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**TABLE OF CONTENTS**

**Executive Summary 3\
**

**Background 3\
**

**Survey Methodology 4\
**

**Survey Results 6\
**

**Challenges Related to UOCAVA Reporting 6\
**

**Moving Ahead and Next Steps for 2006 8\
**

**UOCAVA Survey Results: November 2, 2004 Election 9**

**Military and Overseas Absentee Ballot Survey 2004 11**

**Executive Summary**

The Uniformed and Overseas Citizens Voting Act (UOCAVA) of 1986 (42 USC
1973ff) protects the voting rights of members of the Uniformed Services
(on active duty), members of the Merchant Marine and their eligible
dependents, Commissioner Corps of the Public Health Service,
Commissioned Corps of the National Oceanic and Atmospheric
Administration, and U.S. citizens residing outside the U.S. UOCAVA
requires States/territories to allow these citizens to register and vote
in elections for federal office using absentee procedures.

The Help America Vote Act (HAVA) of 2002 mandates that for each
regularly scheduled general election for Federal office, the Election
Assistance Commission (EAC) shall collect comprehensive data from the
states on all of the ballots sent and received by UOCAVA voters. In
2004, EAC developed a survey instrument and distributed it to the states
to collect statistics on balloting by UOCAVA voters from the November 2,
2004 presidential election. During the lengthy process of collecting the
data, it was determined that many states and local jurisdictions did not
track the specific data required by HAVA, and stored the requested
statistics in various formats, resulting in some gaps in the UOCAVA data
collected by EAC.

However, it should be noted that the information collected does provide
valuable information about UOCAVA voters, and that EAC will continue
working with states to improve efforts at the federal, state and local
levels to collect more information for the 2006 general election. Such
information will help facilitate the process of improving the
transmission and receiving of ballots from UOCAVA voters, and to serve
their special needs.

**Background**

The 1988 Executive Order 12642 names the Secretary of Defense as the
Presidential designee for administering UOCAVA. Executive Branch
departments and agencies with employees overseas provide voting
assistance under guidance from the Presidential designee. The U.S.
Postal Service and the Department of Defense Military Postal Service
Agency facilitate the physical transmission of election materials
between the voter and local election officials. The Department of
Justice enforces UOCAVA protections through litigation.

The Help America Vote Act of 2002 (HAVA), section 703 (a), amended
section 102 of UOCAVA by adding the following requirement:

> "Not later than 90 days after the date of each regularly scheduled
> general election for Federal office, each State and unit of local
> government which administered the election shall (through the State,
> in the case of a unit of local government) submit a report to the
> Election Assistance Commission (established under the Help America
> Vote Act of 2002) on the combined number of absentee ballots
> transmitted to absent uniformed services voters and overseas voters
> for the election and the combined number of such ballots which were
> returned by such voters and cast in the election, and shall make such
> a report available to the general public".

HAVA section 703 (b) requires EAC to work with the EAC Board of Advisors
and EAC Standards Board to develop a standardized format for the reports
submitted by States and units of local government under UOCAVA Section
102, as revised. HAVA also requires EAC to make the format available to
the States and local units of government submitting such reports.

Section 702 of HAVA also requires each State to establish a single State
office that is "responsible for providing information regarding voter
registration procedures and absentee ballot procedures to be used by
absent uniformed services voters and overseas voters with respect to
elections for Federal office (including procedures relating to the use
of the Federal write-in absentee ballot) to all absent uniformed
services voters and overseas voters who wish to register to vote or vote
in any jurisdiction in the State." It further recommends that this State
office be the organ responsible for carrying out the entire State's
responsibilities under UOCAVA.

**Survey Methodology**

EAC is assigned the task, through HAVA, of collecting comprehensive data
on all of the ballots sent and received by uniformed and overseas
citizen absentee voters. A variety of government agencies and non-profit
organizations have collected information similar to that requested in
EAC's survey, however, this is the first time a Federal agency has been
given the responsibility of collecting comprehensive data on all of the
ballots sent and received by this group of American citizens. Similarly,
this request by EAC is the first time that States have been asked to
collect and tally the votes of this group of citizens, in this manner.

