Overseas Voting:

The Uniformed and Overseas Citizens 

Absentee Voting Act 

Robert Timothy Reagan

Federal Judicial Center

2016

This Federal Judicial Center publication was undertaken in furtherance of the 

Center’s statutory mission to develop and conduct research and education programs for the judicial branch. While the Center regards the content as responsible 

and valuable, it does not reflect policy or recommendations of the Board of the 

Federal Judicial Center.
first printing
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Contents

Introduction 1

History 1

Remedies 3

Forty-Five Days 7

Federal Write-In Absentee Ballot 15

Territories 17

Standing 16

Equal Protection 22

Privacy 23

State Elections 25

Conclusion 26

Appendix: The Uniformed and Overseas Citizens Absentee 

Voting Act 27
1

Introduction

The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) 

requires the federal and state governments to facilitate overseas citizens’ 

participation in federal elections. This includes enabling overseas citizens 

to register and vote. In particular, jurisdictions must be able to send out 

absentee ballots to overseas voters at least forty-five days before federal 

elections.

The enfranchisement of overseas voters began with military personnel, 

extended to their families, and then extended to citizens who are overseas 

for other reasons. An overseas citizen is typically eligible to vote in the last 

location of a stateside domicile.

History

“Immediately prior to the Civil War, only one state—Pennsylvania—had 

provisions that permitted absent servicemen to vote, but by 1864 nineteen 

of twenty-five Union states, and seven of eleven Confederate states, had 

implemented some means of allowing their soldiers to vote away from 

their home polling place.”1

On September 16, 1942, President Roosevelt signed a federal act entitling members of the military serving in times of war to vote absentee in 

federal elections.2 The act was amended in 1944 to provide states with recommendations on how they could facilitate absentee voting by persons 

away at war.3 The amendments established a United States War Ballot 

Commission consisting of the Secretary of War, the Secretary of the Navy, 

1. Steven F. Huefner, Lessons from Improvements in Military and Overseas 

Voting, 47 U. Rich. L. Rev. 833, 837 (2013) (footnotes omitted); see Alexander 

Keyssar, The Right to Vote 104 (2000) (“In so doing, they established a precedent 

for loosening the links between residence and participation in elections.”).

2. Pub. L. 77-712, 56 Stat. 753 (Sept. 16, 1942); see Huefner, supra note 1, at 

839–40.

3. Pub. L. 78-277, 58 Stat. 136 (Apr. 1, 1944); see Huefner, supra note 1, at 840.
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and the Administrator of the War Shipping Administration.4 The recommendations were revised in 1946.5 The provisions of these 1940s enactments were codified in title 50 of the United States Code, concerning war, 

beginning with section 301.6

President Eisenhower signed the Federal Voting Assistance Act of 1955 

on August 9 of that year, which again revised the recommendations to 

states for providing absentee voting to persons in the military.7 The focus 

of the recommendations expanded from persons serving in the military to 

include civilian government employees serving overseas.8 The revised recommendations were codified in title 42, chapter 20, concerning the elective 

franchise, beginning with section 1973cc.9

The Overseas Citizens Voting Rights Act of 1975, signed by President 

Ford on January 2, 1976, granted overseas citizens the right to vote in federal elections.10 The provisions of this act were codified beginning with section 1973dd of title 42.

11

The previous enactments were replaced by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), signed by President Reagan 

on August 28, 1986,12 codified in title 42 of the United States Code beginning with section 1973ff.13

The Military and Overseas Voter Empowerment Act (MOVE Act) was 

subtitle I.H of the National Defense Authorization Act for Fiscal Year 2010, 

which was signed by President Obama on October 28, 2009.14 Its amendments to UOCAVA included a requirement that absentee ballots in federal 

4. Pub. L. 78-277, § 301(a), 58 Stat. at 140.

5. Pub. L. 79-348, 60 Stat. 96 (Apr. 19, 1946).

6. 50 U.S.C. §§ 301–355 (1952).

7. Pub. L. 84-296, 69 Stat. 584 (Aug. 9, 1955); see Huefner, supra note 1, at 841; 

Bush v. Hillsborough Cnty. Canvassing Bd., 123 F. Supp. 2d 1305, 1307–08 (N.D. 

Fla. 2000).

8. Pub. L. 84-296, § 101, 69 Stat. at 584; 42 U.S.C. § 1973cc (1982).

9. 42 U.S.C. §§ 1973cc to 1973cc-26 (1982).

