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1 [1] (April 11, 2025)

handle is hein.crs/aevtgfumd0001 and id is 1 raw text is: Congressional Research Service Inforrning the legislative debate since 1914 Updated April 11, 2025 Absentee Voting for Uniformed Services and Overseas Citizens: Roles and Process, In Brief 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. Overview ofthe Current Statute 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. Federal Responsibilities Highlights of current federal government UOCAVA responsibilities include the following. * A 1988 executive order designates the Secretary of Defense to administer UOCAVA. Currently, daily responsibility for doing so rests with the Federal Voting Assistance Program (FVAP) and that office's Director. FVAP administers military and civilian aspects of the statute. * UOCAVA requires the FVAP Director to coordinate with the U.S. Postal Service to develop procedures to expedite delivery of delivery of completed ballots in time for those ballots to be counted, provided that they are received for transmission at least seven days before the election. Referencing postal law (39 U.S.C. §3406), UOCAVA requires balloting materials to be transmitted postage-free. Voters may be responsible for covering the cost of foreign postage or a commercial carrier, if applicable. * The U.S. Department of Justice (DOJ) may enforce compliance with UOCAVA through litigation. * FVAP prescribes the Federal Post Card Application (FPCA) and Federal Write-In Absentee Ballot (FWAB), discussed below. * FVAP consults with and educates state, territorial, and local election officials about their obligations under the act, and provides information to covered voters. State Responsibilities 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. * States must permit UOCAVA voters to vote and use absentee registration procedures in federal elections. * States must accept and process voter registration and absentee ballot applications, if the voter makes a valid request at least 30 days before the election. * States must transmit absentee ballots to UOCAVA voters no later than 45 days before a federal election, if the voter makes a valid request that is received at least 45 days before the election. * States must transmit absentee ballots per state law, ifthe voter makes a valid request less than 45 days before a federal election, and, if practical, at state discretion, in a manner that expedites the transmission. * States must establish procedures for transmitting ballots by mail and electronically, and must provide UOCAVA voters with an option to designate a preferred transmission method. States must send blank ballots electronically (or make them available online) at the voter's request. * Because UOCAVA voters may print election materials themselves, states may not reject otherwise validly completed Federal Write-In Absentee Ballots solely because they do not comport with a state's requirements for envelopes, paper weight, or notarization. Voters the Statute Covers 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; ittps://Crsreports.congress.gt S

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