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Report of the

# U. S. Election Assistance Commission

on

# Best Practices for Facilitating Voting by U.S. Citizens 

Covered by the

Uniformed and Overseas Citizens Absentee Voting Act

## September 2004

In consultation with the

Federal Voting Assistance Program

Department of Defense

U.S. Election Assistance Commission Federal Voting Assistance Program

1225 New York Avenue, NW, Suite 1100 1155 Defense Pentagon

Washington, DC 20005 Washington, DC 20301-1155

Telephone: (202) 566-3100 Telephone: (703) 588-1584

Toll-Free: (866) 747-1471 Toll-Free: (800) 438-VOTE (8683)

http://www.eac.gov http://www.fvap.gov

**Table of Contents**

Table of Contents i

Executive Summary 1

Recommendations 2

Introduction 4

Studies Conducted 4

(A) The rights of residence of uniformed services voters absent

> due to military orders 4

(B) The rights of absent uniformed services voters and overseas

> voters to register to vote and cast absentee ballots, including
>
> the right of such voters to cast a secret ballot 4

(C) The rights of absent uniformed services voters and overseas

> voters to submit absentee ballot applications early during an
>
> election year 5

(D) The appropriate preelection deadline for mailing absentee

> ballots to absent uniformed services voters and overseas voters 6

(E) The appropriate minimum period between the mailing of

> absentee ballots to absent uniformed services voters and
>
> overseas voters and the deadline for receipt of such ballots 6

(F) The timely transmission of balloting materials to absent

> uniformed services voters and overseas voters 7

(G) Security and privacy concerns in the transmission, receipt,

> and processing of ballots from absent uniformed services voters
>
> and overseas voters, including the need to protect against fraud 8

(H) The use of a single application by absent uniformed services voters

> and overseas voters for absentee ballots for all Federal elections
>
> occurring during a year 9

(I) The use of a single application for voter registration and absentee

> ballots by absent uniformed services voters and overseas voters 9

(J) The use of facsimile machines and electronic means of transmission

> of absentee ballot applications and absentee ballots to absent
> uniformed services voters and overseas voters 10

(K) Other issues related to the rights of absent uniformed services
    voters

> and overseas voters to participate in elections 11

Conclusion 13

Exhibits 14

Exhibit 1 FVAP *HAVA* Interpretive Memo 15

Exhibit 2 Comparative Chart of State Policies 27

Exhibit 3 Federal Write-In Absentee Ballot (SF 186) 28

Exhibit 4 Federal Post Card Application (SF 76) 30

> Exhibit 5 FVAP Letter to States after *NDAA FY-02* Passage
>
> FVAP Letter to States after *HAVA* Passage 32
>
> Exhibit 6 Minnesota Brochure 38
>
> Exhibit 7 Texas Elections Division Homepage 41
>
> Exhibit 8 Leon County FL Absentee Voting Homepage 42
>
> Exhibit 9 Nebraska Brochure 43
>
> Exhibit 10 State of Indiana *Military and Overseas Voter Guide 2004*
> 45
>
> (Full report provided under separate cover)

#### EXECUTIVE SUMMARY

The *Help America Vote Act of 2002 (HAVA)* (Public Law 107-252, Section
242, dated October 29, 2002), directs the Election Assistance
Commission, in consultation with the Secretary of Defense, to conduct a
study on the best practices for facilitating voting by absent Uniformed
Services voters (as defined in section 107(1) of the *Uniformed and
Overseas Citizens Absentee Voting Act (UOCAVA)*) and overseas voters (as
defined in section 107(5) of such *Act*). *HAVA* provided a number of
issues to consider in conducting the study. Highlights of the areas
covered in this report are as follows:

-   The *National Defense Authorization Act for Fiscal Year 2002* *(NDAA
    FY-02)* (Public Law 107-107) guarantees state residency for military
    personnel.

-   *UOCAVA* ensures the rights of absent Uniformed Services voters and
    overseas voters to register to vote and cast absentee ballots for
    Federal offices. Citizens covered by the *UOCAVA* have the right to
    a secret ballot through state law.

-   *HAVA* amended the *UOCAVA* to prohibit states from refusing to
    process a registration and/or absentee ballot request from an absent
    Uniformed Services voter because the form came in too early in an
    election year.

-   Thirty-two states and territories allow for a total of 45 days of
    transmission time for the absentee ballot and 27 states have a State
    Write-in Absentee Ballot to help to ensure the voter can cast a
    ballot in time to meet the state's ballot deadline.

-   The Federal Voting Assistance Program's (FVAP's) post-election
    surveys and the U.S. Postal Service statistics indicate that a
    45-day transit time is needed for absentee ballots sent through
    international mail or the military APO/FPO (overseas) post offices.

-   FVAP helps to ensure the timely transmission of balloting materials
    to absent Uniformed Services voters and overseas voters by
    monitoring selected counties in each state prior to an election to
    help determine whether ballots are mailed in sufficient time
    according to state law and for the voter to receive, vote and return
    the ballot by the state deadline for casting votes.

-   FVAP has developed a standard oath for state ballot return envelopes
    as required by the *HAVA.*

-   *HAVA* amended the *UOCAVA* to allow for the use of a single
    application to request ballots through two subsequent general
    elections for Federal offices for citizens covered by *UOCAVA*.

-   *NDAA FY-02* amended the *UOCAVA* to allow for the use of a single
    application to be used to request voter registration and to request
    an absentee ballot \[see Section 102 (a)(4)\].

-   Forty-nine states and territories allow the use of facsimile
    machines to transmit absentee ballot applications.

> Many states have developed best practices that enhance and facilitate
> absentee registration and voting by *UOCAVA* voters. This report
> serves as a vehicle to share these best practices with other state and
> local election officials who administer absentee voting programs for
> these citizens.

####  RECOMMENDATIONS

After reviewing the studies and best practices provided by the
Department of Defense Federal Voting Assistance Program and the
information found in the FVAP *HAVA* Interpretive Memo (Exhibit 1), the
U.S. Election Assistance Commission recommends that each state:

-   Mail absentee ballots at least 45 days prior to the deadline for
    receipt of voted absentee ballots. While many states already do
    this, a significant number do not mail ballots out until 30 days
    before the election. If the official ballot is not available by this
    time, military and overseas voters have a short period of time to
    receive, vote, and return their absentee ballots in order to be
    counted in the regular absentee ballot delivery process. Even though
    electronic transmission of election materials offers an alternative
    to speed ballot transit time, inadequate ballot transit time through
    the mail remains the primary obstacle to timely delivery of absentee
    ballots for those *UOCAVA* citizens who request them.

-   Encourage further use of faxing and e-mail in the distribution of
    absentee ballots (see Section J of studies conducted), continue
    working with local U.S. post offices to expedite ballots, and
    consider alternative mailing methods such as U.S. Global
    Priority/Express Mail. *UOCAVA* voters are often in locations around
    the world that do not have timely or reliable mail delivery.
    Election officials can work with the FVAP to explore ballot delivery
    approaches that address these circumstances. (*HAVA* Title II,
    Section 241)

-   Perform an internal survey of their election jurisdictions to
    determine compliance with state law for the mailing of absentee
    ballots to *UOCAVA* citizens. State elections officials are in the
    best position to help to ensure that sufficient time is allowed for
    distribution and return of absentee ballots to *UOCAVA* citizens.

-   Ensure local election offices are aware of *UOCAVA* issues. Having a
    designated contact at the local level would simplify the
    dissemination of *UOCAVA* information and communications for
    *UOCAVA* voters to help ensure quality information is being
    provided. This is consistent with the *HAVA* goal of promoting
    methods of election administration that are convenient, accessible
    and easy to use for voters. (*HAVA* Title VII, Section 702)

-   Prepare a *UOCAVA* voter guide for publication on their website and
    in hard copy to distribute to voters. This could be as simple as a
    one page flier such as Minnesota and Nebraska have done, or a more
    comprehensive booklet such as Indiana's. There is a great deal of
    information that can be incorporated directly from the FVAP's
    website and other materials to minimize the amount of effort
    required. Providing a simple description of the *UOCAVA* process
    along with local election office contact information provides all
    the information a voter needs to register and/or make an absentee
    ballot request. (*HAVA* Title VII, Section 702) Local election
    offices should link to this state information on *UOCAVA* and should
    have hard copies for distribution. State and local websites should
    be made accessible to disabled *UOCAVA* citizens.

