[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Rules and Regulations]
[Pages 53027-53029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20799]
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POSTAL SERVICE
39 CFR Part 111
Balloting Materials Postage
AGENCY: Postal ServiceTM.
ACTION: Final rule.
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SUMMARY: The Postal Service will revise Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) 703.8.0 to
require that all ballot types include in the balloting materials a
marking to indicate that the proper amount of postage must be paid and
the balloting materials must also indicate the specific amount of
postage for the return of ballots, unless mailed under certain
specified exceptions.
DATES: Effective date: October 7, 2013.
FOR FURTHER INFORMATION CONTACT: Steven Monteith at (202) 268-6983, or
Garry Rodriguez at 202-268-7281.
SUPPLEMENTARY INFORMATION: On May 2, 2013, the Postal Service published
a proposed rule (78 FR 25677-25678) inviting comments on revisions to
the standards for balloting materials. In response to this proposed
rule, the Postal Service received several comments that are summarized
and discussed below.
After considering the comments received, the Postal Service will
revise the DMM to require that the balloting materials for all types of
ballots, whether disseminated hardcopy or electronically, must indicate
in a prominent location the proper amount of First-Class Mail[supreg]
postage that must be paid. This information must be included in the
balloting materials (i.e., on the ballot, ballot instructions, mailing
instructions, or the envelope) with the marking ``First-Class Mail
postage must be applied.'' Alternatively, the marking ``Apply First-
Class Mail postage here'' could be printed in the upper right corner of
the address side of the envelope used by the voter to return the ballot
to election officials. The Postal Service will also accept approved
variations of the above markings.
Additionally, this final rule requires that the balloting materials
indicate in a prominent location the specific amount of First-Class
Mail postage required for the return of the ballot to election
officials.
The marking requirements will not apply to balloting materials that
meet one of the following exceptions:
The balloting materials are qualified under the special
exemption for military and overseas voting.
The ballot is returned under Business Reply Mail[supreg]
service.
Return postage is guaranteed through a postage due
account.
Postage on the ballot is prepaid by stamps, meter, or
Permit Reply Mail.
Comments and Discussion
The Postal Service received fourteen formal responses to the
proposed rule. Thirteen responses were received from State election
officials and one comment was received from a consumer. Several
responses included comments about more than one issue. Comments and
responses are as follows.
One commenter pointed out that in the preamble the word
``sufficient'' was included in the markings to indicate that the proper
amount of postage must be paid, but was omitted in the proposed text of
DMM 703.8.1.2. We regret any confusion, and note that the word
``sufficient'' will not be required in the markings required by the
final rule.
Some commenters indicated that they are already including different
variations of the proposed markings. The Postal Service appreciates
this proactive approach and will make the necessary changes to also
allow the use of approved versions.
One commenter questioned the requirement to indicate the specific
amount of postage required, based on the current use of
ForeverTM stamps. The value of a Forever stamp is widely
publicized as the current First-Class Mail single-piece 1-ounce price.
When a Forever stamp is used on a piece requiring postage greater than
the First-Class Mail single-piece 1-ounce price, additional postage
must be affixed.
Other commenters voiced practical concerns about the requirement to
indicate the specific amount of postage for the return of the ballot.
These concerns included the need to order election envelopes in bulk,
management of excess inventory, and the effect of annual price changes.
In response to these concerns, the definition of ``balloting
materials'' has been broadened to include ``mailing instructions.''
This will provide election officials an alternative to printing the
markings on the ballot, voting instructions, or return envelope.
Some commenters expressed concerns regarding the ability of
election officials to determine the specific postage required to return
the ballot. The amount of postage communicated to voters should be
based only on what is required to be returned. Local postal personnel
are available to work with election officials to determine the amount
of postage which should be applied.
[[Page 53028]]
One commenter suggested the use of a static URL or telephone number
in lieu of the proposed markings. We believe that placing the correct
postage due notification in a prominent location within the balloting
materials will have higher visibility and encourage voter compliance. A
link to an ancillary information source may be provided as a
supplement.