10. Pub. L. 94-203, 89 Stat. 1142 (Jan. 2, 1976); see Huefner, supra note 1, at 

841; Bush, 123 F. Supp. 2d at 1308–09.

11. 42 U.S.C. §§ 1973dd to 1973dd-6 (1982).

12. Pub. L. 99-410, 100 Stat. 924 (Aug. 28, 1986); see Huefner, supra note 1, at 

842–43; Bush, 123 F. Supp. 2d at 1310–12.

13. 42 U.S.C. §§ 1973ff to 1973ff-7 (1988).

14. Pub. L. 111-84, 123 Stat. 2190, 2318–35 (2009).
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elections be sent to overseas voters at least forty-five days before election 

day.15 It also modernized provisions on transmission of ballot materials to 

include electronic transmission.16

In September 2014, sections of the U.S. Code pertaining to voting and 

elections were moved to a new title 52. UOCAVA occupies sections 20301 

to 20311.

Remedies

Common remedies for late transmittals of overseas ballots include an extension of time for their return and provisions for express delivery, including fax and email. Judges often also order notice of remedies to overseas 

voters.

If ballots have to be sent out before the final candidates are known, 

such as when a recall election is scheduled too soon after the first election, 

judges may order the use of blank absentee ballots or instant-runoff ballots, on which voters rank order their choices. Sometimes, judges have adjusted election dates.

If a ballot changes after absentee ballots have already been sent out, 

judges are sometimes called upon to specify how original ballots will be 

counted.

Approving a Compressed Special Election

Chicago Board of Election Commissioners v. Illinois State Board of Elections 

(Samuel Der-Yeghiayan, N.D. Ill. 1:09-cv-82)

On January 15, 2009, U.S. District Judge Samuel Der-Yeghiayan, Northern 

District of Illinois, approved a proposed special election schedule to fill the 

U.S. House of Representatives seat that became vacant when Rahm Emanuel became President Obama’s chief of staff.17

15. Id. § 579(a)(1)(C), 123 Stat. at 2322; UOCAVA § 102(a)(8)(A), 52 U.S.C. 

§ 20302(a)(8)(A) (2014); see Huefner, supra note 1, at 845.

16. Pub. L. 111-84, § 577, 123 Stat. at 2319–20, UOCAVA §§ 102(a)(6), 102(e), 

52 U.S.C. §§ 20302(a)(6), 20302(e); see Huefner, supra note 1, at 845.

17. Order, Chi. Bd. of Election Comm’rs v. Ill. State Bd. of Elections, No. 1:09-

cv-82 (N.D. Ill. Jan. 15, 2009), D.E. 16 [hereinafter Chi. Bd. of Election Comm’rs

Order].
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On January 7, Chicago’s election officials filed a federal complaint 

against the state board of elections to obtain the court’s blessing for a time 

schedule to elect Emanuel’s replacement that, among other things, compressed the voting time for overseas voters.18 The special election was set 

for April 7 to correspond with an already-scheduled local election, with a 

primary set for March 3 if necessary.19

“Under the schedule presented by the Plaintiffs, the certification of 

candidate names to the March 3, 2009 special primary occurs only 36 days 

before the date of the Primary. There are only 35 days between the March 

3, 2009 special primary and the April 7, 2009 special election.”20 Judge DerYeghiayan approved the use of modified blank absentee ballots that listed

all candidates who filed nomination papers, email and fax transmittal of 

overseas ballots, and a program of notice to overseas voters.21

Ordered Departures from Statutory Deadlines

DuPage County Board of Election Commissioners v. Illinois State Board of Elections 

(Ruben Castillo, N.D. Ill. 1:08-cv-232)

U.S. District Judge Ruben Castillo, Northern District of Illinois, issued an 

order on January 18, 2008, specifying a calendar of time requirements for 

a special election to fill a vacancy in the U.S. House of Representatives, 

including departures from normal statutory deadlines, to accommodate 

scheduled election dates.22

Election officials for seven northern Illinois counties and the City of 

Aurora had filed a federal complaint on January 10 seeking relief from time 

requirements for the special election to fill a vacancy created by the resignation of Dennis Hastert.23 They claimed that a March 8 election with a 

18. Complaint, id. (Jan. 7, 2009), D.E. 1.

19. See id. at 1; see Dan Mihalopoulos, 26 File for Emanuel’s Congressional Seat, 

Chi. Trib., Jan. 20, 2009, at 12 (reporting that primary elections would be held 

because party nominations were contested).

