Order Code RS20764
Updated May 12, 2006
CRS Report for Congress
Received through the CRS WebSeptember 19, 2008
The Uniformed and Overseas Citizens
Absentee Voting Act: Background and Issues
Kevin J. Coleman
Analyst in American National Government
Government and Finance Division
Summary
Members of the military and U.S. citizens who live abroad are eligible to register
and vote absentee in federal elections under the provisions of the Uniformed and
Overseas Citizens
Absentee Voting Act (UOCAVA) of 1986. The law was enacted to
improve absentee
registration and voting for this group of voters and to consolidate
existing laws. Since
1942, severala number of federal laws have been enacted to assist these voters:
the Soldier
Voting Act of 1942 (amended in 1944), the Federal Voting Assistance Act
of 1955, the
Overseas Citizens Voting Rights Act of 1975 (both the 1955 and 1975 laws
were were
amended in 1978 to improve procedures), and the Uniformed and Overseas
Citizens Citizens
Absentee Voting Act of 1986. The law is administered by the Secretary of
Defense, who
delegates that responsibility to the Director of the Federal Voting
Assistance Program
at the Department of Defense (DOD).
Improvements to UOCAVA were necessary as the result of controversy
surrounding ballots received in Florida from military and overseas voters in the 2000
presidential election. Both the National Defense Authorization Act for FY2002 (P.L.
107-107; S. 1438) and the Help America Vote Act (P.L. 107-252; H.R.3295) included
provisions concerning military and overseas voting. The President signed P.L. 107-107
on December 28, 2001, and P.L. 107-252 on October 29, 2002. The Defense
Authorization Act for FY2005 amended UOCAVA as well, to ease the rules for use of
the federal write-in ballot in place of state absentee ballots. The act was signed by the
President on October 28, 2004. This report will be updated periodically to reflect new
developments.
Historical Overview
Several federal laws have been enacted since 1942 to enable those in the military
and and
U.S. citizens abroad to vote in federal elections. The original law, the Soldier Voting
Act Act
of 1942 (P.L.712-561), was enacted to guarantee federal voting rights for members
of the
armed forces during wartime. The law allowed members of the armed forces to vote
for for
presidential electors, and candidates for the U.S. Senate and House, whether or not
they they
were previously registered and regardless of poll tax requirements. The law provided
Congressional Research Service ˜ The Library of Congress for
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for the use of a postage-free, federal post card application to request an absentee ballot;
it also
instructed secretaries of state to prepare an appropriate number of “official war
ballots,”
which listed federal office candidates, as well as candidates for state and local
office if
authorized by the state legislature. The law “had almost no impact at all” as it
was was
enacted on September 16, only weeks before the November general election.1
Congressional authority to regulate state voting procedures expired once the war
ended, as the law noted that its provisions applied “in time of war.” 2 The Soldier Voting
Act of 1942 was amended in 1944. Under congressional war powers, the 1942 law
mandated procedures for the states to permit service members to vote, but the amended
law of 1944 recommended that states follow such procedures. The law was amended
again in 1946 to include technical changes.
In 1951, President Truman asked the American Political Science Association
(APSA) to study the military voting problem and make recommendations. APSA
completed its study in 1952 and the President endorsed the association’s legislative
recommendations, which were sent to Congress. Congress passed the Federal Voting
Assistance Act in 1955, which recommended, but did not guarantee, absentee registration
and voting for members of the military, federal employees who lived outside the U.S., and
members of civilian service organizations affiliated with the armed forces. The law was
amended in 1968 to include a more general provision for U.S. citizens temporarily
residing outside the U.S., expanding the number of civilians covered under the law. The
Overseas Citizens Voting Rights Act of 1975 guaranteed absentee registration and voting
rights for citizens outside the U.S., whether or not they maintained a U.S. residence or
address and their intention to return was uncertain.
Summary of the Law
The current law, the Uniformed and Overseas Citizens Absentee Voting Act (P.L.
99-410), was signed into law by President Reagan on August 28, 1986.3 It was amended
in 2002 by the Help America Vote Act (P.L. 107-252) and the National Defense
Authorization Act of 2002 (P.L. 107-107). The main provisions of the law require states
to do the following:
!