-   Provide on their elections website procedures for *UOCAVA* citizens
    to follow pertinent to that state, as illustrated in Exhibit 7, the
    Texas Secretary of State Elections Division homepage
    (<http://www.sos.state.tx.us/elections>). Since *UOCAVA* voters are
    located all over the globe, using the Internet is often the quickest
    and most convenient method for them to access information. It is
    important that information be easy to find and concisely presented
    since many forward deployed military voters, in particular, have
    limited time slots for Internet usage. (*HAVA* Title VII, Section
    702)

-   Ensure that election officials throughout the state receive training
    in the provisions of *UOCAVA*. Citizens covered by *UOCAVA*
    constitute approximately 3% of the U.S. voting age population.
    Consequently, some local election officials may not have much
    experience with this process. Training of local election officials
    will help ensure better service to this category of voters. FVAP
    trains local election officials at state conferences, provides a
    special section for local election officials on their website, and
    distributes a monthly memo to state and county election officials on
    *UOCAVA* issues. FVAP also provides policy guidance and recommended
    practices through interpretive memos, letters to state officials, a
    newsletter for Voting Assistance Officers and presentations at
    meetings of national and international election official
    organizations. (*UOCAVA* Title I, Section 101)

-   Each state that requires postmarking on the ballot return envelope,
    consider using the date the voter provides on the envelope with
    his/her signature as evidence of when the voter cast the ballot.
    This avoids the problem of a ballot return envelope not being
    properly postmarked or the postmark being difficult to read. As
    further proof that this is the date the voter cast the ballot, the
    voter may be required to sign an oath attesting to the truth and
    accuracy of the information he/she has provided. (*HAVA* Title VII,
    Section 701)

-   Consider changing election dates where necessary to allow sufficient
    time for local offices to print ballots and for the voter to
    receive, vote and return the ballot. In some states, primary
    election dates may be too close to the general election period to
    allow adequate time for preparing and mailing absentee ballots so
    they can be received and returned by the voters. (*HAVA* Title II,
    Section 241; *UOCAVA* Title I, Section 102)

-   Provide a State Write-In Absentee Ballot to ensure *UOCAVA* citizens
    without access to regular mail service can cast a ballot. States
    should consider automatically mailing such ballots to voters if
    regular ballots are not available at least 45 days in advance of an
    election.

**INTRODUCTION**

This report contains a number of studies that were directed by the
*HAVA* of October 29, 2002. The Federal Voting Assistance Program (FVAP)
conducted these studies subsequent to the passage of this *Act* to
forward to the Election Assistance Commission (EAC) to meet the
requirements of the *HAVA*.

The EAC and FVAP appreciate the contributions made by state officials
nationwide in the preparation of this report. Through the passage of
legislation and utilization of technical innovations at the state level,
the absentee voting process for Uniformed Services and overseas citizens
has been greatly improved.

**STUDIES CONDUCTED**

(As required by Public Law 107-252, Section 242, dated October 29, 2002)

\(A\) The rights of residence of uniformed services voters absent due to
military orders.

In 2001, Section 1603 of the *NDAA FY-02* amended the Soldier's and
Sailor's Civil Relief Act of 1940 to guarantee state residency for
military personnel by stating that:

> \(a\) For purposes of voting for any Federal office or a State or
> local office, a person who is absent from a state in compliance with
> military or naval orders shall not, solely by reason of that absence
> --
>
> \(1\) be deemed to have lost residence or domicile in that State,
> without regard to whether or not the person intends to return to that
> State;
>
> \(2\) to be deemed to have acquired a residence or domicile in any
> other State; or
>
> \(3\) to be deemed to have become a resident in or a resident of any
> other State.
>
> \(b\) in this section, the term State includes a territory or
> possession of the United States, a political subdivision of a State,
> territory, or possession, and the District of Columbia.

The FVAP in the Department of Defense provides general guidance on
residency issues to citizens covered by the *UOCAVA* through its
training workshops, website and printed informational materials.

**(B) The rights of absent uniformed services voters and overseas voters
to register to vote and cast absentee ballots, including the right of
such voters to cast a secret ballot.**

Members of the Uniformed Services, the merchant marine and their
eligible family members and all U.S. citizens overseas are able to vote
for Federal Offices under the *UOCAVA*. Further, states allow members of
the Uniformed Services, their family members and members of the merchant
marine and their family members, who are U.S. citizens, to vote absentee
in state and local elections as well as for Federal Offices. Voting
assistance officers at military installations, embassies and consulates
and U.S. citizen organizations assist citizens covered by *UOCAVA* with
materials and instructions produced by the FVAP on the absentee voting
process.

The registration and absentee voting procedures and deadlines vary from
state to state. The FVAP's biennial *Voting Assistance Guide* is a
compendium of these absentee voting procedures. The *Guide* is
distributed widely through the FVAP website (updated as necessary) and
in hard copy to Voting Assistance Officers in the Uniformed Services,
the U.S. Department of State, other Federal executive branch agencies,
overseas citizen organizations and individuals covered by the *UOCAVA*.

Citizens covered by the *UOCAVA* have the right to a secret ballot
through state law. If the voter determines there is not sufficient time
to return the ballot by mail and the state allows receipt of a voted
ballot by fax, the voted ballot may be transmitted by fax. The voter
must waive the right to secrecy of the ballot and sign a statement on
the fax transmittal cover page indicating, "I understand that by faxing
my voted ballot I am voluntarily waiving my right to a secret ballot."

The FVAP also works with the states on suggested legislative initiatives
to facilitate the absentee voting procedures for citizens covered by the
*UOCAVA* while maintaining the integrity of the process.

\(C\) The rights of absent uniformed services voters and overseas voters
to submit absentee ballot applications early during an election year.

*UOCAVA* was amended in 2002 by Section 706 of the *HAVA* to prohibit
states from refusing to process a registration and/or absentee ballot
request from an absent Uniformed Services voter (defined as a member of
a Uniformed Service or merchant marine and a spouse or dependent of
these members) because the form came in too early in an election year:

\(e\) PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS OF EARLY
SUBMISSION. ---A State may not refuse to accept or process, with respect
to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
Uniformed Services voter during a year on the grounds that the voter
submitted the application before the first date on which the State
otherwise accepts or processes such applications for that year submitted
by absentee voters who are not members of the Uniformed Services.

The FVAP informed the states of this requirement through a published
interpretive memorandum on the *HAVA* sent to each state chief election
official (see Exhibit 1 and <http://www.fvap.gov/leo/havamemo.pdf>) as
well as presenting the information at national level meetings of state
and local election officials.

Six states still have laws requiring a "not earlier than" date for the
receipt of absentee ballot requests (American Samoa, Georgia, Michigan,
Montana, Ohio and Washington). It is the understanding of the FVAP that
these states will hold the individual's application form for processing
on the date specified by state law.

\(D\) The appropriate preelection deadline for mailing absentee ballots
to absent uniformed services voters and overseas voters.

The laws in 32 states and territories allow for a total of 45 days
transmission time for absentee ballots to be mailed to the citizen and
for the citizen to return the voted ballot. This includes time given
after Election Day for absentee ballots to be returned as long as they
are voted by the day of the election. These states are listed in Exhibit
2.

Also, 27 states have State Write-in Absentee Ballots available between
30 and 180 days before an election to help ensure the voter can cast a
ballot in time for the election. These states are listed in Exhibit 2.

These ballots are designed for military and overseas citizens who
because of a military contingency or location in a remote area will not
be able to receive regular mail service during the period before an
election when the regular state ballots are normally mailed and
received.

The FVAP works closely with the states on suggested legislative
initiatives to facilitate the absentee voting procedures for citizens
covered by the *UOCAVA* while maintaining the integrity of the process.

\(E\) The appropriate minimum period between the mailing of absentee
ballots to absent uniformed services voters and overseas voters and the
deadline for receipt of such ballots.

The most persistent problem that continues to face military and overseas
voters is the extremely short period of time these voters have to
receive, vote, and return their absentee ballots in order to be counted.
FVAP post-election surveys and U.S. Postal Service statistics indicate
that a 45-day transit time is needed for absentee ballots sent through
international mail or the military APO/ FPO (overseas) post offices.
This round trip transit time is especially necessary because of the
remote location and mobility of many military personnel and overseas
citizens such as sailors and marines aboard ship, airmen and sailors at
isolated tracking sites around the world, as well as Department of State
personnel, citizen employees of American multinational corporations and
other U.S citizens living and working in remote areas.

Since 2002, local election officials in several states, including
Illinois, Mississippi, Virginia, and Washington, have e-mailed unvoted
ballots to overseas voters. The states required that the voted ballot be
returned by mail, or in some cases allowed the voted ballot to be
returned by facsimile transmission.