Prior to the administration of the survey, drafts were sent to EAC's
Board of Advisors and Standards Board, and to several state HAVA
administrators, for comment and review. In the early fall of 2004,
states were notified that the UOCAVA survey would be forthcoming. On
December 21, 2004, EAC transmitted, electronically, to Secretaries of
State and State Election Directors in the fifty States, the District of
Columbia and four U.S. jurisdictions, the UOCAVA survey (**See
Attachment 1**).

Each State was instructed to provide the answers to the ten-question
survey on an Excel spreadsheet which EAC provided. The States were
further instructed to provide electronic (PDF) versions of the
ten-question survey to each of their local election authorities. The
States' local election authorities were to complete the "fillable" PDF
version of the survey and return it to the State. The State would then
enter the data from the PDF survey forms that it received from each of
its local election authorities into the master Excel spreadsheet. Each
State was to complete and return, electronically, to EAC, its Excel
spreadsheet by January 31, 2005.

EAC designated an electronic mailbox to receive the States' responses to
the UOCAVA survey. By the January 31, 2005 closing date, only two States
had returned their responses to EAC. EAC staff sent follow up e-mails to
the non-responsive States. By June 10, 2005, a majority of States had
submitted their responses to the survey.

EAC staff in charge of monitoring and answering State inquiries and
responses to the survey indicated that EAC received relatively few
questions regarding the completion of the survey. Many States' inquiries
or questions related to difficulties they were having in collecting data
from their local election authorities. Several States indicated that
they had sent their responses to EAC's UOCAVA survey to the Federal
Voting Assistance Program (FVAP).[^1] Still other States indicated that
they did not track the number of *domestic* military ballots that were
transmitted or returned, meaning the State was unable to identify the
*total number* of military votes that had been transmitted or returned.

The final format in which EAC received responses to the UOCAVA survey
varied. As EAC instructed, many States completed the electronic Excel
spreadsheet which listed all of the jurisdictions in that State and each
jurisdiction's response to each of the survey questions. However, a
number of States submitted only the PDF "fillable" survey form that was
intended to be completed exclusively by the jurisdiction. For these
States, EAC was unable to determine if the State had received data from
each of its jurisdictions. Finally, other States submitted spreadsheets
that used types of software other than Excel. Some of these spreadsheets
contained the necessary information related to each of the ten EAC
UOCAVA survey questions, while others did not.

In the spring and summer of 2005, EAC staff provided the state-level
UOCAVA survey data to a contractor to enter, analyze, and perform
preliminary verification of the numbers. In December 2005 and January
2006, EAC staff sent written correspondence to each Chief State Election
Official and Election Director requesting verification of the UOCAVA
survey numbers which the States had originally submitted. The written
correspondence was followed by e-mails and phone calls to State election
directors and administrators. EAC implemented this data-checking process
to allow States an opportunity to verify and correct the numbers they
had originally submitted and to prepare for the public release of these
figures.

**Survey Results**

The attached chart summarizes the data which EAC is required by HAVA to
report. However, it must be noted that the conclusions from the data in
this report may be inflated, or deflated by a number of factors. States
have varying interpretations and record-keeping requirements. In
addition to a number of caveats to interpreting these figures, which
will be elaborated on below, the reader should note the following:

-   Some States did not respond to the original HAVA-mandated survey or
    requests for additional information or confirmations.

-   Several States reported changes to the original numbers they had
    submitted (within 90 days of the Federal election). It is unclear
    whether the change was based on new information, or whether the
    States had provided information that was previously incorrect.

Some States do not record information in the manner in which it was
requested in the UOCAVA survey. Some States only require record-keeping
of the total number of absentee ballots sent and received---and cannot
separate the UOCAVA ballots from the total number of absentee ballots
because the information was not collected at the local level in that
manner. Finally, States and local election authorities have varying ways
in which they record the differences among ballots which has been
*sent*, *returned, and cast*.

> **Challenges Related to UOCAVA Reporting**

A review of the data collected and submitted by the States for the ten
questions asked in the UOCAVA survey indicates large variations in the
manner in which UOCAVA information is collected, tracked and reported.