20. Chi. Bd. of Election Comm’rs Order, supra note 17, at 14.

21. Id. at 15–20.

22. Order, DuPage Cnty. Bd. of Election Comm’rs v. Ill. State Bd. of Elections, 

No. 1:08-cv-232 (Jan. 18, 2008), D.E. 32 [hereinafter DuPage Cnty. Bd. of Election 

Comm’rs Order].

23. Complaint, id. (Jan. 10, 2008), D.E. 1.
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February 5 primary—the day of Illinois’s Super Tuesday presidential primary—did not give the election officials enough time to comply with various state time requirements or UOCAVA.24 The federal government 

sought permission to participate in the case as an amicus curiae to protect 

the federal rights of overseas voters.25

With respect to overseas ballots, Judge Castillo ordered that they be 

counted for the primary election if postmarked by February 4 and received 

by February 8.26 Overseas ballots for the March 8 election would be accepted if postmarked by March 7 and received by March 29.27 An important difficulty in providing overseas voters with timely ballots was the 

short time between the two elections, so Judge Castillo authorized the use 

of blank absentee ballots.28

Late Absentee Ballots in Georgia

United States v. Georgia (Charles A. Pannell, Jr., N.D. Ga. 1:04-cv-2040)

U.S. District Judge Charles A. Pannell, Jr., Northern District of Georgia, 

issued written orders on July 15, 2004, providing the following relief for 

overseas voters: (1) Georgia will accept faxed ballots, (2) Georgia will accept Internet-based write-in absentee ballots, (3) Georgia will pay for express delivery of absentee ballots, and (4) absentee ballots will be accepted 

until three days after the election if mailed by election day.29

The Justice Department had filed a federal complaint on July 13 claiming that several counties had failed to mail overseas voters their absentee 

ballots in time to be returned by the day of July 20 primary elections, and 

the planned runoff date of August 10 did not allow for enough time to mail 

24. Id.

25. Amicus Curiae Motion, id. (Jan. 14, 2008), D.E. 10.

26. DuPage Cnty. Bd. of Election Comm’rs Order, supra note 22, at 17.

27. Id. at 18.

28. Id. at 18–20.

29. Order, United States v. Georgia, No. 1:04-cv-2040 (N.D. Ga. July 16, 2004), 

D.E. 4; Order, Larios v. Cox, No. 1:03-cv-693 (N.D. Ga. July 16, 2004), D.E. 261; 

see United States v. Georgia, 892 F. Supp. 2d 1367 (N.D. Ga. 2012) (providing 

similar injunctive relief eight years later).
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overseas voters absentee ballots.30 On the same day, Georgia’s secretary of 

state filed a motion seeking similar relief in a 2003 case that resulted in 

court-ordered redistricting for Georgia’s legislature.31 Judge Pannell, who 

had been assigned the 2003 case, agreed to grant immediate injunctive relief.32

Improper Counting of Military Absentee Ballots in a Local Election

Casarez v. Val Verde County (Fred Biery, W.D. Tex. 96-cv-108)

In an action alleging dilution of Hispanic votes by local election officials’ 

accepting military absentee ballots in a local election from voters who no 

longer resided in the county, U.S. District Judge Fred Biery, Western District of Texas, issued a preliminary injunction against certification of the 

election, finding a substantial likelihood that the ballots in question should 

not have been counted.33

Judge Biery issued the January 24, 1997, preliminary injunction in a 

case filed on December 19, 1996, concerning disputed results of the November 5, 1996, election of Val Verde County sheriff and one of the 

county’s commissioners.34

30. Complaint, United States v. Georgia, No. 1:04-cv-2040 (N.D. Ga. July 13, 

2004), D.E. 1; Motion, id. (July 13, 2004), D.E. 2 (seeking a temporary restraining 

order and a preliminary injunction).

31. Motion, Larios, No. 1:03-cv-693 (N.D. Ga. July 13, 2004), D.E. 259; see

Larios v. Cox, 314 F. Supp. 2d 1357 (N.D. Ga. 2004) (approving a special master’s 

plan); Larios v. Cox, 300 F. Supp. 2d 1320 (N.D. Ga.) (determining that legislative 

districts violated the principle of one person one vote), summarily aff’d, 542 U.S. 

947 (2004).

32. Minutes, United States v. Georgia, No. 1:04-cv-2040 (N.D. Ga. July 14, 

2004), D.E. 3; Minutes, Larios, No. 1:03-cv-693 (N.D. Ga. July 14, 2004), D.E. 260.