One commenter raised concerns over the ability to provide the
postage amount for the return of the ballot on electronic ballots that
are printed by the voter. The Postal Service recognizes the potential
for inconsistency when voters self-print ballots and use unspecified
paper and envelope configurations. The Postal Service recommends that
election officials include a supplementary notification specifically
directed to voters who self-print and return ballots, such as: ``Please
be sure to affix the correct amount of First-Class Mail postage when
returning ballots through the U.S. Mail.''
Some commenters suggested an exception to the proposed requirements
should be made based on an arrangement with the USPS[supreg] to pay for
all ballots returned with insufficient postage. The Postal Service
recognizes and appreciates the local partnerships that many election
officials have with the Postal Service. Therefore, we have included use
of a postage due account to pay postage due on all short-paid ballots
as an exception to the markings.
One commenter questioned the means of verification to ensure
compliance with the marking requirements. As part of the verification
procedure, mailers are required to provide a sample of balloting
materials to the Business Mail Entry Unit (BMEU) at the time of
mailing. If a sample is not provided, BME staff will contact the mail
provider or mail owner and request that the required sample be provided
to the BMEU the same day. To ensure consistency and provide clarity,
the requirement to provide a sample with each mailing will be added to
the DMM.
One commenter questioned the treatment of balloting materials that
do not comply with the marking requirements. The Postal Service will
actively assist election officials to comply with the applicable postal
laws and regulations governing mail preparation and mailability.
Information about USPS standards is available from postmasters, BME
managers, the Pricing and Classification Service Center manager, and
Postal Explorer[supreg] at pe.usps.com. Election officials also have
the option of using Business Reply Mail service or establishing a
``postage due'' account in lieu of using the markings.
Some commenters questioned the treatment of ballots returned with
insufficient postage. Generally, mail of any class received at either
the office of mailing or office of address without enough postage is
marked to show the total deficiency of postage and is delivered to the
addressee on payment of the charges marked on the mail. If ballots are
returned with insufficient postage, the Postal Service will deliver
these ballots to election officials and collect postage due from
election officials who accept delivery of short paid ballots. The
Postal Service recommends that all election officials have a postage
due account for the payment of postage due or use Business Reply Mail
service. If election officials decline to pay the postage due for short
paid ballots, the ballots will be handled under the standards provided
in DMM 604.8.0.
One commenter stated that implementation of the new standards would
lead not only to increased printing costs, but also to voter
disenfranchisement. To the contrary, the Postal Service anticipates
that the new standards will improve the vote-by-mail process for all
participants, and thus encourage an increase in voter participation.
While some election officials have arrangements in place to process
ballots with insufficient postage, many do not. Since each election
cycle presents a different set of parameters for ballot creation and
for the size and weight of the mail piece, we believe that voters need
to be better informed of the correct postage required to return a
ballot by mail. Informing voters will enhance the vote-by-mail process:
[ssquf] Voters will know what postage is required to return their
ballot and will be more likely to apply the correct First-Class Mail
postage.
[ssquf] Election officials will incur less expense to pay the
postage due on returned ballots.
[ssquf] The Postal Service will be able to process ballots in a
timely manner and expedite their return to election officials, without
the added delay and expense of calculating and collecting postage due.
In sum, the requirement to inform the voter about the correct postage
required to return a ballot by mail has numerous benefits. The design
and prominent placement of the notification will assist in this
process. Election officials will have several options for compliance,
including the choice to establish a postage due or Business Reply Mail
account and can select the one they believe is the easiest and least
costly to implement.
One commenter inquired regarding the treatment of matter sent as
Free Matter for the Blind and Other Physically Handicapped Persons.