\(F\) The timely transmission of balloting materials to absent uniformed
services voters and overseas voters.

The FVAP monitors selected counties in each state prior to an election
to help determine whether ballots are mailed in sufficient time
according to state law for the voter to receive, vote and return the
ballot by the state deadline for casting votes.

If for some reason states are unable to mail absentee ballots within
these timeframes, FVAP will work with the state on an ad hoc basis to
allow alternative arrangements such as expedited mailing, late counting,
use of the Federal Write-In Absentee Ballot (Exhibit 3) for other than
general elections and Federal offices and faxing of ballots. At times,
assistance from the Department of Justice, which has enforcement
responsibility for *UOCAVA*, to file litigation to remedy violations of
*UOCAVA* and to obtain remedies that ensure *UOCAVA* voters will be able
to cast their ballots is requested.

Forty-nine states and territories listed in Exhibit 2 mail absentee
ballots 30 or more days prior to all elections as follows:

  ----------------- ----------------- ----------------- -----------------
  Alabama           Iowa              New Hampshire     South Dakota

  Arizona           Kansas            New Jersey        Tennessee

  Colorado          Kentucky          New Mexico        Texas

  Connecticut       Louisiana         New York          Utah

  Delaware          Maine             North Carolina    Vermont

  District of       Maryland          North Dakota      Virginia
  Columbia                                              

  Florida           Michigan          Ohio              Virgin Islands

  Georgia           Minnesota         Oklahoma          West Virginia

  Guam              Mississippi       Oregon            Wisconsin

  Hawaii            Missouri          Pennsylvania      Wyoming

  Idaho             Montana           Puerto Rico       

  Illinois          Nebraska          Rhode Island      

  Indiana           Nevada            South Carolina    
  ----------------- ----------------- ----------------- -----------------

*The UOCAVA* establishes the Federal Write-In Absentee Ballot (FWAB)
(Exhibit 3) to be used by *UOCAVA* voters outside the U.S. during
general elections when these citizens have requested a regular state
absentee ballot at least 30 days prior to the election and have not
received the state ballot in time to be voted and returned to the
appropriate local election official. The FVAP distributes and
pre-positions this form worldwide to be available prior to elections.
Unless otherwise authorized by the state, the FWAB is limited to federal
offices. Eleven states have expanded the use of the FWAB to include its
use as a registration form, an absentee ballot request and a ballot for
other than general elections and/or other than Federal offices or for
use from within the U.S. The states which have passed laws to include
one or more of these FWAB expansions are Colorado, Connecticut, Iowa,
Maryland, Montana, Nebraska, Oklahoma, Rhode Island, Texas, Virginia and
West Virginia.

\(G\) Security and privacy concerns in the transmission, receipt, and
processing of ballots from absent uniformed services voters and overseas
voters, including the need to protect against fraud.

Ballots are transported from the local election official (LEO) to the
voter and back from the voter using postage indicia mandated by the
*UOCAVA* described in the United States Postal Service's Domestic Mail
Manual section E080. The FVAP provides sample ballot transmission and
return envelopes for use by local election officials when printing their
envelopes (see <http://www.fvap.gov/leo/postal.html#envdes>).

Local election officials compare the signature on the voted ballot
envelope with the signature on file to verify that the individual who
initially registered is the same person who voted the ballot.

Local election officials use a variety of methods to protect the
integrity of the process and identify attempts to reproduce and cast
more than one ballot for a particular election. They include comparing
the number of absentee ballots mailed out against the number of absentee
ballots returned, using ballot stub numbers and manual examination of
ballots for authenticity.

Individual voters also sign an affidavit on the Federal Post Card
Application (FPCA) form (Exhibit 4) declaring that all the information
stated on the form is true and that they are not registering or voting
in any other jurisdiction in the United States. The Federal Post Card
Application form is also available on-line at
<http://www.fvap.gov/pubs/onlinefpca.pdf>. The required information may
be typed in the appropriate spaces on the on-line version of the form,
which must be printed, signed, dated and placed in an envelope with
proper postage and mailed to the local election official.

Finally, the ballot return envelope from states that require oaths has
the following oath that the *UOCAVA* citizen is required to sign upon
completion of the ballot:

\(H\) The use of a single application by absent uniformed services
voters and overseas voters for absentee ballots for all Federal
elections occurring during a year.

*The UOCAVA* was amended in 2001 by Section 1606 of the *NDAA FY-02* and
in 2002 by Section 704 of the *HAVA* to allow for the use of a single
application to be used to request ballots for Federal offices in two
subsequent elections for Federal offices:

> SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.
>
> \(a\) IN GENERAL. ---If a State accepts and processes an official post
> card form (prescribed under section 101) submitted by an absent
> Uniformed Services voter or overseas voter for simultaneous voter
> registration and absentee ballot application (in accordance with
> section 102(a)(4)) and the voter requests that the application be
> considered an application for an absentee ballot for each subsequent
> election for Federal office held in the State through the next 2
> regularly scheduled general elections for Federal office (including
> any runoff elections which may occur as a result of the outcome of
> such general elections), the State shall provide an absentee ballot to
> the voter for each such subsequent election.

The FVAP informed the states of this requirement through letters (see
Exhibit 5) and a published interpretive memorandum on the *HAVA* (see
Exhibit 1 and <http://www.fvap.gov/leo/havamemo.pdf>) sent to each state
chief election official as well as presenting the information at
national and state level meetings of state and local election officials.

In order to notify local election officials of their current mailing
address, the FVAP will continue to recommend that *UOCAVA* citizens
submit the official post card form (the FPCA, SF-76) (Exhibit 4) to
their local election official annually in the month of January and
whenever they move or change their mailing address.

\(I\) The use of a single application for voter registration and
absentee ballots by absent uniformed services voters and overseas
voters.

Section 1606 of the *NDAA FY-02* amended the *UOCAVA* in 2001 to allow
for the use of a single application to be used to request voter
registration and to request an absentee ballot. The *UOCAVA*, Section
102 (a)(4) now includes the following:

> SEC. 102. STATE RESPONSIBILITIES.

(a) IN GENERAL. ---Each State shall ---

> \(4\) use the official post card form (prescribed under section 101)
> for simultaneous voter registration application and absentee ballot
> application

The FVAP informed the states of this requirement through a letter to
each state chief election official (see Exhibit 5) as well as presenting
the information at national and state level meetings of state and local
election officials.

**(J) The use of facsimile machines and electronic means of transmission
of absentee ballot applications and absentee ballots to absent uniformed
services voters and overseas voters.**

The FVAP operates an Electronic Transmission Service (ETS) to allow for
electronic transmission of election materials between local election
officials and citizens covered by the *UOCAVA*.

The ETS enables local election officials to transmit and receive
election materials via fax or email to/from Uniformed Services members
and overseas citizens. As a local election official, you may use the
service at no cost.

The ETS can forward the documents as either a fax or email, whichever
the local election official decides will best serve the voter. Also,
citizens in the Uniformed Services and other citizens in 51 countries
can fax election materials to their local election official toll free
where state law allows (see <http://www.fvap.gov/services/faxing.html>).

Forty-nine states and territories allow for electronic transmission of
the FPCA form (Exhibit 4) for registration and/or absentee ballot
request; 32 states permit delivery of blank ballots to voters by
facsimile or other electronic means; 23 states permit return of voted
ballot by facsimile (11 of these restrict use to special circumstances).
These states are shown in Exhibit 2 and may be found at:
<http://www.fvap.gov/vao/etschart.html>.

Some state and local jurisdictions, where state law permits, are using
e-mail as another alternative delivery method of ballots to citizens:

+-----------+----------------------------------------------------------+
| Florida   | All Counties                                             |
+-----------+----------------------------------------------------------+
| Illinois  | Chicago/Cook County                                      |
+-----------+----------------------------------------------------------+
| Louisiana | All Counties                                             |
+-----------+----------------------------------------------------------+
| Mi        | Pearl River County                                       |
| ssissippi |                                                          |
+-----------+----------------------------------------------------------+
| Virginia  | All Counties for Active Duty Military                    |
|           |                                                          |
|           | Counties Opt In To Pilot Program For Other UOCAVA        |
|           | Citizens                                                 |
+-----------+----------------------------------------------------------+
| W         | Benton, Chelan, Clallam, Clark, Cowlitz, Douglas,        |
| ashington | Franklin, Grays Harbor, Jefferson, King, Kitsap,         |
|           | Klickitat, Lincoln, Mason, Pierce, San Juan, Snohomish,  |
|           | Spokane, Stevens, Thurston, Walla Walla, Whatcom &       |
|           | Yakima Counties                                          |
+-----------+----------------------------------------------------------+

Los Angeles County, California has allowed voters to download ballots
from their website using the citizen's zip code and return them by mail.