Permit absent uniformed services voters, their spouses and dependents,
and overseas voters who no longer maintain a residence in the U.S. to
register absentee (overseas voters are eligible to register absentee in the
jurisdiction of their last residence) and to vote by absentee ballot in all
elections for federal office (including general, primary, special, and
runoff elections). 4 The National Defense Authorization Act of 2002
1
U.S. Department of Defense, The Federal Voting Assistance Program, 11th Report,
(Washington: Dec.December 1977), p. 2.
2
P.L. 56-393, Sec. 1.
3
42 U.S.C.§1973ff-ff-6.
4
Sec. 107 (1). An absent uniformed services voter is defined as follows: a member of a
uniformed service on active duty or a member of the merchant marine who, by reason of such
(continued...)
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amended UOCAVA to permit a voter to submit a single absentee
application in order to receive an absentee ballot for each federal election
in the state during the year. The Help America Vote Act subsequently
amended that section of the law to extend the period covered by a single
absentee ballot application to the next two regularly scheduled general
elections for federal office. The Help America Vote Act also added a new
section that prohibits a state from refusing to accept a valid voter
registration application on the grounds that it was submitted prior to the
first date on which the state processes applications for the year.5
!
Accept and process any valid voter registration application from an
absent uniformed services voter or overseas voter if the application is
received not less than 30 days before the election. The Help America
Vote Act amended that section of the law to require a state to provide to
a voter the reasons for rejecting a registration application or an absentee
ballot request.6
Furthermore, the law recommends that states accept the federal write-in absentee
ballot for general elections for federal office (provided the voter is registered, has made
a timely request for a state absentee ballot, the absentee ballot has not arrived with
sufficient time to return it, and the ballot is submitted from outside the U.S. or its
territories).7
The law also stipulates that voting materials be carried “expeditiously and free of
postage.” 8 It recommends that states accept the Federal Post Card Application (FPCA)
from uniformed services voters, their spouses and dependents, and overseas voters to
allow for simultaneous absentee registration and to request an absentee ballot. While all
states and territories accept the FPCA, some require that a voter submit the state
registration form separately in order to be permanently registered. Other recommendations
in the law suggest that states:9
!
waive registration requirements for military and overseas voters who do
not have an opportunity to register because of service or residence;
4
(...continued)
active duty or service in the merchant marine, is absent from the place of residence where the
member is otherwise qualified to vote; and a spouse or dependent of a member of a uniformed
service or a member of the merchant marine who is absent from his or her place of residence
where he or she is otherwise qualified to vote, because of the active duty or service of the
member.
5
42 U.S.C.§1973ff-1(1), as amended by section 1606 (b) of the National Defense Authorization
Act of 2002, and subsequently, by section 704 of the Help America Vote Act of 2002.
6
42 U.S.C.§1973ff-1(2), as amended by section 707 of the Help America Vote Act of 2002..
7
42 U.S.C.§1973ff-1(3).
8
The United States Postal Service domestic mail manual notes that “To be mailable without
prepayment of postage, the balloting materials must be deposited at a U.S. post office, an
overseas U.S. military post office, or an American Embassy or American Consulate.”
9
42 U.S.C.§1973ff-3.
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!
send registration materials, along with an absentee ballot to be returned
simultaneously, if the FPCA is not sufficient for absentee registration;
!
expedite the processing of voting materials;
!
permit any required oath to be administered by a commissioned officer
in the military or by any official authorized to administer oaths under
federal law or the law of the state where the oath is administered;
!
assure mailing absentee ballots to military and overseas voters at the
earliest opportunity; and
!
provide for late registration for persons recently separated from the
military.
In addition to the amendments to UOCAVA mentioned above, the Help America
Vote Act of 2002 does the following:
!
requires the Secretary of Defense to establish procedures to provide time
and resources for voting action officers to perform voting assistance
duties; establish procedures to ensure a postmark or proof of mailing date
on absentee ballots; requires secretaries of the armed forces to notify
members of the last day for which ballots mailed at the facility can be
expected to reach state or local officials in a timely fashion; requires that
members of the military and their dependents have access to information
on registration and voting requirements and deadlines; and requires that
each person who enlists receives the national voter registration form;
!
amends UOCAVA to require each state to designate a single office to
provide information to all absent uniformed services voters and overseas
voters who wish to register in the state;
!
amends UOCAVA to require states to report the number of ballots sent
to uniformed services and overseas voters and the number returned and
cast in the election; and
!
amends UOCAVA to require the Secretary of Defense to ensure that state
officials are aware of the requirements of the law and to prescribe a
standard oath for voting materials to be used in states that require such
an oath.