With a few exceptions, most States reported that a majority of their
local election authorities provided the requested information. However,
many local election authorities did not track the precise number of
ballots they mailed or transmitted to their domestic military, overseas
military *and* overseas citizens, as required by HAVA. Both UOCAVA and
HAVA anticipated that, because of the time it takes to transmit ballots
overseas, a certain amount of necessary overlap may occur. Provisions in
state laws could contribute to the states having difficulty in the
tracking of ballots. The tracking of these transmitted absentee ballots
is complicated by the following factors that may artificially inflate or
deflate the numbers reported in this survey:

-   If UOCAVA voters do not receive their State ballots close to the
    date of the elections they can send a "Federal Write-In" ballot that
    indicates his or her preferences for known races. These ballots are
    not classified as "sent" from the State, and they may or may not be
    counted as UOCAVA ballots received in the data reported.

-   Additionally, if the UOCAVA voter submits his or her "Federal
    Write-In" ballot, and subsequently receives his or her full UOCAVA
    ballot from the State, the voter is allowed to vote the full ballot,
    and the State *should* count those full ballots. That is, the fact
    that several ballots might legitimately be received from one voter
    further complicates the accuracy of the data collected. We do not
    suggest that more than one ballot was counted for each UOCAVA voter,
    but that state record-keeping protocols might inflate the number of
    ballots received.

-   Finally, when a voter registers to vote using the Federal Post Card
    Application, an absentee ballot is automatically sent to that
    voter---for the next two federal elections. Voters may move or
    change addresses and ballots may be sent to addressees for voters
    who are no longer residing at that address. This fact could
    artificially inflate the number of UOCAVA absentee ballots which the
    State records as having been sent.

To summarize, the various processes required by UOCAVA procedures vary
substantially and will be considered when promoting further surveys and
collecting data. The following State processes should be considered as
EAC assesses future data collection efforts:

-   How States and local election authorities handle the sending and the
    return of ballots. This includes variations among States in
    scheduling elections (late or early primaries), polices and
    procedures regarding the use of faxes, rules regarding the time
    allowed to return ballots and early voting policies and procedures.

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-   How States and their local election authorities handle ballots
    received from overseas military, domestic military on active or
    in-active duty, overseas citizens and Federal write-in absentee
    ballots.

-   How States handle counting domestic and overseas military ballots,
    overseas citizen ballots, ballots cast early and all absentee and
    FWAB ballots cast and counted.

-   How States define and assess UOCAVA ballot responses through the
    single state UOCAVA offices, and how those offices communicate the
    record-keeping protocols with local election officials.

> **Moving Ahead and Next Steps for 2006**

The items described in the previous section are likely to cause
fluctuation in the UOCAVA numbers reported by States. This report
illustrates the need for EAC to provide election record-keeping
protocols for the States to consider.

Efforts aimed at educating States and their local election authorities
about HAVA requirements regarding UOCAVA is the first and most critical
step. EAC will coordinate its efforts with the staff of the Federal
Voting Assistance Program (FVAP) at the Department of Defense to ensure
that both agencies work together in providing a service that is valuable
to States and UOCAVA voters.

While it is important to recognize the tremendous variation in how
States and their local election authorities handle the mailing and
processing of their ballots, it is equally important that EAC assist
States and local election authorities to develop policies and procedures
that will make them HAVA-compliant.

Providing the UOCAVA survey instrument to States well in advance of the
upcoming Federal election will assist States with their collection and
reporting of UOCAVA survey data. As with the last UOCAVA survey, EAC
staff will be available to answer and clarify specific questions States
may have about completing the survey.

In the early Spring of 2006, EAC will conduct a working group meeting of
State and local elections officials and other experts to fine-tune the
UOCAVA survey instrument. Representatives from the elections community
along with various organizations that utilize UOCAVA survey data will
have an opportunity to share with EAC their suggestions for improving
the format and administration of the survey. EAC will also work with its
Board of Advisors and Standards Board to gain input on revisions to the
survey.

EAC efforts to develop uniform measures for the collection and reporting
of UOCAVA data will be a continuing process. These steps and measures
will be shared with each State's UOCAVA office and will be recommended
for use when completing future EAC/UOCAVA surveys. It is anticipated
that this type of information will assist States with their
implementation of effective and efficient methods for sending and
receiving ballots to UOCAVA voters.