**(K) Other issues related to the rights of absent uniformed services
voters and overseas voters to participate in elections.**

The following are some other best practices by states that the FVAP has
recognized:

-   Minnesota has a special brochure titled *Minnesota Military Absentee
    Voting* (see Exhibit 6). The brochure is available on their website
    at [http://www.sos.state.mn.us/election/Military
    Voting.pdf](http://www.sos.state.mn.us/election/Military Voting.pdf)

-   The Texas Secretary of State's Elections Division homepage
    (<http://www.sos.state.tx.us/elections>, Exhibit 7) is a good
    example of providing a separate section specifically for *UOCAVA*
    absentee voters that is readily seen and accessed.

-   Leon County, Florida works with their National Guard Family
    Assistance Center in Tallahassee to ensure that all members know how
    to vote by sending them an information packet that includes election
    dates and all mail voting deadlines and brochures titled *Frequently
    Asked Questions about Voter Registration*. They allow any registered
    voter of Leon County with access to the world wide web to request
    absentee ballots online from their website at
    <http://www.leonfl.org/elect> (see Exhibit 8). Many overseas
    civilians and military personnel from Leon County have utilized this
    service.

-   Virginia Beach, Virginia has an easy to understand explanation of
    who gets what type of absentee ballot application. They state on
    their website at [http://www.vbgov.com/dept/voter/vote_info.asp -
    abmail](http://www.vbgov.com/dept/voter/vote_info.asp#abmail):

```{=html}
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```
-   The Supervisor of Elections in Okaloosa County, Florida, Ms. Pat
    Hollarn (850-651-7272 or phollarn@co.okaloosa.fl.us**)** suggested
    these practices:

> ---Designated 2004 as the "Year of the Military Voter." FVAP and local
> Voting Assistance Officers participated at the Florida State
> Association of Supervisors of Elections conference.
>
> ---For change of address requests, encourage citizens to use not only
> the FPCA (see Exhibit 4), but also any other means of communication
> allowed by state law.
>
> ---Local election officials should put their e-mail address on
> everything and ask for it from citizens on all forms, on their
> website, etc.
>
> ---If the local election office receives over 500 absentee ballot
> requests in a day it is not always possible to process "on receipt".
> The date stamped in becomes the registration or request date and every
> document should be expedited as much as is humanly possible.

-   The Commonwealth of Virginia has created a new position at the State
    Board of Elections, that of *UOCAVA* Coordinator. Ms. Vickie R.
    Williams (800-552-9745 or vickie.williams@sbe.virginia.gov) will
    manage all aspects of contact with Uniformed Services and overseas
    citizens covered by the *UOCAVA*.

-   Virginia has a ballot transmission pilot program. In 2004, Virginia
    continues a special pilot program that assists citizens in reducing
    the time involved in the transmission of absentee ballots. *UOCAVA*
    voters can request that their ballots be transmitted to them either
    by e-mail or facsimile. All Virginia counties will attempt to fax or
    e-mail ballots to active duty military. Other counties will opt in
    to the pilot program for other *UOCAVA* citizens. Voters are
    required to return their ballots by either the postal service or
    commercial courier. The pilot program significantly reduces the
    process time by all but eliminating delays in getting the ballot to
    the voter.

-   Nebraska has a brochure devoted to members of the Armed Forces (see
    Exhibit 9). The Nebraska Military Voters Guide was designed in
    response to the increasing number of Nebraska's citizen soldiers
    being deployed overseas. The Secretary of State, Mr. John A Gale
    (402-471-2554 or sos08@nol.org) pursued this publication to ensure
    that our troops were informed of the process of casting a ballot
    while overseas. The guide has been posted on the Secretary of
    State's website. They worked in cooperation with the Nebraska
    National Guard to have the guide posted on their family program
    website. They will also be e-mailing the guide to soldiers currently
    deployed. The guide can be found at:
    [http://www.sos.state.ne.us/Elections/milvote/military
    guide.pdf](http://www.sos.state.ne.us/Elections/milvote/military guide.pdf)

-   The Supervisor of Elections office, Nassau County, Florida (Ms. Mary
    Mercer, 904-491-7500) conducted voter registration drives aboard the
    USS Kennedy (CVN-67) and at Naval Station Mayport and Naval Air
    Station Jacksonville to assist sailors to register and request
    absentee ballots.

-   Indiana has a booklet that provides clear instructions for military
    voters, families of military voters and overseas voters for how to
    register and vote absentee. It includes copies of all the forms
    described in the instructions, the Indiana election calendar, and
    contact information for federal, state and county election offices.
    (See Exhibit 10 )

-   The Missouri Secretary of State's web site has a section on
    military/overseas voter that is detailed and informative at
    <http://www.sos.mo.gov/elections/military/default.asp>. It does an
    excellent job of explaining Missouri's laws and practices for
    *UOCAVA* citizens.

-   Michigan has their Qualified Voter File serving double duty as a
    voter education product by attaching it to their Voter Information
    Center. This allows Michigan voters to access information such as
    verification of registration status, view a tutorial on how to
    properly mark a ballot and cast a valid vote, and local election
    official contacts.

#### CONCLUSION

After the 2002 election, many areas of improvement to the U.S. election
system became evident. Through legislation and practical aids, states
have improved their processes and procedures. Undoubtedly, this has
helped *UOCAVA* voters in exercising their right to vote. However, as
this report indicates, more can be done to carry out this important
responsibility to our Uniformed Services members and our overseas
citizens.

EXHIBITS

Exhibit 1 FVAP *HAVA* Interpretive Memo

Exhibit 2 Comparative Chart of State Policies

Exhibit 3 Federal Write-In Absentee Ballot (SF 186)

Exhibit 4 Federal Post Card Application (SF 76)

Exhibit 5 FVAP Letter to States After *NDAA FY-02* Passage dated 5/22/02
and

FVAP Letter to States After *HAVA* Passage dated 12/20/02

Exhibit 6 Minnesota Brochure

Exhibit 7 Texas Elections Division Homepage

Exhibit 8 Leon County, Florida Absentee Voting Homepage

Exhibit 9 Nebraska Brochure

Exhibit 10 State of Indiana *Military and Overseas Voter Guide 2004*

> (Full report provided under separate cover)

![](media/image2.jpeg){width="1.2458333333333333in" height="1.2375in"}

Interpretation of the

### Help America Vote Act of 2002 

Public Law 107-252 --- October 29, 2002

#### Based on the Requirements for U.S. Citizens Covered by the 

Uniformed and Overseas Citizens Absentee Voting Act

42 USC 1973ff

##### August 2003 

Federal Voting Assistance Program

Washington Headquarters Services

Department of Defense

**Exhibit 1**

Public Law 107-252---October 29, 2002

Help America Vote Act of 2002

**TITLE II---COMMISSION**

**Subtitle C---Studies and Other Activities To Promote Effective
Administration of Federal Elections**

**SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRACTICES FOR
FACILITATING MILITARY AND OVERSEAS VOTING.**

\(a\) STUDY.---

> \(1\) IN GENERAL.---The Commission, in consultation with the Secretary
> of Defense, shall conduct a study on the best practices for
> facilitating voting by absent uniformed services voters (as defined in
> section 107(1) of the Uniformed and Overseas Citizens Absentee Voting
> Act) and overseas voters (as defined in section 107(5) of such Act).
>
> \(2\) ISSUES CONSIDERED.---In conducting the study under paragraph (1)
> the Commission shall consider the following issues:
>
> \(A\) The rights of residence of uniformed services voters absent due
> to military orders.
>
> \(B\) The rights of absent uniformed services voters and overseas
> voters to register to vote and cast absentee ballots, including the
> right of such voters to cast a secret ballot.
>
> \(C\) The rights of absent uniformed services voters and overseas
> voters to submit absentee ballot applications early during an election
> year.
>
> \(D\) The appropriate pre-election deadline for mailing absentee
> ballots to absent uniformed services voters and overseas voters.
>
> \(E\) The appropriate minimum period between the mailing of absentee
> ballots to absent uniformed services voters and overseas voters and
> the deadline for receipt of such ballots.
>
> \(F\) The timely transmission of balloting materials to absent
> uniformed services voters and overseas voters.
>
> \(G\) Security and privacy concerns in the transmission, receipt, and
> processing of ballots from absent uniformed services voters and
> overseas voters, including the need to protect against fraud.
>
> \(H\) The use of a single application by absent uniformed services
> voters and overseas voters for absentee ballots for all Federal
> elections occurring during a year.
>
> \(I\) The use of a single application for voter registration and
> absentee ballots by absent uniformed services voters and overseas
> voters.
>
> \(J\) The use of facsimile machines and electronic means of
> transmission of absentee ballot applications and absentee ballots to
> absent uniformed services voters and overseas voters.
>
> \(K\) Other issues related to the rights of absent uniformed services
> voters and overseas voters to participate in elections.

\(b\) REPORT AND RECOMMENDATIONS.---Not later than the date that is 18
months after the date of the enactment of this Act, the Commission shall
submit to the President and Congress a report on the study conducted
under subsection (a)(1) together with recommendations identifying the
best practices used with respect to the issues considered under
subsection (a)(2).

[FVAP Interpretation]{.underline}: Once the Election Assistance
Commission is appointed, FVAP will work with the Commission in their
study of the issues outlined above. The report is due to the President
and Congress by April 29, 2004. FVAP is gathering data from a variety of
