US Attorneys > USAM > Title 8 > Civil Rights Resource Manual
prev | next

16.

Uniformed and Overseas Citizens Absentee Voting Act

Under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff-1, American citizens who are abroad must be permitted to register for and vote in federal elections of the state in which they were last domiciled, even if they would not now satisfy the residency requirements of that state for voting purposes. Members of the Armed Forces (and spouses and dependents) and members of the merchant marine (and spouses and dependents), whether stationed in the United States or abroad, must be permitted to register absentee and vote by absentee ballot in federal elections. These requirements apply to voting for federal offices only and apply in primary, general, and special elections.

Overseas voters (both civilian and military) in federal general elections may use an alternative federal write-in absentee ballot if the regular ballot sent to them by the state does not reach them early enough for them to return it by the state deadline. The states are required to accept these ballots. If the regular state ballot subsequently reaches the voter, it can still be used, and the election officials should count the state ballot and disregard the federal ballot. Federal write-in ballots are available at federal military and civilian facilities around the world.