**UOCAVA SURVEY RESULTS**

**November 2, 2004 Election\
**

The interpretation of this chart and any conclusions regarding the
results of this survey should be done with caution. As the footnote
indicates, several states did not, at the time of the survey, divide
their UOCAVA voters from the general group of absentee voters because of
the manner in which local election authorities collected the data.
Therefore, given this variation in the collecting and reporting of
numbers, EAC did not provide totals for the number of UOCAVA absentee
ballots sent or UOCAVA absentee ballots returned.

+-------------+--------------------------------+----------------------+
| **State**   | **UOCAVA**                     | **UOCAVA**           |
|             |                                |                      |
|             | **Absentee Ballots Sent\***    | **Absentee Ballots   |
|             |                                | Returned\***         |
+-------------+--------------------------------+----------------------+
|             |                                |                      |
+-------------+--------------------------------+----------------------+
| AK          | 14,574                         | 9,839                |
+-------------+--------------------------------+----------------------+
| AL          | 8,005                          | 4,234                |
+-------------+--------------------------------+----------------------+
| AR          | 5,173                          | 2,539                |
+-------------+--------------------------------+----------------------+
| AZ          | 12,046                         | 8,282                |
+-------------+--------------------------------+----------------------+
| CA          | 62,468                         | No data              |
+-------------+--------------------------------+----------------------+
| CO          | 10,339                         | 6,669                |
+-------------+--------------------------------+----------------------+
| CT          | 6,045                          | 4,489                |
+-------------+--------------------------------+----------------------+
| DC          | 2,532                          | 1,722                |
+-------------+--------------------------------+----------------------+
| DE          | 1,811                          | 1,273                |
+-------------+--------------------------------+----------------------+
| FL          | 122,194                        | 93,524               |
+-------------+--------------------------------+----------------------+
| GA          | 16,690                         | 13,216               |
+-------------+--------------------------------+----------------------+
| HI          | 3,862                          | 2,492                |
+-------------+--------------------------------+----------------------+
| IA          | 5,343                          | 4,920                |
+-------------+--------------------------------+----------------------+
| ID          | 4,275                          | 3,874                |
+-------------+--------------------------------+----------------------+
| IL          | 30,556                         | 26,639               |
+-------------+--------------------------------+----------------------+
| IN          | 8,980                          | 6,811                |
+-------------+--------------------------------+----------------------+
| KS          | 6,564                          | 5,084                |
+-------------+--------------------------------+----------------------+
| KY          | 6,234                          | 4,912                |
+-------------+--------------------------------+----------------------+
| LA          | 12,899                         | 8,631                |
+-------------+--------------------------------+----------------------+
| ME          | 3,410                          | 2,649                |
+-------------+--------------------------------+----------------------+
| MD          | 12,916                         | 11,306               |
+-------------+--------------------------------+----------------------+
| MA          | 125,031                        | 111,017              |
+-------------+--------------------------------+----------------------+
| MI          | 13,583                         | 9,916                |
+-------------+--------------------------------+----------------------+
| MN          | 12,322                         | 8,757                |
+-------------+--------------------------------+----------------------+
| MS          | 2,779                          | 1,683                |
+-------------+--------------------------------+----------------------+