program sources and soliciting information on the above topics from
State and local election officials.

**SEC. 245. STUDY AND REPORT ON ELECTRONIC VOTING AND THE ELECTORAL
PROCESS.**

\(a\) STUDY.---

> \(1\) IN GENERAL.---The Commission shall conduct a thorough study of
> issues and challenges, specifically to include the potential for
> election fraud, presented by incorporating communications and Internet
> technologies in the Federal, State, and local electoral process.
>
> \(2\) ISSUES TO BE STUDIED.---The Commission may include in the study
> conducted under paragraph (1) an examination of---
>
> \(A\) the appropriate security measures required and minimum standards
> for certification of systems or technologies in order to minimize the
> potential for fraud in voting or in the registration of qualified
> citizens to register and vote;
>
> \(B\) the possible methods, such as Internet or other communications
> technologies, that may be utilized in the electoral process, including
> the use of those technologies to register voters and enable citizens
> to vote online, and recommendations concerning statutes and rules to
> be adopted in order to implement an online or Internet system in the
> electoral process;
>
> \(C\) the impact that new communications or Internet technology
> systems for use in the electoral process could have on voter
> participation rates, voter education, public accessibility, potential
> external influences during the elections process, voter privacy and
> anonymity, and other issues related to the conduct and administration
> of elections;
>
> \(D\) whether other aspects of the electoral process, such as public
> availability of candidate information and citizen communication with
> candidates, could benefit from the increased use of online or Internet
> technologies;
>
> \(E\) the requirements for authorization of collection, storage, and
> processing of electronically generated and transmitted digital
> messages to permit any eligible person to register to vote or vote in
> an election, including applying for and casting an absentee ballot;
>
> \(F\) the implementation cost of an online or Internet voting or voter
> registration system and the costs of elections after implementation
> (including a comparison of total cost savings for the administration
> of the electoral process by using Internet technologies or systems);
>
> \(G\) identification of current and foreseeable online and Internet
> technologies for use in the registration of voters, for voting, or for
> the purpose of reducing election fraud, currently available or in use
> by election authorities;
>
> \(H\) the means by which to ensure and achieve equity of access to
> online or Internet voting or voter registration systems and address
> the fairness of such systems to all citizens; and
>
> \(I\) the impact of technology on the speed, timeliness, and accuracy
> of vote counts in Federal, State, and local elections.
>
> \(b\) REPORT.---
>
> \(1\) SUBMISSION.---Not later than 20 months after the date of the
> enactment of this Act, the Commission shall transmit to the Committee
> on House Administration of the House of Representatives and the
> Committee on Rules and Administration of the Senate a report on the
> results of the study conducted under subsection (a), including such
> legislative recommendations or model State laws as are required to
> address the findings of the Commission.
>
> \(2\) INTERNET POSTING.---In addition to the dissemination
> requirements under chapter 19 of title 44, United States Code, the
> Election Administration Commission shall post the report transmitted
> under paragraph (1) on an Internet website.

[FVAP Interpretation]{.underline}: Title XVI, Section 1604 of *The
National Defense Authorization Act for Fiscal Year 2002* requires the
Secretary of Defense to conduct an electronic voting demonstration
project. The project, called the Secure Electronic Registration and
Voting Experiment (SERVE), will allow *Uniformed and Overseas Citizens
Absentee Voting Act (UOCAVA)* citizens in participating States to
register and vote via the Internet in the 2004 elections. Sec. 1604
mandates a report to Congress on the effectiveness of SERVE by June 1,
2005. The SERVE evaluation methodology is being structured to capture
data on many of the issues identified in Sec. 245.(a)(2) of the HAVA.

The EAC report to the House and Senate Committees is due June 29, 2004.
The Director, FVAP, (on behalf of the Secretary of Defense) will work
with the EAC in formulating their report.

**TITLE III---UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND
ADMINISTRATION REQUIREMENTS**

# **Subtitle A---Requirements** 

**SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS
AND REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.**

\(b\) REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.---

> \(1\) IN GENERAL.---Notwithstanding section 6(c) of the National Voter
> Registration Act of 1993 (42 U.S.C. 1973gg-- 4(c)) and subject to
> paragraph (3), a State shall, in a uniform and nondiscriminatory
> manner, require an individual to meet the requirements of paragraph
> (2) if---
>
> \(A\) the individual registered to vote in a jurisdiction by mail; and
>
> \(B\) (i) the individual has not previously voted in an election for
> Federal office in the State; or
>
> \(ii\) the individual has not previously voted in such an election in
> the jurisdiction and the jurisdiction is located in a State that does
> not have a computerized list that complies with the requirements of
> subsection (a).
>
> \(2\) REQUIREMENTS.---
>
> \(A\) IN GENERAL.---An individual meets the requirements of this
> paragraph if the individual---
>
> \(i\) in the case of an individual who votes in person---
>
> \(I\) presents to the appropriate State or local election official a
> current and valid photo identification; or
>
> \(II\) presents to the appropriate State or local election official a
> copy of a current utility bill, bank statement, government check,
> paycheck, or other government document that shows the name and address
> of the voter; or
>
> \(ii\) in the case of an individual who votes by mail, submits with
> the ballot---
>
> \(I\) a copy of a current and valid photo identification; or
>
> \(II\) a copy of a current utility bill, bank statement, government
> check,
>
> paycheck, or other government document that shows the name and address
> of the voter; or
>
> \(B\) FAIL-SAFE VOTING.---
>
> \(i\) IN PERSON.---An individual who desires to vote in person, but
> who does not meet the requirements of subparagraph (A)(i), may cast a
> provisional ballot
>
> under section 302(a).
>
> \(ii\) BY MAIL.---An individual who desires to vote by mail but who
> does not meet the requirements of subparagraph (A)(ii) may cast such a
> ballot by mail and the ballot shall be counted as a provisional ballot
> in accordance with section 302(a).
>
> \(3\) INAPPLICABILITY.---Paragraph (1) shall not apply in the case of
> a person---
>
> \(A\) who registers to vote by mail under section 6 of the National
> Voter Registration Act of 1993 (42 U.S.C. 1973gg--4) and submits as
> part of such registration either---
>
> \(i\) a copy of a current and valid photo identification; or
>
> \(ii\) a copy of a current utility bill, bank statement, government
> check, paycheck, or government document that shows the name and
> address of the voter;
>
> \(B\) (i) who registers to vote by mail under section 6 of the
> National Voter Registration Act of 1993 (42 U.S.C. 1973gg--4) and
> submits with such registration either---
>
> \(I\) a driver's license number; or
>
> \(II\) at least the last 4 digits of the individual's social security
> number;

and

> \(ii\) with respect to whom a State or local election official matches
> the information submitted under clause (i) with an existing State
> identification record bearing the same number, name and date of birth
> as provided in such
>
> registration; or
>
> \(C\) who is---(i) entitled to vote by absentee ballot under the
> Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
> 1973ff--1 et seq.);
>
> \(ii\) provided the right to vote otherwise than in person under
> section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and
> Handicapped Act (42 U.S.C. 1973ee--1(b)(2)(B)(ii)); or
>
> \(iii\) entitled to vote otherwise than in person under any other
> Federal law.

\(c\) PERMITTED USE OF LAST 4 DIGITS OF SOCIAL SECURITY NUMBERS.---The
last 4 digits of a social security number described in subsections
(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a
social security number for purposes of section 7 of the Privacy Act of
1974 (5 U.S.C. 552a note).

\(d\) EFFECTIVE DATE.---

\(1\) COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS.---

> \(A\) IN GENERAL.---Except as provided in subparagraph (B), each State
> and jurisdiction shall be required to comply with the requirements of
> subsection (a) on and after
>
> January 1, 2004.
>
> \(B\) WAIVER.---If a State or jurisdiction certifies to the Commission
> not later than January 1, 2004, that the State or jurisdiction will
> not meet the deadline described in subparagraph (A) for good cause and
> includes in the certification the reasons for the failure to meet such
> deadline, subparagraph (A) shall apply to the State or jurisdiction as
> if the reference in such subparagraph to ''January 1, 2004'' were a
> reference to ''January 1, 2006''.

\(2\) REQUIREMENT FOR VOTERS WHO REGISTER BY MAIL.---

> \(A\) IN GENERAL.---Each State and jurisdiction shall be required to
> comply with the requirements of subsection (b) on and after January 1,
> 2004, and shall be prepared to receive registration materials
> submitted by individuals described in subparagraph (B) on and after
> the date described in such subparagraph.
>
> \(B\) APPLICABILITY WITH RESPECT TO INDIVIDUALS.---The provisions of
> subsection (b) shall apply to any individual who registers to vote on
> or after January 1, 2003.

#  

# [FVAP Interpretation:]{.underline} When registering by mail, citizens covered by the *Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)* are exempt under SEC.303.(b)(3)(C) from the requirement to provide a copy of a valid photo identification or other documentation that shows the name and address of the voter as defined in paragraph (1) of SEC.303. *UOCAVA* citizens include members of the Uniformed Services, members of the merchant marine, and overseas citizens. Uniformed Services are defined as the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard); the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration; and family members of the above. Overseas citizens are defined as U.S. citizens who reside outside the United States. 

# **TITLE VII---VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS** 

**SEC. 701. VOTING ASSISTANCE PROGRAMS.**

\(a\) VOTING ASSISTANCE OFFICERS.---Subsection (f) of section 1566 of