33. Casarez v. Val Verde County, 957 F. Supp. 847 (W.D. Tex. 1997); see Casarez v. Val Verde County, No. 2:96-cv-108, 1997 WL 258610 (W.D. Tex. May 9, 

1997) (declining to dissolve the preliminary injunction in light of subsequent state 

court activity).

34. Casarez, 957 F. Supp. at 850; Docket Sheet, Casarez v. Val Verde County, 

No. 2:96-cv-108 (W.D. Tex. Dec. 19, 1996); see id. (D.E. 10, temporary restraining 

order issued December 20, 1996, by Judge H.F. Garcia); Casarez, 957 F. Supp. at 

850 (noting same).
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Following state court proceedings in which challenges to the validity 

of the votes in question were not proved, Judge Biery dissolved the preliminary injunction five months after issuing it.35 In 1998, Judge Biery granted 

the defendants summary judgment.36 He awarded the defendants costs but 

not attorney fees and awarded as damages salary of office for the duration 

of the preliminary injunction.37

Forty-Five Days

Election officials must be in a position to send absentee ballots to overseas 

voters forty-five days in advance of a federal election. This means that it is 

generally not proper to hold a runoff election fewer than forty-five days 

after a first election. This also means that ballots should be final in advance 

of the forty-five-day deadline.

A remedy for a runoff election scheduled too soon, such as when the 

date is set by state law that has not yet been brought into compliance with 

UOCAVA, is to provide for instant runoff ballots. By rank ordering candidates in the first election, voters can show how they would vote in hypothetical runoffs.

Forty-Five Days Means Forty-Five Days

United States v. Alabama (Myron H. Thompson, M.D. Ala. 2:12-cv-179; 11th Cir. 

14-11298)

The U.S. Court of Appeals for the Eleventh Circuit determined on February 12, 2015, that Alabama’s holding runoff elections forty-two days after 

primary elections violated UOCAVA as to federal elections, because the 

timing of the runoff elections did not allow Alabama to send overseas voters their ballots forty-five days in advance of the elections.38

35. Casarez v. Val Verde County, 967 F. Supp. 917 (W.D. Tex. 1997).

36. Casarez v. Val Verde County, 16 F. Supp. 2d 717 (W.D. Tex. 1998), aff’d, 

194 F.3d 1308 (5th Cir. 1999) (table).

37. Casarez v. Val Verde County, 27 F. Supp. 2d 749 (W.D. Tex. 1998), aff’d, 

194 F.3d 1309 (5th Cir. 1999) (table); see Damages Payment Receipt, Casarez, No. 

2:96-cv-108 (W.D. Tex. July 29, 2010), D.E. 177; Order to Satisfy Damages Award, 

id. (June 3, 2010), D.E. 176; Writ of Execution, id. (Nov. 16, 2009), D.E. 171.

38. United States v. Alabama, 778 F.3d 926 (11th Cir. 2015).
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The Department of Justice filed a federal complaint in the Middle District of Alabama on February 24, 2012, alleging (1) that some of Alabama’s 

counties had sent some overseas absentee ballots out less than forty-five 

days in advance of the upcoming March 13 primary election and (2) that 

Alabama’s runoff schedule would not allow runoff ballots, if necessary, to 

be sent out in time.

39 Judge Myron H. Thompson issued a preliminary injunction on March 7 that extended the deadline for casting overseas absentee ballots and required notifications to overseas voters on how ballots 

could be cast electronically.40 Judge Thompson rejected the state’s arguments that it was not responsible under UOCAVA for ballots sent out late 

by counties.41

Alabama set an election schedule to fill an August 2, 2013, congressional vacancy created by Jo Bonner’s resignation with only forty-two days 

separating a September 24 primary election, a possible November 5 runoff, 

and a December 17 general election.42 Judge Thompson ordered Alabama 

to use instant runoff ballots for the primary election, in which voters rankorder their choices.43 Judge Thompson also ordered Alabama to offer overseas voters—and provide for express delivery of—tardy runoff ballots reflecting the results of the primary election, which the voters could use to 

override their primary election rankings44 Overseas absentee ballots for the 

general election would include primary election victors as well as candidates in necessary runoffs and allow for party voting.45

Judge Thompson granted the government summary judgment in

2014, declaring Alabama’s forty-two days between an election and a runoff 

39. Complaint, United States v. Alabama, No. 2:12-cv-179 (M.D. Ala. Feb. 24, 

2012), D.E. 1; United States v. Alabama, 778 F.3d 926, 928, 930–31 (11th Cir.