The Defense Authorization Act for FY2002 also included provisions that (1)
required 1) required
an annual review of the voting assistance program and a report to Congress, 2) guaranteed
; (2)
guaranteed state residency for military personnel who are absent because of military duty, 3)
;
(3) continued the online voting pilot project begun for the 2000 elections,; and (4)
permitted 4) permitted
the use of DOD facilities as polling places if they had previously been used for that
that purpose since 1996 or were designated for use by December 2000.
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The Federal Voting Assistance Program
The Federal Voting Assistance Act of 1955 called for the President to designate the
head of an executive department to be responsible for and coordinate the federal functions
described in the law. President Eisenhower designated the Secretary of Defense, who
delegated the responsibility to the Assistant Secretary of Defense for Public Affairs, as
coordinator of the Federal Voting Assistance Program (FVAP). Under the current law,
the Director of the Federal Voting Assistance Program administers the FVAP for citizens
covered by the Uniformed and Overseas Citizens Absentee Voting Act. This office
publishes the Voting Assistance Guide, a compilation of state requirements and practices
with respect to the federal law (including information on possible tax liability incurred in
some states based on residence, as determined by voter registration). The FVAP office
also maintains a toll free phone number to provide assistance to voters and to military and
federal government personnel who are responsible for implementing the law; the office
also maintains a website [http://www.fvap.gov].
SERVE Internet Voting Program, 2004. The FVAP has administered an
experimental experimental
internet voting program, the Secure Electronic Registration and Voting
Experiment Experiment
(SERVE), for military and overseas citizens sincein the November 2000
election. Those
eligible to cast ballots via the Internet were voters whose legal residence
was in one of
fourteen participating counties in Florida, South Carolina, Texas, and Utah.
The pilot
project was limited to a total of 350 voters, of whom 84 cast absentee ballots
over the
Internet. The FVAP issued a June 2001 report evaluating the program. An
expanded expanded
version was in place in seven states for the 2004 elections, but it was cancelled
after a
report reviewing the program raised Internet security concerns. Among other
conclusions,
the report noted that because fundamental vulnerabilities exist with Internet
voting, a
successful cyber attack on the SERVE program could undermine the November
election.10
Current Issues and Legislation in the 110th Congress
Several bills to amend UOCAVA have been introduced in the 110th Congress. H.R.
2835 (Faleomavaega) would extend the law’s provisions to cover legislative and
gubernatorial elections in American Samoa. H.R. 4173 (Honda) would prohibit states
from requiring notarization of absentee ballots, broaden the use of the federal write-in
ballot, establish a grant program to inform overseas citizens about absentee voting, and
would require that overseas federal employees be informed about UOCAVA and to
include information about the law in U.S. passports. H.R. 4237 (Maloney) would prohibit
states from refusing to accept registration or ballot applications because they do not meet
nonessential requirements, would clarify postage markings on balloting materials, and
would amend the law concerning individuals who never lived in the U.S., notification of
rejection of registration or ballot applications, and the use of the diplomatic pouch to
transmit absentee ballots. H.R. 5673 (McCarthy) would require the Secretary of Defense
to collect marked absentee ballots from overseas uniformed services voters and to
guarantee their delivery to the appropriate election officials before the polls close. The bill
would also encourage the use of private providers of air transportation to deliver ballots,
which would allow individual voters to track the progress of their voted ballot. S. 1487
(Feinstein) would prohibit states from refusing to accept registration or ballot applications
10
The report may be found at [http://www.servesecurityreport.org/].
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because they do not meet nonessential requirements and would permit accepting a federal
write-in ballot from an overseas voter if it is submitted from a location in the United
States. No action has been taken on any of these measures.
In October 2007, the Overseas Vote Foundation (OVF) launched a website to assist
UOCAVA voters by providing a means to electronically register and request a ballot.11
The OVF, a nonpartisan, non-governmental entity, offers the necessary information to
complete the application process for each of the states, including a database of local
election officials to whom the applications must be delivered.