title 10, United States Code, as added by section 1602(a) of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107--107; 115 Stat. 1274), is amended---

> \(1\) by striking ''Voting assistance'' in the first sentence

and inserting ''(1) Voting assistance''; and

> \(2\) by adding at the end the following new paragraph:

''(2) Under regulations and procedures (including directives) prescribed
by the Secretary, a member of the armed forces appointed or assigned to
duty as a voting assistance officer shall, to the maximum extent
practicable, be given the time and resources needed to perform the
member's duties as a voting assistance officer during the period in
advance of a general election when members and their dependents are
preparing and submitting absentee ballots.''.

[FVAP Interpretation]{.underline}: This section requires the Service
Secretaries to ensure that Voting Assistance Officers (VAOs) are
provided time and other support needed to accomplish their duties.
Assignment as a VAO is a collateral assignment that is subordinate to
the individual's primary responsibilities. This direction emphasizes the
importance of the VAO duties, especially leading up to a general
election. The Department of Defense Directive 1000.4 and the Secretary
of Defense's Voting Action Plan includes these requirements.

\(b\) POSTMARKING OF OVERSEAS VOTING MATERIALS.---Subsection (g)(2) of
such section is amended by adding at the end the following: ''The
Secretary shall, to the maximum extent practicable,

implement measures to ensure that a postmark or other official proof of
mailing date is provided on each absentee ballot collected at any
overseas location or vessel at sea whenever the Department of Defense is
responsible for collecting mail for return shipment to the United
States. The Secretary shall ensure that the measures implemented under
the preceding sentence do not result in the delivery of absentee ballots
to the final destination of such ballots after the date on which the
election for Federal office is held. Not later than the date that is 6
months after the date of the enactment of the Help America Vote Act of
2002, the Secretary shall submit to Congress a report describing the
measures to be implemented to ensure the timely transmittal and
postmarking of voting materials and identifying the persons responsible
for implementing such measures.''.

[FVAP Interpretation]{.underline}: The postmarking measures addressed in
this section were implemented starting with the 2002 General Election
and the report to Congress was submitted in April 2003. These measures
will guarantee postmarking of all absentee ballots to the maximum extent
practicable and ensure that a postmark is placed on absentee ballot
envelopes. In instances where a postmark is not evident, FVAP encourages
election officials to accept the date the ballot envelope was signed and
dated as evidence of when the voter cast the ballot.

\(c\) PROVIDING NOTICE OF DEADLINES AND REQUIREMENTS.--- Such section is
amended by adding at the end the following new subsection:

''(h) NOTICE OF DEADLINES AND REQUIREMENTS.---The Secretary of each
military department, utilizing the voting assistance officer network
established for each military installation, shall, to the maximum extent
practicable, provide notice to members of the Armed Forces stationed at
that installation of the last date before a general Federal election for
which absentee ballots mailed from a postal facility located at that
installation can reasonably be expected to be timely delivered to the
appropriate State and local election officials.''.

[FVAP Interpretation]{.underline}: This section requires the commanders
of military installations to publicize a recommended date for absentee
ballots to be mailed from their location prior to a general election for
Federal Office. This procedure parallels the general procedure of
recommending mailing dates from overseas for holiday letters and
packages. FVAP will continue to recommend that *Uniformed and Overseas
Citizens Absentee Voting Act (UOCAVA)* citizens mail their voted ballots
to their local election official by October 15, or as soon as they are
received anytime up until election day, as many States have
late-counting procedures in place.

\(d\) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND
DEPENDENTS.---Such section is further amended by adding at the end the
following new subsection:

''(i) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND
DEPENDENTS.---(1) The Secretary of each military department, using a
variety of means including both print and electronic media, shall,

to the maximum extent practicable, ensure that members of the Armed
Forces and their dependents who are qualified to vote have ready access
to information regarding voter registration requirements and deadlines
(including voter registration), absentee ballot application requirements
and deadlines, and the availability of

voting assistance officers to assist members and dependents to
understand and comply with these requirements.

''(2) The Secretary of each military department shall make the national
voter registration form prepared for purposes of the Uniformed and
Overseas Citizens Absentee Voting Act by the Federal Election Commission
available so that each person who enlists shall receive such form at the
time of the enlistment, or as soon thereafter as practicable.

''(3) Where practicable, a special day or days shall be designated at
each military installation for the purpose of informing members of the
Armed Forces and their dependents of election timing, registration
requirements, and voting procedures.''.

[FVAP Interpretation]{.underline}: This section requires the Services to
publicly promote and advertise their voting programs including
information on the availability of Voting Assistance Officers. This
information is to be available to both Service members and voting age
dependents. The FVAP continues to work with the Uniformed Services to
ensure that each new enlistee receives an FPCA and instructions and
assistance to complete the FPCA as part of basic training. This is a
requirement of the Services through Department of Defense Directive
1000.4.

In even-numbered years, FVAP will continue to promote its Overseas
Citizens Voters Week and Armed Forces Voters Week held around
Independence Day and Labor Day, respectively. These events help to
increase voter awareness of upcoming elections and provide an
opportunity for citizens to receive assistance in completing the Federal
Post Card Application form, which is used to apply for voter
registration and to request an absentee ballot from the local election
official in their jurisdiction of legal voting residence. FVAP
encourages U.S. citizens, Uniformed Services and overseas Federal
employee Voting Assistance Officers to hold voter registration and
election awareness events year-round. FVAP distributes a biennial Voting
Action Plan to the services that serves as a roadmap to carrying out
voting assistance programs.

**SEC. 702. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON
REGISTRATION AND ABSENTEE BALLOTS FOR ALL VOTERS IN STATE.**

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff--1) is amended---

\(1\) by inserting ''(a) IN GENERAL.---'' before ''Each State''; and

\(2\) by adding at the end the following new subsection:

''(b) DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON
REGISTRATION AND ABSENTEE BALLOT PROCEDURES FOR ALL VOTERS IN STATE.---

> ''(1) IN GENERAL.---Each State shall designate a single office which
> shall be 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.

[FVAP Interpretation]{.underline}: FVAP recommends that this central
office provide specific information online regarding the absentee
balloting process for *Uniformed and Overseas Citizens Absentee Voting
Act (UOCAVA)* voters. The website should clearly differentiate between
regular State absentee voters and *UOCAVA* absentee voters and include
ways for voters to determine if they qualify to vote under *UOCAVA*
status. FVAP suggests including information that allows the voter to:

1.  • Determine if they meet State residency requirements;

    • Obtain a Federal Post Card Application (FPCA);

    • Access the Online Federal Post Card Application (OFPCA) via link
    to the FVAP site;

    • Access the State specific pages in Chapter 3 of the *Voting
    Assistance Guide* via link to the FVAP site, which includes the
    proper mailing address (County, Parrish, City, etc.) for the
    submission of FPCAs.

    • Get information concerning a State write-in absentee ballot (where
    applicable);

    • Understand qualifications for receiving a ballot for primary and
    special elections;

    • Read requirements concerning electronic transmission of election
    materials and information.

FVAP suggests the following sample language for the definition of
*UOCAVA* voters on your website:

> *Citizens who are members of the Uniformed Services, merchant marine,
> commissioned corps of the Public Health Service, the National Oceanic
> and Atmospheric Administration and the family members of the above and
> overseas citizens. Uniformed Services are defined as the U.S. Armed
> Forces (Navy, Army, Air Force, Marine Corps and Coast Guard), merchant
> marine, commissioned corps of the Public Health Service and the
> National Oceanic and Atmospheric Administration and family members of
> all of the above. Overseas citizens are defined as citizens who reside
> outside the United States.*

The Texas Secretary of State's website
{http://www.sos.state.tx.us/elections} is a good example to refer to
when differentiating between *UOCAVA* absentee voters and other State
absentee voters.

Local websites offering information for *UOCAVA* citizens should follow
the guidelines above.

> ''(2) RECOMMENDATION REGARDING USE OF OFFICE TO ACCEPT AND PROCESS
> MATERIALS.---Congress recommends that the State office designated
> under paragraph (1) be responsible for carrying out the State's duties
> under this Act, including accepting valid voter registration
> applications, absentee ballot applications, and absentee ballots
> (including Federal write-in absentee ballots) from all absent
