Uniformed and Overseas Citizens Absentee Voting Act
Encyclopedia
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is a United States federal law
dealing with election
s and voting rights
for United States citizens
residing overseas. The act requires that all U.S. state
s, the District of Columbia
, Puerto Rico
, Guam
, American Samoa
, and the U.S. Virgin Islands
allow certain U.S. citizens to register to vote
and to vote by absentee ballot
in federal elections
. The act is Public Law 99-410 and was signed into law by President
Ronald Reagan
on August 28, 1986.
Groups of people covered under the act are:
The act provides for an emergency back-up ballot, the Federal Write-In Absentee Ballot
(FWAB), which can 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."
The act does not apply to non-federal elections, although some states and territories also allow citizens covered by the UOCAVA to register and vote in state and local elections as well.
(FVAP), part of the Department of Defense
, is the program that administers the UOCAVA as well as the National Voter Registration Act of 1993
on behalf of the Secretary of Defense. The FVAP states its goals as to "inform and educate U.S. citizens worldwide of their right to vote; foster voting participation; and protect the integrity of, and simultaneously enhance, the electoral process at the Federal, State and local levels."
as the presidential designee responsible for administering the act and authorizes the Secretary of Defense to delegate the responsibilities under the act and executive order to other persons within the any person or persons within the Department of Defense Department of Defense directives issued by Secretaries of Defense have delegated responsibilities for the FVAP to a FVAP director. The current director is Bob Carey, while the deputy director is J. Scott Wiedmann.
The act was amended by the Help America Vote Act
(2002) and the National Defense Authorization Act
s in 2002) and 2005.
but maintain their right to vote, legal scholars have therefore argued that United States Congress
also has the authority to grant voting rights
to residents of the District of Columbia
.
. Plaintiffs in the case of Igartua de la Rosa v. United States claimed that the Act is unconstitutional
because it allows U.S. citizens who move abroad to vote in federal elections, but not if they relocate to Puerto Rico. The challenge was dismissed by the courts. However, in his dissent, Judge Juan R. Torruella
argued that the United States Constitution
neither denies citizens of Puerto Rico the right to vote for members of the United States House of Representatives
nor imposes a limitation on the federal government's authority to extend federal voting rights to territorial residents under other constitutional powers.
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
dealing with election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s and voting rights
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
for United States citizens
United States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
residing overseas. The act requires that all U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s, the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, and the U.S. Virgin Islands
United States Virgin Islands
The Virgin Islands of the United States are a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles.The U.S...
allow certain U.S. citizens to register to vote
Voter registration
Voter registration is the requirement in some democracies for citizens and residents to check in with some central registry specifically for the purpose of being allowed to vote in elections. An effort to get people to register is known as a voter registration drive.-Centralized/compulsory vs...
and to vote by absentee ballot
Absentee ballot
An absentee ballot is a vote cast by someone who is unable or unwilling to attend the official polling station. Numerous methods have been devised to facilitate this...
in federal elections
Elections in the United States
The United States has a federal government, with elected officials at the federal , state and local levels. On a national level, the head of state, the President, is elected indirectly by the people, through an Electoral College. In modern times, the electors virtually always vote with the popular...
. The act is Public Law 99-410 and was signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on August 28, 1986.
Groups of people covered under the act are:
- Members of the seven Uniformed ServicesUniformed services of the United StatesThe United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized by Title 10, Title 14, Title 33 and Title 42 of the United States Code.-Uniformed services:...
- Members of the U.S. Merchant MarineUnited States Merchant MarineThe United States Merchant Marine refers to the fleet of U.S. civilian-owned merchant vessels, operated by either the government or the private sector, that engage in commerce or transportation of goods and services in and out of the navigable waters of the United States. The Merchant Marine is...
- Eligible family members of the above
- U.S. citizens employed by the federal governmentFederal government of the United StatesThe federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
residing outside the U.S. - Other private U.S. citizens residing outside the United StatesExpatriateAn expatriate is a person temporarily or permanently residing in a country and culture other than that of the person's upbringing...
The act provides for an emergency back-up ballot, the Federal Write-In Absentee Ballot
Federal Write-In Absentee Ballot
The Federal Write-In Absentee Ballot is a write-in ballot for use by overseas American citizens. Under the Uniformed and Overseas Citizens Absentee Voting Act, the ballot was created for citizens who "have made a timely application for but have not received their regular ballot from the state or...
(FWAB), which can 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."
The act does not apply to non-federal elections, although some states and territories also allow citizens covered by the UOCAVA to register and vote in state and local elections as well.
