The Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA") was enacted by Congress in 1986. The UOCAVA requires that the states and territories allow certain groups of citizens to register and vote absentee in elections for Federal offices. In addition, most states and territories have their own laws allowing citizens covered by the UOCAVA to register and vote absentee in state and local elections as well.
United States citizens covered by the UOCAVA include:
The Secretary of Defense has administrative responsibilities for the UOCAVA. Within the Department of Defense, the Secretary has assigned these responsibilities to the Federal Voting Assistance Program (FVAP). The FVAP actively monitors the voter registration and absentee voting opportunities provided to members of the Armed Forces. It works closely with the States to assure that members of the Armed Forces have a full opportunity to participate in Federal elections.
The FVAP maintains a website where you will find detailed information about overseas voting procedures and materials, including instructions for obtaining and using the Federal Post Card Application (FPCA), which is a postage-free postcard, printed and distributed by the FVAP for use by absentee voters covered by UOCAVA. The website also provides information about using the Federal Write In Absentee Ballot. You can also contact the FVAP at:
Director, Federal Voting Assistance Program
Department of Defense
Washington Headquarters Services
1155 Defense
Washington, D.C. 20301-1155
E-mail: vote@fvap.ncr.gov
U.S. Toll-free: (800) 438-8683
Fax: (703) 588-0108, DSN Fax 425-0108
Link to the Election Assistance Commission's UOCAVA Best Practices adopted September 14, 2004.
Link to the FVAP UOCAVA/HAVA Interpretive Memo adopted August 2003.
Under Section 105 of the Act, the Attorney General is authorized to bring civil actions to enforce its requirements. The Attorney General has assigned this enforcement responsibility to the Civil Rights Division.
The Civil Rights Division typically brings enforcement actions after FVAP notifies it that absentee ballots for overseas voters have been mailed so late that there is a substantial risk that some overseas voters will not be able to return them by the deadline established by State law. Since UOCAVA was enacted in 1986, the Civil Rights Division has brought numerous enforcement lawsuits.
In addition, between 1976 and 1986, the Division brought 12 enforcement lawsuits under predecessor legislation, the Overseas Citizens Voting Rights Act of 1975, and the Federal Voting Assistance Act of 1955, both of which have been repealed.The Department, in an effort to avoid the necessity of litigation, has taken steps to ensure that states are aware of their obligation under UOCAVA. To that end, the Department (in some cases in conjunction with the Department of Defense) has sent letters to the chief election officials of each state.