> uniformed services voters and overseas voters who wish to register to
> vote or vote in any jurisdiction in the State.''.

[FVAP Interpretation:]{.underline} The goal of the FVAP in working with
the States is to assure the quickest delivery of ballots to *Uniformed
and Overseas Citizens Absentee Voting Act (UOCAVA)* citizens and the
quickest return of ballots from *UOCAVA* citizens. FVAP recommends that
States continue or adopt methods that achieve this end. We discourage
any procedures that add a step or time delay into the process (i.e. a
central State office address for receipt of registration forms which are
then distributed to local election offices to be processed without a
corresponding extension of mail transit time or registration and ballot
due dates). The FVAP will work with any State considering a change to
their current procedures to ensure the timely transmission and return of
ballots to and from *UOCAVA* citizens.

SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER
GENERAL ELECTIONS.

\(a\) IN GENERAL.---Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff--1), as amended by section 702, is
amended by adding at the end the following

new subsection:

''(c) REPORT ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED AND
RECEIVED.---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 report available to
the general

public.''.

\(b\) DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS.--- The Election
Assistance Commission, working with the Election Assistance Commission
Board of Advisors and the Election Assistance Commission Standards
Board, shall develop a standardized format for the reports submitted by
States and units of local government under section 102(c) of the
Uniformed and Overseas Citizens Absentee Voting Act (as added by
subsection (a)), and shall make the format available to the States and
units of local government submitting such reports.

[FVAP Interpretation]{.underline}: States are required to report the
number of *Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)*
ballots that are sent, returned and counted after a general election for
Federal office to the Election Assistance Commission (EAC). The
Director, FVAP, will work with the EAC and the States to improve the
percentage of ballots returned and counted. The FVAP 2004 post-election
survey of local election officials will collect related data which,
coupled with the EAC data will discern the reason why ballots were not
counted and lead to further improvement of the absentee voting process
for *UOCAVA* citizens.

**SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE BALLOT
APPLICATION.**

Section 104(a) of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff--1), as amended by section 1606(b) of the National
Defense Authorization Act for Fiscal Year 2002

(Public Law 107--107; 115 Stat. 1279), is amended by striking ''during
that year,'' and all that follows and inserting the following: ''through
the next 2 regularly scheduled general elections for Federal

office (including any runoff elections which may occur as a result of
the outcome of such general elections), the State shall provide an
absentee ballot to the voter for each such subsequent

election.''.

[FVAP Interpretation]{.underline}: Upon receipt and approval of an FPCA
from a *Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)*
citizen, the State shall provide the citizen with ballots for each
subsequent election for Federal office in the State through the next two
general elections for Federal office. This becomes effective January 1,
2004.

Example 1: Johnson County receives an FPCA from a *UOCAVA* citizen
qualified to vote in the jurisdiction on January 1, 2004. The State will
provide the citizen with ballots for each election that includes Federal
offices through the 2006 election cycle.

Example 2: Johnson County receives an FPCA from a *UOCAVA* citizen
qualified to vote in the jurisdiction on November 30, 2004. The State
will provide the citizen with ballots for each election that includes
Federal offices through the 2008 election cycle.

In order to notify local election officials of their current mailing
address, the FVAP will continue to recommend that UOCAVA citizens submit
an FPCA annually in the month of January and whenever they move or
change their mailing address.

**SEC. 705. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER UNIFORMED
AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.**

\(a\) EDUCATING ELECTION OFFICIALS ON RESPONSIBILITIES UNDER
ACT.---Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by striking the semicolon
at the end and inserting the following: '',and ensure that such
officials are aware of the requirements of this Act;''.

[FVAP Interpretation]{.underline}: Part of the FVAP's mission in
carrying out the *Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA)* is working with and ensuring the education of State and local
election officials regarding the enfranchisement of *UOCAVA* citizens
through presence at national election organizational conferences and
meetings (e.g., The National Association of Secretaries of State, the
National Association of State Election Directors, the International
Association of Clerks, Recorders, Election Officials and Treasurers, the
Election Center, the National Association of Counties) as well as
regional or State and local election officials conferences.

The Director of the Federal Voting Assistance Program, as a member of
the Election Assistance Commission's Board of Advisors, along with
representatives from the above organizations, will work with the EAC to
improve the absentee voting process for *UOCAVA* citizens. The FVAP will
also continue to utilize its website, newsletter and other publications,
professional publications such as *Election Administration Reports*, and
maintain daily contact with State and local election officials through
the FVAP's ombudsman service to ensure understanding of the *UOCAVA*
requirements and processes by all election officials and *UOCAVA*
citizens.

> \(b\) DEVELOPMENT OF STANDARD OATH FOR USE WITH MATERIALS.---

\(1\) IN GENERAL.---Section 101(b) of such Act (42 U.S.C.1973ff(b)) is
amended---

> \(A\) by striking ''and'' at the end of paragraph (5);
>
> \(B\) by striking the period at the end of paragraph (6) and inserting
> ''; and''; and
>
> \(C\) by adding at the end the following new paragraph:
>
> ''(7) prescribe a standard oath for use with any document under this
> title affirming that a material misstatement of fact in the completion
> of such a document may constitute grounds

for a conviction for perjury.''.

> \(2\) REQUIRING STATES TO USE STANDARD OATH.---Section 102(a) of such
> Act (42 U.S.C. 1973ff--1(b)), as amended by section 702, is amended---
>
> \(A\) by striking ''and'' at the end of paragraph (3);
>
> \(B\) by striking the period at the end of paragraph (4) and inserting
> ''; and''; and
>
> \(C\) by adding at the end the following new paragraph:
>
> ''(5) if the State requires an oath or affirmation to accompany any
> document under this title, use the standard oath prescribed by the
> Presidential designee under section 101(b)(7).''.

[FVAP Interpretation]{.underline}: Effective January 1, 2004, the
standard oath should be used by local election officials in States where
an oath is currently required on the ballot return envelope used by
*Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)* citizens.
State absentee registration forms are not required to include the
standard oath. States or localities with an excess of previously printed
absentee ballot return envelopes for *UOCAVA* citizens may use a sticker
or stamp with the oath until such time that new envelopes are printed.

States may append the oath as required by State law or administrative
procedure.

The Standard Oath is prescribed as follows:

Append the following section to the above oath when State law requires
that the oath be witnessed or notarized:

> \(c\) PROVIDING STATISTICAL ANALYSIS OF VOTER PARTICIPATION FOR BOTH
> OVERSEAS VOTERS AND ABSENT UNIFORMED SERVICES VOTERS.---Section
> 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is

amended by striking ''a general assessment'' and inserting ''a separate
statistical analysis''.

[FVAP Interpretation]{.underline}: The Director, Federal Voting
Assistance Program (FVAP), acts for the Presidential designee for the
administration of the *Uniformed and Overseas Citizens Absentee* *Voting
Act (UOCAVA) of 1986*. The FVAP has and will continue to provide a
report to the President and Congress on the effectiveness of assistance
under the *Act*, including a statistical analysis of voter participation
and a description of State-Federal cooperation.

**SEC. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND ABSENTEE
BALLOT APPLICATIONS ON GROUNDS OF EARLY SUBMISSION.**

\(a\) IN GENERAL.---Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff--3), as amended by section 1606(b)
of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107--107; 115 Stat. 1279), is amended by adding at the end the
following new subsection:

''(e) PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS OF EARLY
SUBMISSION.---A State may not refuse to accept or process, with respect
to any election for Federal office, any otherwise valid

voter registration application or absentee ballot application (including
the postcard form prescribed under section 101) submitted by an absent
uniformed services voter during a year on the grounds that the voter
submitted the application before the first date on which the State
otherwise accepts or processes such

applications for that year submitted by absentee voters who are not
members of the uniformed services.''.

\(b\) EFFECTIVE DATE.---The amendment made by subsection (a) shall apply
with respect to elections for Federal office that occur after January 1,
2004.

[FVAP Interpretation]{.underline}: The provisions of this section apply
exclusively to members of the Uniformed Services that are defined as the
U.S. Armed Forces (Navy, Army, Air Force, Marine Corps and Coast Guard),
merchant marine, commissioned corps of the Public Health Service and the
National Oceanic and Atmospheric Administration and family members of
all of the above.

Example 1: Lt. Col. John Smith, stationed in Germany, submits an FPCA in
January 2004 for the November 2004 election. State law says absentee
ballot requests are not processed until 90 days before the election. The
State must accept and process Lt. Col Smith's application. It cannot be
