The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues

Kevin J. Coleman
Analyst in Elections

Members of the uniformed services and U.S. citizens who live abroad are eligible to register and vote absentee in federal elections under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA, P.L. 99-410, 42 U.S.C.1973ff) of 1986. The law was enacted to improve absentee registration and voting for this group of voters and to consolidate existing laws. Since 1942, a number of federal laws have been enacted to assist these voters: the Soldier Voting Act of 1942 (amended in 1944), the Federal Voting Assistance Act of 1955, the Overseas Citizens Voting Rights Act of 1975 (both the 1955 and 1975 laws were amended in 1978 to improve procedures), and the Uniformed and Overseas Citizens Absentee Voting Act of 1986. The law is administered by the Secretary of Defense, who delegates that responsibility to the director of the Federal Voting Assistance Program at the Department of Defense (DOD).

Improvements to UOCAVA (P.L. 99-410) were necessary as the result of controversy surrounding ballots received in Florida from uniformed services and overseas voters in the 2000 presidential election. The National Defense Authorization Act for FY2002 (P.L. 107-107; S. 1438) and the Help America Vote Act (P.L. 107-252; H.R. 3295) both included provisions concerning uniformed services and overseas voting. The President signed P.L. 107-107 on December 28, 2001, and P.L. 107-252 on October 29, 2002. The Ronald W. Reagan Defense Authorization Act for FY2005 (P.L. 108-375) amended UOCAVA as well, to ease the rules for use of the federal write-in ballot in place of state absentee ballots, and the John Warner National Defense Authorization Act for FY2007 (P.L. 109-364) extended a DOD program to assist uniformed services and overseas voters.

In the 111th Congress, a major overhaul of UOCAVA was accomplished when the President signed the National Defense Authorization Act for FY2010 (P.L. 111-84) on October 28. It included an amendment (S.Amdt. 1764) that contained the provisions of S. 1415, the Military and Overseas Voter Empowerment Act (the MOVE Act). The Senate had approved the conference committee report (H.Rept. 111-288) on the defense authorization act (H.R. 2647) on October 22 and the House had done so on October 8. Also on the House side, the Committee on House Administration reported H.R. 2393, which would require the collection and express delivery of ballots from overseas military voters before the polls close on election day. A similar provision was included in the defense authorization act as enacted.

Three relevant bills have been introduced in the 112th Congress. H.R. 702 would amend the UOCAVA to prohibit a state from certifying general election results until absentee ballots collected from uniformed services voters and delivered to election officials, as required by the MOVE Act amendments, have been counted. A state would be permitted to certify results, however, 10 days after the election or a later date set by state law. S. 331 would ensure that military voters have the right to bring a civil action under the Uniformed and Overseas Citizens Absentee Voting Act to safeguard their right to vote. S. 1253, the Department of Defense Authorization Act for 2012, includes a provision that would amend UOCAVA to prohibit states from rejecting voter registration or ballot applications from overseas voters under certain circumstances.

In October 2011, both the Election Assistance Commission and the Federal Voting Assistance Commission issued reports on participation by UOCAVA voters in the 2010 elections.


Date of Report: November 17, 2011
Number of Pages: 19
Order Number: RS20764
Price: $29.95

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