Subject to the standards in DMM 703.5.0, acceptable matter sent to the
blind or other physically handicapped persons may be entered as
domestic mail free of postage. Under DMM 703.5.2, reading matter in
braille or 14-point or larger sightsaving type is considered acceptable
matter subject to opening and inspection by the USPS. In accordance
with DMM 703.5.3 matter may also be mailed free of postage by blind or
other physically handicapped persons. This matter includes unsealed
letters in braille or in 14-point or larger sightsaving type containing
no advertising. Where requested, the Postal Service will cooperate with
election officials regarding any modification of the vote-by-mail
process to accommodate the needs of blind or other physically
handicapped voters.
Some additional comments were received, generally pertaining to
mail classification, pricing, special exemptions, delivery, and postage
payment methods. These comments have been deemed by the Postal Service
to be beyond the scope of this rule.
In addition, based on subsequent communication with election
officials, the Postal Service has revised its original proposal to
include the prepayment of postage by stamps, meter, or Permit Reply
Mail, as an additional exception to the marking standards.
The Postal Service adopts the following changes to Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), incorporated by reference in the Code of Federal Regulations.
See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 111 is amended as follows:
PART 111--[AMENDED]
0
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
0
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), as follows:
* * * * *
[[Page 53029]]
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
700 Special Standards
[Revise the heading of 703 as follows:]
703 Nonprofit Standard Mail and/or Other Unique Eligibility
* * * * *
[Revise the heading of 8.0 as follows:]
8.0 Balloting Materials
[Renumber 8.1 and 8.2 as 8.2 and 8.3. Add new 8.1 as follows:]
8.1 Basic Standards
8.1.1 Definition
Balloting materials include postcard applications, all ballot
types, voting instructions, mailing instructions, and return envelopes.
8.1.2 Exceptions to Standards
An exception to the marking and verification standards in 8.1.3
through 8.1.5 is granted for one of the following reasons:
a. Ballots are mailed under 8.2, Special Exemption.
b. Ballots are returned under 505.1.0, Business Reply Mail.
c. A postage due account has been established to guarantee the
payment of return postage.
d. Prepayment of return postage is made by stamps, meter, or Permit
Reply Mail.
8.1.3 Postage
Except for ballots meeting one of the exceptions under 8.1.2,
balloting materials for any election, whether disseminated hardcopy or
electronically, must indicate in a prominent location that the proper
amount of postage must be paid. This information must be included in
the balloting materials with the marking ``First-Class Mail postage
must be applied.'' Alternatively, the marking ``Apply First-Class Mail
postage here'' may be printed in the upper right corner of the address
side of the return envelope. Approved versions will also be acceptable
in either location. Election officials should consult with postal
officials to assist with mailpiece design, barcode placement, and to
determine the proper amount of postage required for mailing ballots to
voters and the return of ballots to election officials.
8.1.4 Notification of Postage Requirement on Return Ballots
Except for ballots meeting one of the exceptions under 8.1.2, all
ballot types for any election, whether disseminated hardcopy or
electronically, must indicate in a prominent location on the balloting
materials the specific amount of First-Class Mail postage required for
return by mail to election officials.
8.1.5 Verification
Except for ballots meeting one of the exceptions under 8.1.2, each
mailing must be accompanied by a complete sample mailpiece.
[Revise the heading of renumbered 8.2 as follows:]
8.2 Special Exemption
8.2.1 Definition
[Revise the introductory text of renumbered 8.2.1 as follows:]
Balloting materials may be sent through the mail without prepayment
of postage to enable persons in the following categories to apply for
registration and vote by absentee ballot when absent from the place of
voting residence and otherwise eligible to vote as an absentee:
* * * * *
[Delete renumbered heading 8.3, Marking, and renumber 8.3.1 as 8.2.5,
Exhibit 8.3.1 as Exhibit 8.2.5, 8.3.2 as 8.2.6, Exhibit 8.3.2 as
Exhibit 8.2.6, and 8.3.3 as 8.2.7.]
* * * * *
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes.
Stanley F. Mires,
Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2013-20799 Filed 8-27-13; 8:45 am]
BILLING CODE 7710-12-P