Members of the military, their families, and overseas U.S. citizens face unique voting challenges. These can include delays in receiving or transmitting balloting materials; uncertainty about voter eligibility; and varying state, territorial, and local requirements. This CRS In Focus provides congressional readers with an overview of the federal statute designed to aid these voters, and their typical registration and voting process. It does not contain legal analysis and is not intended to provide guidance to individual voters.
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA; 52 U.S.C. §§20301-20311) is the only federal statute devoted specifically to voting access for members of the military and other uniformed services, and other overseas citizens. (Other federal elections and voting statutes not covered in this CRS product also could have implications for these voters.) Congress enacted UOCAVA in 1986 and most recently substantially amended the statute in 2009, through provisions in the FY2010 National Defense Authorization Act (NDAA; P.L. 111-84). The 2009 language (Title V, Subtitle H of the NDAA) was titled the Military and Overseas Voter Empowerment (MOVE) Act.
UOCAVA is designed to make it easier for uniformed servicemembers and overseas citizens to register and vote in federal elections, provided that they are otherwise qualified to do so. Perhaps most notably, UOCAVA requires states and some other jurisdictions (discussed below) to permit covered voters to register to vote absentee, and requires the federal government to expedite transmission of completed ballots.
Highlights of current federal government UOCAVA responsibilities include the following.
Highlights of current state government UOCAVA responsibilities include the following, assuming that voters are eligible to register and cast ballots. Exemptions can apply in specific circumstances.
UOCAVA covers two groups of citizens: one that is primarily members of the military and the other that is primarily private citizens. The statute classifies these as (1) absent uniformed services voters and certain dependents; and (2) overseas voters. In both cases, UOCAVA covers only certain voters who are away from their voting residence (discussed below) on Election Day because of their active-duty status, or, for overseas citizens, who are outside the United States.
Absent uniformed services voters are primarily active-duty military members who are away from their voting residence, even if they are stationed inside the United States. These include members of the U.S. Air Force, Army, Coast Guard, Marine Corps, and Navy. (UOCAVA predates establishment of the U.S. Space Force. A 2021 rulemaking specifies that FVAP regards UOCAVA as including the Space Force in the covered uniformed services definition.) Several states have chosen to extend UOCAVA protections to their National Guard members who are on active-duty status under state orders.
Overseas voters who are not covered by the uniformed services voter definition, but who are covered by UOCAVA, include those Americans who reside abroad but who remain eligible to vote in their U.S. voting residence (e.g., federal employees stationed in foreign countries, students studying abroad, U.S. citizens who live abroad, etc.).
The UOCAVA state definition includes the 50 states, the District of Columbia, and the territories of American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands. The statute does not cover the Commonwealth of the Northern Mariana Islands (CNMI). (There were no federal elections in the territory when Congress enacted UOCAVA.)
Per the U.S. Constitution and federal law, and federalism principles, states have the initial and principal responsibility for administering federal elections. UOCAVA requires those jurisdictions to provide the protections noted herein to covered voters. It does not otherwise change the way in which states, territories, and localities administer elections. Election jurisdictions remain responsible for communicating with voters; establishing registration and voter eligibility requirements (consistent with relevant federal law, such as the Voting Rights Act); and counting ballots.
The location in which the voter registers and casts a ballot generally is called the "voting residence." This location varies depending on a voter's individual circumstances. Often, it is the permanent U.S. address at which the voter is eligible to vote, or the last U.S. location in which the person lived (was "domiciled") and was eligible to vote before moving to the current duty station or moving abroad. Importantly, casting a ballot in state or local elections can have tax and other legal residency implications that are beyond the scope of this CRS product, but that may be relevant for individual voters.
Like traditional absentee voting, UOCAVA voting typically involves three major steps: (1) registering to vote; (2) requesting an absentee ballot; and (3) returning an absentee ballot. Because individual processes vary by state, election jurisdictions typically conduct specific outreach to UOCAVA voters. FVAP, military services, and U.S. embassies and consulates also conduct educational and outreach campaigns for UOCAVA voters. In addition, UOCAVA requires FVAP to establish an online database of state-specific information for registering to vote and requesting an absentee ballot (see https://www.fvap.gov/).
UOCAVA prescribes the Federal Post Card Application (FPCA) for covered-voter registration, updating voter contact information, and requesting an absentee ballot in a single step. FVAP administers producing the FPCA and makes copies available in print and online.
Normally, UOCAVA voters receive and return the same absentee ballot as other voters in the jurisdiction. A UOCAVA voter registered in St. Louis County, Missouri, for example, typically would receive and vote a St. Louis County ballot, complete with federal, state, and local races, ballot initiatives, etc. In addition, UOCAVA specifies a Federal Write-In Absentee Ballot (FWAB) as an emergency "back-up" for federal contests. Voters may use the FWAB if their state ballot does not arrive in time to cast a vote, or if the completed ballot is not received at the election jurisdiction. UOCAVA generally requires (unless states receive approval for their own absentee ballots) that states accept the FWAB for elections for federal office.
Voters generally may return completed absentee ballots or FWABs by mail, commercial carrier (e.g., FedEx or UPS), or fax. Depending on a voter's location, mail transmission can involve handling by the U.S. Postal Service, the Military Postal Service Agency (MPSA), or a foreign postal service. Some states permit UOCAVA voters to return scanned ballots by email or online portal. Fax and online transmission typically requires the voter to sign a waiver acknowledging that traditional ballot secrecy cannot necessarily be maintained. Completed UOCAVA ballots must be transmitted expeditiously, postage-free, if using U.S. mail.