+-------------+--------------------------------+----------------------+
| **State**   | **UOCAVA**                     | **UOCAVA**           |
|             |                                |                      |
|             | **Absentee Ballots Sent\***    | **Absentee Ballots   |
|             |                                | Returned\***         |
+-------------+--------------------------------+----------------------+
| MO          | 15,477                         | 9,006                |
+-------------+--------------------------------+----------------------+
| MT          | 4,721                          | 3,490                |
+-------------+--------------------------------+----------------------+
| NE          | 3,867                          | 2,775                |
+-------------+--------------------------------+----------------------+
| NV          | 5,699                          | 4,420                |
+-------------+--------------------------------+----------------------+
| NH          | 4,516                          | 3,727                |
+-------------+--------------------------------+----------------------+
| NJ          | 14,256                         | 8,475                |
+-------------+--------------------------------+----------------------+
| NM          | 519                            | 348                  |
+-------------+--------------------------------+----------------------+
| NY          | 55,183                         | 43,699               |
+-------------+--------------------------------+----------------------+
| NC          | 18,063                         | 11,996               |
+-------------+--------------------------------+----------------------+
| ND          | 1,587                          | 1,117                |
+-------------+--------------------------------+----------------------+
| OH          | 14,527                         | 11,768               |
+-------------+--------------------------------+----------------------+
| OK          | 7,682                          | 5,737                |
+-------------+--------------------------------+----------------------+
| OR          | 18,752                         | 14,307               |
+-------------+--------------------------------+----------------------+
| PA          | 36,051                         | 30,042               |
+-------------+--------------------------------+----------------------+
| RI          | 21,498                         | 19,046               |
+-------------+--------------------------------+----------------------+
| SC          | 168,814                        | 157,990              |
+-------------+--------------------------------+----------------------+
| SD          | 3,823                          | 3,288                |
+-------------+--------------------------------+----------------------+
| TN          | 19,635                         | 16,609               |
+-------------+--------------------------------+----------------------+
| TX          | 88,847                         | 66,374               |
+-------------+--------------------------------+----------------------+
| UT          | 4,598                          | 3,817                |
+-------------+--------------------------------+----------------------+
| VT          | 1,733                          | 1,340                |
+-------------+--------------------------------+----------------------+
| VA          | 29,646                         | 24,463               |
+-------------+--------------------------------+----------------------+
| WA          | 37,198                         | 30,446               |
+-------------+--------------------------------+----------------------+
| WV          | 4,712                          | 3,745                |
+-------------+--------------------------------+----------------------+
| WI          | 10,275                         | 7,146                |
+-------------+--------------------------------+----------------------+
| WY          | 3,123                          | 2,594                |
+-------------+--------------------------------+----------------------+
| AS          | 326                            | 284                  |
+-------------+--------------------------------+----------------------+
| GU          | No Response                    | No Response          |
+-------------+--------------------------------+----------------------+
| PR          | No Response                    | No Response          |
+-------------+--------------------------------+----------------------+
| VI          | No Response                    | No Response          |
+-------------+--------------------------------+----------------------+

> \*Some State numbers may reflect ***total*** absentee ballots sent and
> received.\
> (UOCAVA ***and*** Non-UOCAVA).

**ATTACHMENT - 1**

**UNITED STATES ELECTION ASSISTANCE COMMISSION**

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**Military and Overseas Absentee Ballot Survey 2004**

**[LOCAL JURISDICTION RESPONSE FORM]{.underline}**

The following form is provided by EAC as a convenience to the States in
gathering information from local election jurisdictions in preparation
for responding to the Military and Overseas Absentee Ballot Survey for
the November 2, 2004 election.

Please complete all of the fields below. Specific instructions relative
to certain questions are found at the end of this form. If your question
or concern is not answered in the instructions section of this form,
please contact [***(name of state contact person)***]{.underline} at
[***(telephone number of contact person)***]{.underline} . Please return
this form to [***(name of state contact person)***]{.underline} at
[***(address - email or physical -- or fax number to which the form
should be returned)***]{.underline} on or before
[***(date)***]{.underline} , 2005.

LOCAL ELECTION JURISDICTION:

NAME:

ADDRESS:

TITLE:

PHONE:

EMAIL:

DATE:

**Question 1**. What was the total number of absentee ballots
transmitted by your jurisdiction (including ballots transmitted by mail,
fax, e-mail or courier) to (a) domestic military citizens, (b) overseas
military citizens, and (c) overseas citizens (collectively, "military
and overseas citizens") for the November 2, 2004 general election?

**Question 2.** What was the total number of advanced ballots
transmitted by your jurisdiction to military and overseas citizens?

**Question 3**. What was the total number of absentee ballots returned
to your jurisdiction by (a) domestic military citizens, (b) absent
military citizens, and (c) overseas citizens for the November 2, 2004
general election? (NOTE: Please **[do not]{.underline}** include Federal
Write-In Absentee Ballots as question 7 asks for information about these
ballots.)

**Question 4.** Of the total number of absentee ballots distributed to
or returned by military and overseas citizens, how many were transmitted
or returned by (a) mail, (b) facsimile, and (c) e-mail?

**Question 5.** Of the total number of absentee ballots returned by
military and overseas citizens, how many were actually counted by your
jurisdiction for the November 2, 2004 general election?

