The Director of FVAP administers the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) on behalf of the Secretary of Defense. UOCAVA, as amended by the Military and Overseas Voter Empowerment (MOVE) Act, requires States to transmit requested absentee ballots to UOCAVA voters no later than 45 days before a federal election. Those citizens protected by UOCAVA include:
FVAP assists voters through partnerships with the Military Services, Department of State, Department of Justice and election officials from 50 States, U.S. territories and the District of Columbia.
The Federal Voting Assistance Program (FVAP) works to ensure Service members, their eligible family members and overseas citizens are aware of their right to vote and have the tools and resources to successfully do so – from anywhere in the world.
Why is voting different for military members and their families? Voting in the U.S. is controlled and conducted by state governments who have various rules, whether it’s voting early, by absentee ballot or at local polls if a local voter is temporarily gone on election day. Military voting is different because extended or overseas absences can prevent service members from using normal state voting rules. A special law, called the Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA, requires that the states and territories allow certain groups to register and vote absentee in federal elections.
What if I am deployed?
While a few deploying or deployed members may be able to vote at their local polls prior to departure or will return in time to vote at their local polls, most deployed members must use the absentee voting process if they want to vote. Local briefings during deployment processing should encourage deploying members to take a copy of two voting forms with them: The SF-76, or Federal Post Card Application, and SF-186, or Federal Write-In Absentee Ballot. Base voting action officers (or unit voting assistance officer) and Personnel Support for Contingency Operations team members can help. PERSCO teams should also have copies of the SF-76 and SF-186. The SF-76 is available at the Federal Voting Assistance Program Website.
Who is eligible to vote under the UOCAVA law?
All members of the U.S. uniformed services (on active duty) including Merchant Marines, their family members and U.S. citizens residing outside the U.S.
Do all military members vote under the UOCAVA law or can I vote locally?
Military and family members stationed/working in their voting residence city and state, may vote locally at the polls or use their state’s absentee process. Each state has specific residency and voter registration requirements. State rules and most required forms can be found at the FVAP Web site by searching your “state name” and entering the words “voting” or “election.” Phone numbers for local election or voting offices can be found in a phone book’s “government offices” section. Even if it is not one’s home state, serviced members may vote in the state or territory where they are stationed if they change their legal residence to that state or territory. Even if service members live on a military installation, just registering to vote at their new location will often result in a change in legal residence. Because there are legal and tax obligations that may be incurred, people should visit their base legal office for advice on local and state tax policies. Voters using UOCAVA protections continue to remain voting and tax residents of their home state without regard to the places their duty has taken them.
Where is my “legal voting residence?”
For voting purposes, the “legal voting residence” can be the state or territory where the service member last resided prior to entering military service or the state or territory that a service member has since claimed as the legal residence. To claim a new legal residence, one must have simultaneous physical presence and the intent to return to that location as the primary residence. Military and family members can choose to change their legal residence every time they change permanent duty stations. Military members and their families can have different legal voting residences. A legal officer should be consulted before legal residence is changed because there are usually other factors, besides voting, that need to be considered. People (such as property owners) can claim residency even though they may no longer maintain formal ties to that former residence address. All related paperwork should list the former address because it is needed to place people in a proper voting district, ward, precinct or parish.
How do I vote by absentee ballot? Complete and mail the Federal Post Card Application Form (SF-76). Contact your installation voting assistance officer for more information.
Where do I get the form?
The SF-76 can be obtained from a unit voting officer or from a PERSCO team in deployed locations. It is also available online at the Federal Voting Assistance Program Website.
How do I complete and send the form?
Because many states have specific rules, follow the instructions in the Voting Assistance Guide, which is available from a voting officer, a PERSCO team member and on the FVAP Web site. Depending on the state, you can either mail or fax the SF-76 to their voting/election official. Although there is a deadline, some states allow late registration.
Since my family members are not in the military, can they vote absentee?
The law entitles eligible family members of military personnel to vote absentee. Family members are considered to be in the same absentee voter category as military members and generally should follow the same procedures. Family members of military personnel residing overseas, who are U.S. citizens and who have never resided in the U.S., usually claim a parent’s legal status as their own if that parent is a U.S. citizen.
Is more help available?
Yes. Contact your Installation Voting Assistance Officer at your local Airman [Military] & Family Readiness Center or the Unit Voting Assistance Officer assigned to your unit/squadron for assistance. If you’re unable to locate absentee voting information at your local installation:
Click on the following link: https://www.fvap.gov/
Call: 1-800-438-VOTE or DSN 425-1584 (CONUS)/312-425-1584 (OCONUS)
Sign up for email updates: http://public.govdelivery.com/accounts/USFVAP/subscriber/new