2015); United States v. Alabama, 998 F. Supp. 2d 1283, 1287 (M.D. Ala. 2014); 

United States v. Alabama, 857 F. Supp. 2d 1236, 1237–38 (M.D. Ala. 2012).

40. Preliminary Injunction, United States v. Alabama, No. 2:12-cv-179 (M.D. 

Ala. Mar. 7, 2012), D.E. 21; United States v. Alabama, 857 F. Supp. 2d 1236.

41. United States v. Alabama, 857 F. Supp. 2d at 1238; see United States v. Alabama, 998 F. Supp. 2d 1283.

42. Opinion at 1–3, United States v. Alabama, No. 2:12-cv-179 (M.D. Ala. July 

26, 2013), D.E. 71.

43. Id. at 2, 6.

44. Id. at 6–7.

45. Id. at 7–8.
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a violation of UOCAVA for federal elections, a judgment affirmed by the 

court of appeals.46

Counting Federal Votes on a Ballot That Has Changed for a State 

Office

United States v. West Virginia (John T. Copenhaver, Jr., S.D. W. Va. 2:14-cv-27456)

U.S. District Judge Judge John T. Copenhaver, Jr., Southern District of 

West Virginia, determined on December 22, 2014, that federal votes on 

overseas absentee ballots sent out before a candidate change for a state office must be counted.47

After absentee ballots were sent to West Virginia overseas voters fortyfive days in advance of the November 4, 2014, general election, West Virginia’s supreme court of appeals ordered a ballot substitution for a candidate who had withdrawn from the race for district 35 of the state’s house 

of delegates.48 On November 3, Judge Copenhaver signed a consent decree 

between West Virginia election officials and the Justice Department extending the deadline for receipt of overseas ballots for federal offices cast 

by voters registered in district 35 so that the forty-five-day casting period 

was preserved.49

Because the supreme court of appeals’ writ of mandamus appeared to 

nullify district 35 absentee ballots sent out before the candidate substitution, the Justice Department filed a motion on November 6 seeking to have 

federal votes cast on those ballots counted if the voters did not cast corrected ballots.

50

46. United States v. Alabama, 998 F. Supp. 2d 1283, aff’d, 778 F.3d 926 (11th 

Cir. 2015).

47. Opinion Denying a Preliminary Injunction, United States v. West Virginia, 

No. 2:14-cv-27456 (S.D. W. Va. Dec. 22, 2014), D.E. 22, 2014 WL 7338867.

48. Mandamus Opinion, West Virginia ex rel. McDavid v. Tennant, No. 14-

939 (W. Va. Oct. 1, 2014), www.courtswv.gov/supreme-court/memo-decisions/ 

fall2014/14-0939memo.pdf, 2014 WL 4922641; Opinion Denying a Preliminary 

Injunction, supra note 47, at 2–3.

49. Consent Decree, United States v. West Virginia, No. 2:14-cv-27456 (S.D. 

W. Va. Nov. 3, 2014), D.E. 5.

50. Motion for Emergency Supplemental Injunctive Relief, id. (Nov. 6, 2014), 

D.E. 6.
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Judge Copenhaver denied the Justice Department preliminary relief,51

but after full briefing he ordered federal votes on the four ballots at issue 

counted, remedying among other things the voters’ uncertainty about the 

effect of casting two ballots.52

Late Overseas Ballots in Michigan

United States v. Michigan (Robert J. Jonker, W.D. Mich. 1:12-cv-788)

Four days in advance of an August 10, 2012, election, U.S. District Judge 

Robert J. Jonker, Western District of Michigan, approved a stipulated order that, among other things, (1) gave overseas voters extensions beyond 

election day equal to the number of days late their jurisdictions sent out 

overseas absentee ballots and (2) permitted Michigan jurisdictions to certify results that could not be affected by outstanding overseas ballots.53

One week in advance of Michigan’s 2012 federal primary election, the 

Justice Department filed a federal complaint alleging that “62 [Michigan] 

cities and townships reported that they failed to send all of their UOCAVA 

ballots by the June 23, 2012 deadline.”54

Allowing for Overseas Voting in a Runoff Election

United States v. Georgia (Steve C. Jones, N.D. Ga. 1:12-cv-2230; 11th Cir. 13-14065)

Approximately four weeks in advance of a July 31, 2012, primary election 

in Georgia, U.S. District Judge Steve C. Jones, Northern District of Georgia, issued an injunction requiring Georgia to extend the deadline for return of absentee ballots and pay for their express delivery should the scheduled August 21 runoff election be necessary, because the runoff election 

was scheduled for only twenty-one days after the initial primary election.55

51. Opinion Denying a Preliminary Injunction, supra note 47.

52. Opinion, United States v. West Virginia, No. 2:14-cv-27456 (S.D. W. Va. 

Dec. 22, 2014), D.E. 22, 2014 WL 7338867; see Notification of Compliance, id.

