its purposes.

"TITLE IV

"MISCELLANEOUS

"SEC. 401. There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

"SEC. 402. Post cards, ballots, and envelopes referred to in this Act shall be transmitted free of postage, including air-mail postage, in the United States mails.

"SEC. 403. As used in this Act

"(1) the term 'United States' used geographically includes only the territorial limits of the several States of the United States and the District of Columbia; and

(2) the term 'members of the merchant marine of the United States' means persons employed as officers or members of crews of vessels documented under the laws of the United States and persons enrolled for such employment with the United States War Shipping Administration, but does not include those in service or enrolled for service on the Great Lakes or the inland waterways.

"SEPARABILITY

"SEC. 404. 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.

"TITLE V

"AMENDMENTS TO ACT OF AUGUST 2, 1939, AS AMENded

"SEC. 501. The Act of August 2, 1939, entitled 'An Act to prevent pernicious political activities', as amended, is hereby amended by adding hereto 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 cause to be delivered to persons in the armed forces of the United States any general communication, Government magazine, Government newspaper, motionpicture 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 officer, agency, or department thereof, including the Army and Navy, containing political argument or political propaganda of any kind designed or calculated to affect the result of any election for President, Vice President, Presidential elector, Member of the Senate, or Member of the House of Representatives, except as hereinafter provided:

"(1) Nothing herein shall prohibit the rebroadcast over Government-controlled radio stations of any political address, but equal time must if requested be given for such purposes to representatives of each political party which has a candidate for President in at least six States in the current Presidential election.

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(2) Nothing herein shall prevent the distribution to members of the armed forces of books magazines, and newspapers which have a general circulation in the United States, or of servicemen's magazines or newspapers, or the presentation to members of the armed forces of motion-picture films, radio broadcasts, or rebroadcasts; but

"(a) the list of such magazines and newspapers of general circulation shall be determined in accordance with the preference of the members of the armed forces in some reliable method to be determined by the Secretary of War and the Secretary of the Navy;