What Is the Uniformed and Overseas Citizens Absentee Voting Act?

United States citizens who are overseas should have an equal say in elections. Federal laws allow overseas citizens to vote when they are outside the country. This includes service members and citizens working in other countries.

If you will be out of the country on Election Day, register to get an absentee ballot to mail in your vote from abroad. For more information about protecting your right to vote, talk to a voting civil rights attorney. 

Can Citizens Vote Outside the Country?

Millions of U.S. citizens live or work in countries worldwide. Overseas citizens outside the country have the right to vote in federal elections. This includes military servicemembers on active duty and stationed at overseas military bases. The right to vote is based on your citizenship status rather than if you have a U.S. address.

The Federal Voting Assistance Program (FVAP) administers the overseas voting program to ensure that overseas citizens and service members can vote. There are requirements to vote when outside the country. You have to request your overseas absentee ballot by the state deadline. You must also send in your ballot before the voting deadline for your vote to count.

What Federal Laws Protect Overseas Voter Rights?

The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is a federal law that allows citizens outside the country to vote in federal elections. Congress passed the UOCAVA in 1986. Although there were prior laws to assist these groups in voting, UOCAVA is a more comprehensive law.

UOCAVA was later amended by the Military and Overseas Voter Empowerment Act (MOVE). The MOVE Act requires state election officials to transmit absentee ballots to UOCAVA voters before the federal election.

The UOCAVA does not affect absentee voting rights in state or local elections. However, most state election administrations have similar laws for absentee voting in local elections.

Who Can Vote While Overseas?

UOCAVA extends absentee voting rights to members of the military, their families, and U.S. citizens living outside of the United States. Overseas voters include uniformed servicemembers on active duty. Members of the uniformed services include the United States military and other overseas officers, including:

• Army
• Navy
• Air Force
• Marine Corps
• Coast Guard
• Commissioned Corps of the Public Health Service
• Commissioned Corps of the National Oceanic and Atmospheric Administration

Eligible family members and members of the Merchant Marines are also able to vote.

How Do You Get an Absentee Ballot?

You can request an overseas absentee ballot online from FVAP.gov. Fill out the Federal Post Card Application (FPCA) and send it to your local election office. This acts as your voter registration and ballot request.

Federal law requires states to allow voters to get their ballots electronically. This includes email, fax, or online portal. It would be best to get your ballot at least 30 days before the election. To continue receiving an absentee ballot, you should send in a new FPCA each year, anytime you move.

What Is Your Voting Residence When Out of the Country?

States administer voter registration and elections. For overseas voting, you need to designate a U.S. voting residence. Your voting residence is generally the last address where you lived before leaving the country. To register to vote and get a ballot, you must comply with the voting requirements for the state where you had your last address.

Your U.S. voting residence is where you lived, even if you never intend to return to that address or that state. Contact your local election office if you have questions about your voting residence to get your overseas ballot.

Is There a Deadline for Overseas Voting Ballots?

There are deadlines for registering to vote and sending in your ballot. The registration deadline varies by state. Some states require mail-in registrations to be postmarked at least 30 days before Election Day. FVAP recommends sending in your FPCA at least 90 days before the general election.

If registered, you should get your ballot 45 to 30 days before the election. You can use the Federal Write-In Absentee Ballot (FWAB) if you don’t get your ballot before the election. The FWAB is a backup option for people who filled out an absentee ballot application but did not receive their ballot.

There are also deadlines for sending in your ballot. Election deadlines vary by state. All states accept mail-in ballots for qualifying overseas voters. The ballot generally has to be postmarked on or before Election Day. Check your state’s voting deadlines. Some states allow overseas voters to vote online.

How Can a Voting Rights Lawyer Help?

Voting is an important right, even when you are outside the country. Under federal law, U.S. citizens can get an overseas absentee ballot to vote in federal elections. However, voters still have to rely on state election offices to register and send out their ballots. If you need help registering to vote when outside the country, contact a local voting civil rights attorney for more information.