(Jan. 22, 2015), D.E. 24.

53. Stipulated Order, United States v. Michigan, No. 1:12-cv-788 (W.D. Mich. 

Aug. 6, 2012), D.E. 16.

54. Complaint 4, id. (July 31, 2012), D.E. 1.

55. United States v. Georgia, 892 F. Supp. 2d 1367, 1378–81 (N.D. Ga. 2012); 

United States v. Georgia, 952 F. Supp. 2d 1318, 1324 (N.D. Ga. 2013) (summarizing the relief as “extended ballot receipt deadlines, mandatory website content, 
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Judge Jones issued the immediate relief one court day after a hearing 

and eight calendar days after the Justice Department filed the complaint.56

Ruling on summary judgment motions nearly one year later, Judge Jones 

observed that “Georgia has not passed legislation that provides for a fortyfive-day transmittal period for runoff election absentee ballots.”57 Judge 

Jones ordered Georgia to “submit to the Court written proposed changes 

to Georgia’s election laws that show full compliance with UOCAVA as to 

all future federal runoff elections.”58

Rejecting Georgia’s proposal for retaining its election calendar but extending the deadline for overseas voting in runoff elections, Judge Jones 

issued an injunction on July 11, 2013, specifying an election calendar for 

federal offices that would comply with UOCAVA.59

The U.S. Court of Appeals for the Eleventh Circuit dismissed an appeal 

as moot because 2014 changes to Georgia’s election laws brought them 

into compliance with UOCAVA.60

Judge-Set Primary Election Dates for New York

United States v. New York (Gary L. Sharpe, N.D.N.Y. 1:10-cv-1214)

U.S. District Judge Gary L. Sharpe, Northern District of New York, issued 

an order on January 27, 2012, setting primary election dates in New York 

for non-presidential primaries until New York enacted a different primary 

outgoing express ballot transmission, electronic and express ballot return, ballot 

counting procedures and notice, training of election officials, coordination with 

the Federal Voting Assistance Program, a press statement, and statistical reporting 

to the United States”).

56. United States v. Georgia, 892 F. Supp. 2d at 1369, 1371; Complaint, United 

States v. Georgia, No. 1:12-cv-2230 (N.D. Ga. June 27, 2012), D.E. 1; Transcript, 

id. (July 3, 2012, filed Aug. 15, 2012), D.E. 17; Minutes, id. (July 3, 2012), D.E. 9.

57. United States v. Georgia, 952 F. Supp. 2d at 1322.

58. Id. at 1333–34.

59. Opinion, United States v. Georgia, No. 1:12-cv-2230 (N.D. Ga. July 11, 

2013), D.E. 38; see order, id. (Aug. 21, 2013), D.E. 44 (modifying the election calendar to avoid advance voting during the Memorial Day weekend).

60. United States v. Georgia, 778 F.3d 1201 (11th Cir. 2015); see Order, United 

States v. Georgia, No. 1:12-cv-2230 (N.D. Ga. Feb. 27, 2015), D.E. 62 (dismissing 

the complaint as moot).
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election schedule also compliant with UOCAVA.61 To ensure adequate 

time between the primary election and the deadline for sending out general 

election absentee ballots to overseas voters, Judge Sharpe set primary elections for the fourth Tuesday of June.62

The Justice Department filed the action to enforce UOCAVA in New 

York on October 12, 2010.63 An October 19 consent decree required overseas ballots postmarked or equivalently shown to be cast by the day before 

the November 2 election to be counted if received by November 24.64

Because New York’s laws were still not in compliance with UOCAVA 

as the 2012 election cycle got underway, Judge Sharpe set June 26 as an 

interim federal primary election date.65 Later, Judge Sharpe set New York’s 

federal election schedule for 201466 and 2016.67

No Need for Court Action If the State Remedies Late Ballots

Doe v. Miller (Gloria M. Navarro, D. Nev. 2:10-cv-1753)

In an action brought by a candidate for Nevada’s secretary of state, U.S. 