**Question 6.** Of those military and overseas citizen absentee ballots
**not** **counted**, provide the number of ballots rejected due to the
fact that the ballot (a) lacked a postmark, (b) lacked the voter's
signature, (c) contained no verifiable signature, (d) had no date of
signature, (e) had no notary or witness signature, (f) had no date of
notary or witness signature, (g) was received after the state deadline,
(h) was returned as undeliverable, or (i) was rejected for another
reason. (Use "N/A" if not the category of rejection is not applicable to
your jurisdiction)

Please provide additional clarifying information for any ballots
itemized under "other" for Question 6.

**Question 7.** How many Federal Write-In Absentee Ballots (FWAB) did
your jurisdiction receive from absent uniformed services and overseas
voters for the November 2, 2004 general election?

**Question 8.** If data are missing, please explain any other reasons
for missing data below.

**[Instructions:]{.underline}**

Please answer every question. Do not leave any questions blank. If your
jurisdiction does not collect a specific piece of data requested or data
is unavailable for some other reason, please signify by placing N/A in
the blank and noting the reason that data was not provided.

**[Definitions:]{.underline}**

**"Advance Ballots"** means any Special Write-In Absentee Ballot, State
Write-In Absentee Ballot, Special Write-In Early Ballot or Blank
Absentee Ballot that is distributed by a state in advance of the
publication of an official ballot for a federal election on which
military and overseas citizens are allows to write in the name of the
candidate in each contest for whom they choose to vote.

**"Domestic Military"** encompasses

\(A\) a member of a uniformed service on active duty who, by reason of
such active duty, is stationed or positioned within the United States or
its territories, and who is absent from the place of residence where the
member is otherwise qualified to vote;

\(B\) a member of the merchant marine who, by reason of service in the
merchant marine, is serving within the United States and its
territories, and who is absent from the place of residence where the
member is otherwise qualified to vote; and

\(C\) a spouse or dependent of a member referred to in subparagraph (A)
or (B) who, by reason of the active duty or service of the member, is
absent from the place of residence where the spouse or dependent is
otherwise qualified to vote.

**" Overseas Military"** include:

\(A\) a member of a uniformed service on active duty who, by reason of
such active duty, is stationed or positioned outside of the United
States and its territories, and who is thus absent from the place of
residence where the member is otherwise qualified to vote;

\(B\) a member of the merchant marine who, by reason of service in the
merchant marine, is serving outside of the United States and its
territories, and who is thus absent from the place of residence where
the member is otherwise qualified to vote; and

\(C\) a spouse or dependent of a member referred to in subparagraph (A)
or (B) who, by reason of the active duty or service of the member, is
absent from the place of residence where the spouse or dependent is
otherwise qualified to vote.

**"Overseas Citizens"** are persons who are citizens of the United
States who are living, working or stationed outside of the United States
and its territories and who are not members of a uniformed service.

**"Federal Write-In Absentee Ballot (FWAB)"** is a ballot available to a
military or overseas citizen when the absent uniformed services member
or citizen outside the United States (including APO and FPO addresses)
does not receive the regular absentee ballot from the state after having
made a timely application for the ballot. The FWAB is used to vote for
Federal offices (President/Vice President, U.S. Senator, U.S.
Representative, Delegate or Resident Commissioner) in general elections.

A Federal write-in absentee ballot of an absent uniformed services voter
or overseas voter shall *not* be counted. ---

> \(1\) in the case of a ballot submitted by an overseas voter who is
> not an absent uniformed services voter, if the ballot is submitted
> from any location in the United States;
>
> \(2\) if the application of the absent uniformed services voters or
> overseas voter for a State absentee ballot is received by the
> appropriate State election official after the latter of---
>
> \(A\) the deadline of the State for receipt of such application; or
>
> \(B\) the date that is 30 days before the general election; or
>
> \(3\) if a State absentee ballot of an absent uniformed services
> voters or overseas voter is received by the appropriate State election
> official not later than the deadline for receipt of the State absentee
> ballot under State law.

[^1]: The U.S. Department of Defense administers the Uniformed and
    Overseas Citizens Absentee Voting Act and the Federal Voting
    Assistance Program (FVAP). In November 2004, FVAP also administered
    a random survey to UOCAVA voters, officers, and elected local
    election authorities.