Reports on military and overseas voting in the 2006 election highlighted continuing
challenges faced by these voters, despite the efforts of the past several years to improve
voting rates. The GAO issued an evaluation of federal efforts to facilitate electronic
absentee voting in June 200712 and the EAC reported in September 2007 the results of its
survey of military and overseas voters after the 2006 election.13 According to the EAC
report, 33 percent of ballots requested by these voters were cast or counted in the election;
of those that were not counted, nearly 70 percent were returned to election officials as
undeliverable. GAO estimated that there are six million UOCAVA voters and its report
outlined a series of recommendations to DoD (the FVAP) and the EAC for electronic
solutions to overcome the obstacles posed by time and distance.
The Defense Authorization Act for FY2007, signed into law on October 17, 2006,
as P.L. 109-364, included a number of provisions on military and overseas voting. It
continued the Integrated Voting Assistance System (IVAS) for military voters and
employees of the Department of Defense through the 2006 elections and required reports
from the Comptroller General on IVAS and other efforts to utilize electronic mail,
facsimile transmission, and the Internet to facilitate registration and voting. The
Government Accountability Office (GAO) issued a report in September 2006, which
noted that two major challenges remained with respect to (1) simplifying and
standardizing absentee voting across the states, and (2) developing a secure electronic
registration and voting system.14
The Defense Authorization Act for FY2005, signed into law on October 28, 2004,
included a provision to permit members of the military on active duty in the U.S. and their
dependents to use the federal write-in ballot to vote absentee. Previously this group of
voters could use the write-in ballot only if they were out of the country. The law also
amended UOCAVA to alter the timing for using the ballot. Previously, a voter could use
the write-in ballot only if they had applied for a regular state absentee ballot and the state
received that application at least 30 days before the election. Now, states may set a
deadline closer to the election than 30 days, thus easing the rules for using the ballot.
11
The OVF website can be found at [https://www.overseasvotefoundation.org/overseas/
home.htm].
12
The GAO report may be found at [http://www.gao.gov/new.items/d07774.pdf].
13
The EAC report may be found at [http://www.eac.gov/clearinghouse/2006-uniformedand-overseas-citizens-voting-act-survey-and-conference-materials/]
14
The GAO report can be found at [http://www.gao.gov/htext/d061134t.html]
Current Issues
The Federal Voting Assistance Program conducted a post-election survey of voters
covered by UOCAVA in an effort to make improvements to the absentee voting process.
Participation was voluntary and anonymous, and respondents could complete the
questionnaire using a paper or web-based version. Survey results showed a 2004
participation rate of 80% for federal employees overseas, 79% for those in the uniformed
services, and 58% for U.S. citizens living abroad.10
The Defense Authorization Act for FY2005, signed by the President on October 28,
2004, included a provision that permitted members of the military on active duty in the
United States and their dependents to use the federal write-in ballot to vote absentee. The
law amended UOCAVA, which previously permitted this group of voters to use the writein ballot only if they were out of the country. A second change amended UOCAVA to
alter the timing for using the ballot. Previously, a voter could use the write-in ballot only
if they had applied for the state’s regular absentee ballot and the state received that
application at least 30 days before the election. Now, states may establish a deadline
10
Survey results can be found at [http://www.fvap.gov/services/17threport.html], accessed Jan.
25, 2006.
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closer to the election than 30 days to receive the absentee ballot application (thus easing
the rules for using of the write-in ballot).
In September 2004, the Election Assistance Commission issued a report on best
practices for administering the overseas voting law, including a recommendation that
states send out absentee ballots at least 45 days before the general election. Also in
September, the Federal Voting Assistance Program launched an Internet absentee ballot
retrieval system for members of the military and their family members, but many states
declined to participate and overseas citizens could not access the site, according to news
reports. Some states permit voters to request and return ballots by facsimile, but privacy
issues are a concern for those who cast their ballot in this manner.
In April, 2004, a General Accountability Office report highlighted problems with
mail delivery to troops serving in Operation Iraqi Freedom, which raised concerns about
military and overseas voting in the 2004 elections as well. Delays in overseas mail
delivery is a principal obstacle to participation for those in the military or those who live
abroad, because multiple steps may be required to register, request, and return an absentee
ballot.