District Judge Gloria M. Navarro, District of Nevada, denied a remedy for 

one county’s sending out overseas absentee ballots as many as five days late 

because Nevada had extended the return deadline by six days.68 The late 

ballots resulted from a printer’s error.69

61. Opinion, United States v. New York, No. 1:10-cv-1214 (N.D.N.Y. Jan. 27, 

2012), D.E. 59 [hereinafter United States v. New York Opinion], 2012 WL 254263.

62. Id. at 8.

63. Complaint, id. (Oct. 12, 2010), D.E. 1.

64. Consent Decree at 7–8, id. (Oct. 19, 2010), D.E. 9.

65. United States v. New York Opinion, supra note 61, at 8; see Order, United 

States v. New York, No. 1:10-cv-1214 (N.D.N.Y. Feb. 9, 2012), D.E. 64 (enforcing 

the court’s order in light of “intransigent refusal to comply with a federal mandate”).

66. Order, United States v. New York, No. 1:10-cv-1214 (N.D.N.Y. Dec. 12, 

2013), D.E. 85.

67. Order, id. (Oct. 28, 2015), D.E. 87.

68. Opinion, Doe v. Miller, No. 2:10-cv-1753 (D. Nev. Oct. 27, 2010), D.E. 16, 

2010 WL 4340804.

69. Id. at 3.
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The action was filed on October 8, 2010, in advance of the November 

2 election, and named as the lead plaintiff an anonymous soldier.70 Judge 

Navarro dismissed the action on the papers.71

Thirty-Day Extension for Receipt of Absentee Ballots

McCain-Palin 2008, Inc. v. Cunningham (Richard L. Williams, E.D. Va. 3:08-cv-709)

U.S. District Judge Richard L. Williams, Eastern District of Virginia, ordered Virginia “to count as validly-cast all timely-requested, but belatedlymailed absentee ballots that were received within thirty days of the close of 

polls on November 4, 2008, so long as such ballots are otherwise valid under Virginia law.”72 Judge Williams did not issue this summary judgment 

until October 15, 2009, however.73

The case was filed by John McCain’s presidential campaign on November 3, 2008, the day before the election, claiming Virginia’s failure to 

send some overseas voters absentee ballots in time for them to be returned 

by election day.74 Judge Williams heard the case at 2:00 p.m. on election 

day.75 Judge Williams ordered Virginia to preserve all absentee ballots received after election day.76

After the election, on November 17, Judge Williams granted the Justice 

Department’s motion to intervene and dismissed the campaign as a plaintiff.77 The litigation was brought to a close in 2010 by consent decree.78

70. Complaint, id. (Oct. 8, 2010), D.E. 1.

71. Docket Sheet, id. (Oct. 8, 2010).

72. Opinion at 17, United States v. Cunningham, No. 3:08-cv-709 (E.D. Va. 

Oct. 15, 2009), D.E. 57, 2009 WL 3350028.

73. Docket Sheet, id. (Nov. 3, 2008) (D.E. 57, 58).

74. Complaint, id. (Nov. 3, 2008), D.E. 1.

75. Minutes, id. (Nov. 4, 2008), D.E. 9.

76. Temporary Restraining Order, id. (Nov. 4, 2008), D.E. 10; Minutes, id.

(Nov. 4, 2008), D.E. 9.

77. Order, id. (Nov. 17, 2008), D.E. 31.

78. Consent Decree, id. (Dec. 14, 2010), D.E. 75.
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Changes to the Ballot After the Sending Out of Absentee Ballots

United States v. Pennsylvania (1:04-cv-830) and Reitz v. Rendell (1:04-cv-2360) 

(Yvette Kane, M.D. Pa.)

Thirteen days in advance of the November 2, 2004, general election, U.S. 

District Judge Yvette Kane, Middle District of Pennsylvania, denied the 

government remedies for overseas absentee ballots sent out with Ralph 

Nader as a candidate for President although Pennsylvania’s supreme court 

had determined on October 19—the previous day—that Nader was not 

eligible.79 Votes for Nader would be counted as write-in votes.80 “UOCAVA 

voters will, like all other absentee voters in Pennsylvania, vote the ballot 

that was legally correct at the time they requested and were provided absentee ballots.”81

The government filed the complaint on April 15, twelve days in advance of the primary election to ensure that late-sent overseas absentee 

ballots in the primary election would be counted.82 For the primary election, Judge Kane extended the deadline for receipt of ballots cast before the 

polls closed from April 23 to May 17.83

One week after Judge Kane issued her opinion concerning the general 

election, parents of two soldiers filed a complaint alleging the soldiers were 

not sent absentee ballots on time.84 Two days later, Judge Kane approved a 

settlement extending the deadline by eight days for receipt of overseas absentee ballots cast before the polls closed.85

79. Opinion, United States v. Pennsylvania, No. 1:04-cv-830 (M.D. Pa. Oct. 

20, 2004), D.E. 33, 2004 WL 2384999.

