The Uniformed and Overseas Citizens Absentee Voting Act
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.
PROVISIONS OF THE UOCAVA
United States citizens covered by the UOCAVA include:
- members of the United States Uniformed Services and merchant marine;
- their family members; and
- United States citizens residing outside the United States.
The UOCAVA provides for a "back-up" ballot, called the Federal Write-In Absence Ballot (FWAB),
which can be used by citizens covered by the Act in federal general elections. The FWAB may
be cast by voters who have made a timely application for but have not received their
regular ballot from the state or territory, subject to certain conditions. A federal write-in
ballot will not be counted if:
- in the case of an overseas voter who is not an absent uniformed services voter,
if it is submitted from any location within the United States;
- if the application for a regular ballot is received by the local election
official after 30 days before the general election, or after the state deadline for receipt of
the ballot, whichever is later; or
- if a State absentee ballot is received by the local election official by
the State's deadline for receipt of the regular ballot.
The FWAB is available at military installations and embassies worldwide, and an official
on-line version of this ballot and information and instructions about it are available on
the FVAP website.
ADMINISTRATION OF THE UOCAVA
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
UOCAVA Best Practices from the Election Assistance Commission
Link to the Election Assistance Commission's
UOCAVA
Best Practices adopted September 14, 2004.
Federal Voting Assistance Program
Link to the FVAP
UOCAVA/HAVA Interpretive Memo adopted August 2003.
ENFORCEMENT OF THE UOCAVA
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.
- Letter dated November 9, 2004 to the District Court for the Southern District of Florida
concerning UOCAVA.
(HTML) (PDF)
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.
- Letter dated August 19, 2008 to the States outlining their responsibilities as related to the UOCAVA.
(PDF)
- Letter dated October 29, 2004 to the States regarding changes in absentee ballot rules for
Uniformed Services and Overseas Voters.
(HTML) (PDF)
Updated July 25, 2008