FVAP
The Federal Voting Assistance ProgramFederal Voting Assistance Program
The Federal Voting Assistance Program administers the federal responsibilities of the Presidential designee , under the Uniformed and Overseas Citizens Absentee Voting Act of 1986. The Director, FVAP administers the Act on behalf of the Secretary of Defense...
(FVAP), part of the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
, is the program that administers the UOCAVA as well as the National Voter Registration Act of 1993
National Voter Registration Act of 1993
The National Voter Registration Act of 1993 , also known as The Motor Voter Act, was signed into effect by United States President Bill Clinton on May 20, 1993, however, compliance did not become mandatory until 1995...
on behalf of the Secretary of Defense. The FVAP states its goals as to "inform and educate U.S. citizens worldwide of their right to vote; foster voting participation; and protect the integrity of, and simultaneously enhance, the electoral process at the Federal, State and local levels."
Executive Order 12642
An executive order issued by President Reagan on June 9, 1988, designated the Secretary of DefenseUnited States Secretary of Defense
The Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
as the presidential designee responsible for administering the act and authorizes the Secretary of Defense to delegate the responsibilities under the act and executive order to other persons within the any person or persons within the Department of Defense Department of Defense directives issued by Secretaries of Defense have delegated responsibilities for the FVAP to a FVAP director. The current director is Bob Carey, while the deputy director is J. Scott Wiedmann.
The act was amended by the Help America Vote Act
Help America Vote Act
The Help America Vote Act , or HAVA, is a United States federal law which passed in the House 357-48 and 92-2 in the Senate and was signed into law by President Bush on October 29, 2002. Drafted in reaction to the controversy surrounding the 2000 U.S...
(2002) and the National Defense Authorization Act
National Defense Authorization Act
The National Defense Authorization Act is the name of a United States federal law that has been enacted for each of the past 48 fiscal years to specify the budget and expenditures of the United States Department of Defense.-See also:...
s in 2002) and 2005.
Relevance to District of Columbia voting rights
The Uniformed and Overseas Citizens Absentee Voting Act allows U.S. citizens vote from overseas, even if they have permanently left the United States. Since these citizens are no longer residents of a U.S. StateU.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
but maintain their right to vote, legal scholars have therefore argued that United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
also has the authority to grant voting rights
District of Columbia voting rights
Voting rights of citizens in the District of Columbia differ from those of United States citizens in each of the fifty states. District of Columbia residents do not have voting representation in the United States Senate, but D.C. is entitled to three electoral votes for President. In the U.S...
to residents of the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
.
Relevance to Puerto Rico voting rights
The Uniformed and Overseas Citizens Absentee Voting Act has also been challenged in federal court by U.S. citizens living in Puerto RicoPuerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
. Plaintiffs in the case of Igartua de la Rosa v. United States claimed that the Act is unconstitutional
Judicial review in the United States
Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself....
because it allows U.S. citizens who move abroad to vote in federal elections, but not if they relocate to Puerto Rico. The challenge was dismissed by the courts. However, in his dissent, Judge Juan R. Torruella
Juan R. Torruella
Juan R. Torruella is a Puerto Rican jurist, who currently serves as a judge on the United States Court of Appeals for the First Circuit. He is the first and to date only Hispanic to serve in that court.-Education:...
argued that the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
neither denies citizens of Puerto Rico the right to vote for members of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
nor imposes a limitation on the federal government's authority to extend federal voting rights to territorial residents under other constitutional powers.
See also
- Voting rights in the United StatesVoting rights in the United StatesThe issue of voting rights in the United States has been contentious throughout the country's history. Eligibility to vote in the U.S. is determined by both Federal and state law. Currently, only citizens can vote in U.S. elections . Who is a citizen is governed on a national basis by Federal law...
- District of Columbia voting rightsDistrict of Columbia voting rightsVoting rights of citizens in the District of Columbia differ from those of United States citizens in each of the fifty states. District of Columbia residents do not have voting representation in the United States Senate, but D.C. is entitled to three electoral votes for President. In the U.S...
- Voting rights in Puerto RicoVoting rights in Puerto RicoVoting rights of United States citizens in Puerto Rico, like the voting rights of other United States territories, differ from those of United States citizens in each of the fifty states and the District of Columbia. Residents of Puerto Rico and other U.S. territories do not have voting...
External links
- Federal Voting Assistance Program (FVAP) official website
- Summary of the act and its provisions, administration, and enforcement from the Department of JusticeUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
- Overseas Vote Foundation official website