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The Uniformed and Overseas Citizens Absentee Voting Act

The Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA") was enacted by Congress in 1986. The UOCAVA requires that the states and territories allow certain groups of citizens to register and vote absentee in elections for Federal offices. In addition, most states and territories have their own laws allowing citizens covered by the UOCAVA to register and vote absentee in state and local elections as well.

PROVISIONS OF THE UOCAVA

United States citizens covered by the UOCAVA include:

  • members of the United States Uniformed Services and merchant marine;
  • their family members; and
  • United States citizens residing outside the United States.
The UOCAVA provides for a "back-up" ballot, called the Federal Write-In Absence Ballot (FWAB), which can be used by citizens covered by the Act in federal general elections. The FWAB may be cast by voters who have made a timely application for but have not received their regular ballot from the state or territory, subject to certain conditions. A federal write-in ballot will not be counted if:
  1. in the case of an overseas voter who is not an absent uniformed services voter, if it is submitted from any location within the United States;
  2. if the application for a regular ballot is received by the local election official after 30 days before the general election, or after the state deadline for receipt of the ballot, whichever is later; or
  3. if a State absentee ballot is received by the local election official by the State's deadline for receipt of the regular ballot.

The FWAB is available at military installations and embassies worldwide, and an official on-line version of this ballot and information and instructions about it are available on the FVAP website.

ADMINISTRATION OF THE UOCAVA

The Secretary of Defense has administrative responsibilities for the UOCAVA. Within the Department of Defense, the Secretary has assigned these responsibilities to the Federal Voting Assistance Program (FVAP). The FVAP actively monitors the voter registration and absentee voting opportunities provided to members of the Armed Forces. It works closely with the States to assure that members of the Armed Forces have a full opportunity to participate in Federal elections.

The FVAP maintains a website where you will find detailed information about overseas voting procedures and materials, including instructions for obtaining and using the Federal Post Card Application (FPCA), which is a postage-free postcard, printed and distributed by the FVAP for use by absentee voters covered by UOCAVA. The website also provides information about using the Federal Write In Absentee Ballot. You can also contact the FVAP at:

Director, Federal Voting Assistance Program
Department of Defense
Washington Headquarters Services
1155 Defense
Washington, D.C. 20301-1155

E-mail: vote@fvap.ncr.gov
U.S. Toll-free: (800) 438-8683
Fax: (703) 588-0108, DSN Fax 425-0108

UOCAVA Best Practices from the Election Assistance Commission

Link to the Election Assistance Commission's UOCAVA Best Practices adopted September 14, 2004.

Federal Voting Assistance Program

Link to the FVAP UOCAVA/HAVA Interpretive Memo adopted August 2003.

ENFORCEMENT OF THE UOCAVA

Under Section 105 of the Act, the Attorney General is authorized to bring civil actions to enforce its requirements. The Attorney General has assigned this enforcement responsibility to the Civil Rights Division.

The Civil Rights Division typically brings enforcement actions after FVAP notifies it that absentee ballots for overseas voters have been mailed so late that there is a substantial risk that some overseas voters will not be able to return them by the deadline established by State law. Since UOCAVA was enacted in 1986, the Civil Rights Division has brought numerous enforcement lawsuits.

In addition, between 1976 and 1986, the Division brought 12 enforcement lawsuits under predecessor legislation, the Overseas Citizens Voting Rights Act of 1975, and the Federal Voting Assistance Act of 1955, both of which have been repealed.

The Department, in an effort to avoid the necessity of litigation, has taken steps to ensure that states are aware of their obligation under UOCAVA. To that end, the Department (in some cases in conjunction with the Department of Defense) has sent letters to the chief election officials of each state.

  • Letter dated August 19, 2008 to the States outlining their responsibilities as related to the UOCAVA.  (PDF)

Updated July 25, 2008