rejected on the grounds of early submission.

Example 2: Jane Smith, the spouse of Lt. Col. John Smith, resides in
Germany where her husband is stationed. She submits an FPCA in January
2004 for the November 2004 election. State law says absentee ballot
requests are not processed until 90 days before the election. The State
must accept and process Mrs. Smith's application. It cannot be rejected
on the grounds of early submission.

Example 3: John Doe is a U.S. citizen working overseas with no official
U.S. government affiliation. He submits an FPCA in January 2004 for the
November 2004 election. State law says absentee ballot requests are not
processed until 90 days before the election. FVAP recommends the State
accept and process Mr. Doe's application as soon as it arrives to avoid
possible delays due to an incomplete form, no signature on the form,
etc.

**SEC. 707. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF OVERSEAS AND
ABSENT UNIFORMED SERVICES VOTERS.**

Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff--1), as amended by the preceding provisions of this
title, is amended by adding at the end the following new subsection:

''(d) REGISTRATION NOTIFICATION.---With respect to each absent uniformed
services voter and each overseas voter who submits a voter registration
application or an absentee ballot request, if the State rejects the
application or request, the State shall provide the voter with the
reasons for the rejection.''.

[FVAP Interpretation]{.underline}: States process voter registration
applications and absentee ballot requests from Uniformed Services and
overseas voters upon receipt. If the State rejects the application or
ballot request, the State should use the most expedient means available
to notify the voter of the reasons for rejection. Such means may include
postal mail (including the small postage paid return post card portion
of the Federal Post Card Application), telephone, electronic mail, or
facsimile. FVAP provides an electronic transmission service that state
and local election officials may use to fax (toll free at
1-800-368-8683) absentee uniformed services and overseas voters. See
www.fvap.gov.

  --------------- --------- ---------- ----------- -------------- ----------- -------------- -----------
                  45 Day    State      Mail        Electronic     Permit      Permit Return  Permit
                  Ballot    Write-in   Ballots 30  Transmission   Delivery of of Voted       Delivery of
                  Transit   Absentee   or more     of the FPCA    Blank       Ballot by      Blank
                  Time      Ballots    days prior                 Ballots to  Facsimile^2^   Ballots by
                            (30-180    to                         Voters by                  E-Mail^3^
                            days       elections                  Facsimile                  
                            prior)                                                           

  Alabama                              X                                                     

  Alaska                    X                      X              X           X              

  American Samoa                                   X                                         

  Arizona                   X          X           X              X           X              

  Arkansas                                         X                                         

  California                X                      X              X                          

  Colorado                  X          X           X              X           X              

  Connecticut     X         X          X           X                                         

  Delaware        X         X                      X                                         

  District of     X                    X           X              X           X              
  Columbia                                                                                   

  Florida         X         X          X           X              X           X              X

  Georgia         X         X          X           X                                         

  Guam            X                    X                                                     

  Hawaii                               X           X              X           X              

  Idaho           X                    X           X              X                          

  Illinois        X                    X           X                                         X

  Indiana         X         X          X           X              X           X              

  Iowa            X         X          X           X                                         

  Kansas          X                    X           X              X           X              

  Kentucky        X                    X           X              X                          

  Louisiana       X         X          X           X              X           X              X

  Maine           X         X          X           X              X           X              

  Maryland        X                    X           X              X                          

  Massachusetts   X^1^                             X                                         

  Michigan        X                    X           X                                         

  Minnesota                            X           X                                         

  Mississippi     X                    X           X              X           X              X

  Missouri                  X          X           X                                         

  Montana                              X           X              X           X              

  Nebraska        X         X          X           X                                         

  Nevada                               X           X              X                          

  New Hampshire             X          X                                                     

  New Jersey                           X           X              X           X              

  New Mexico      X                    X           X              X           X              

  New York        X                    X                                                     

  North Carolina  X                    X           X              X           X              

  North Dakota              X          X           X              X           X              

  Ohio            X                    X           X              X                          

  Oklahoma                  X          X           X              X           X              

  Oregon          X         X          X           X              X                          

  Pennsylvania    X         X          X           X              X                          

  Puerto Rico     X                    X           X                                         

  Rhode Island    X         X          X           X              X           X              

  South Carolina  X         X          X           X              X           X              

  South Dakota                         X                                                     

  Tennessee       X         X          X           X                                         

  Texas           X         X          X           X                          X              

  Utah                      X          X           X              X           X              

  Vermont                              X           X              X                          

  Virginia        X         X          X           X                                         X

  Virgin Islands                       X           X              X           X              

  Washington                X                      X              X           X              X

  West Virginia   X                    X           X                                         

  Wisconsin                 X          X           X              X                          

  Wyoming                              X                                                     

  **TOTALS**      **32**    **27**     **49**      **49**         **32**      **23**         **6**
  --------------- --------- ---------- ----------- -------------- ----------- -------------- -----------

^1^ Primary election ^2^ See Voting Assistance Guide on-line at
[www.fvap.gov](http://www.fvap.gov/) 3 Not all counties

**Exhibit 2**

![](media/image3.png){width="9.45in" height="5.154861111111111in"}

**Federal Write-In Absentee Ballot**

**Exhibit 3**

**Federal Write-In Absentee Ballot**![](media/image4.png){width="6.25in"
height="8.870138888888889in"} **continued**

![](media/image5.png){width="7.5in" height="8.875in"}**Exhibit 4**

![](media/image6.jpeg){width="7.267361111111111in"
height="8.783333333333333in"}

**On-Line Federal Post Card Application**

![](media/image7.png){width="5.992361111111111in"
height="8.672916666666667in"}

**Exhibit 5**

![](media/image8.png){width="6.24375in" height="9.125in"}

![](media/image9.png){width="6.434722222222222in"
height="9.245833333333334in"}

![](media/image10.png){width="6.870833333333334in"
height="5.129861111111111in"}

**4**

![](media/image11.png){width="7.020138888888889in" height="8.5in"}

![](media/image12.png){width="6.238888888888889in"
height="8.004861111111111in"}

![](media/image13.png){width="8.84375in" height="6.188194444444444in"}

**Minnesota Brochure**

**Exhibit 6**

![](media/image14.png){width="8.479166666666666in"
height="6.458333333333333in"}

**Minnesota Brochure continued**

Texas Elections Division Homepage

<http://www.sos.state.tx.us/elections>

![](media/image15.png){width="8.30625in" height="5.26875in"}

**Exhibit 7**

**Leon County Florida Absentee Voting Homepage**

<http://www.leonfl.org/elect>

![](media/image16.png){width="7.295833333333333in"
height="4.326388888888889in"}

**Exh**

**Exhibit 8**

![](media/image17.png){width="8.920833333333333in"
height="5.875694444444444in"}

**Nebraska Brochure**

**Exhibit 9**

![](media/image18.png){width="7.761111111111111in"
height="5.829861111111111in"}

**Nebraska Brochure continued**

![](media/image19.png){width="6.497222222222222in"
height="8.124305555555555in"}

**Exhibit 10**

[**State of Indiana *Military and Overseas Voter Guide
2004***](../IN%20Guide%20For%20FVAP%20Doc.pdf)

**(Full report provided under separate cover)**