80. Id. at 10.

81. Id. at 7.

82. Complaint, id. (Apr. 15, 2004), D.E. 1.

83. Preliminary Injunction, id. (Apr. 16, 2004), D.E. 7.

84. Complaint, Reitz v. Rendell, No. 1:04-cv-2360 (M.D. Pa. Oct. 27, 2004), 

D.E. 1.

85. Order, id. (Oct. 29, 2004), D.E. 17, 2004 WL 2451454.
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Federal Write-In Absentee Ballot

UOCAVA’s section 103 requires the creation of a blank absentee ballot for 

use in a federal election when an overseas voter has not received the state’s 

absentee ballot in time, despite the voter’s requesting it in time.86

Mandatory Acceptance of Federal Write-In Absentee Ballot

Bush v. Hillsborough County Canvassing Board (Lacy A. Collier, N.D. Fla. 3:00-cv-533)

U.S. District Judge Lacey A. Collier, Northern District of Florida, ordered 

seven Florida counties in the 2000 presidential election to count federal 

write-in absentee ballots even if the counties had no record of the voters’ 

requesting state absentee ballots.87

The complaint was filed by the George W. Bush campaign nineteen 

days after the 2000 general election, at a time of uncertainty about which 

presidential candidate had won Florida’s electoral votes and therefore the 

presidency.88 Judge Collier issued her injunction twelve days later.

89

Then as now, section 103 provided for use of a federal write-in absentee ballot by overseas voters “who make timely application for, and do not 

receive, States’ absentee ballots.”90 Judge Collier observed that “the federal 

write-in ballot includes the oath that ‘I swear or affirm, under the penalty 

for perjury, that my application for a regular state absentee ballot was 

mailed in time . . . .’”91 Judge Collier concluded, “We must presume, without evidence to the contrary, that if the election official does not have the 

application on record, it is because of a problem with the overseas mail 

system or their own clerical error.”92

86. 52 U.S.C. § 20303 (2014).

87. Bush v. Hillsborough Cnty. Canvassing Bd., 123 F. Supp. 2d 1305 (N.D. 

Fla. 2000).

88. Complaint, Bush v. Hillsborough Cnty. Canvassing Bd., No. 3:00-cv-533 

(N.D. Fla. Nov. 26, 2000), D.E. 1.

89. Bush, 123 F. Supp. 2d 1305.

90. 52 U.S.C. § 20303(a)(1); Pub. L. No. 99-410, § 103(a), 100 Stat. 924, 925 

(1986).

91. Bush, 123 F. Supp. 2d at 1317.

92. Id.
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Standing

A federal district court held that the rights of UOCAVA voters belong to 

the voters and not to candidates.

No Standing for a Candidate’s Suit on Behalf of Overseas Voters

Somers v. All Improperly Filed Candidates (D.S.C. 3:12-cv-1191)

A three-judge district court, District of South Carolina, held on May 16, 

2012, that a candidate did not have standing to pursue the interests of overseas voters in a challenge to election administration following a disqualification of primary election candidates arising from a ruling by the state’s 

supreme court.93 The candidate was not an overseas voter, she did not 

show a close relationship with overseas voters, and she did not show that 

overseas voters lacked access to courts themselves.94

The suit followed a May 2 decision by the state’s supreme court that 

candidates commonly violated the text of South Carolina’s statutes, which 

require candidates to “file a statement of economic interests for the preceding calendar year at the same time and with the same official with whom 

the candidate files a declaration of candidacy or petition for nomination.”95 As a result of this decision, many candidates were disqualified from 

the June 12 primary election.96 A candidate who was not disqualified filed 

the federal case on May 4.97

As a result of the state court decision, absentee ballots were sent to 

overseas voters on time for congressional primary elections and absentee 

ballots were later sent to overseas voters for state primaries once the valid 

candidates were determined.98 The candidate’s suit alleged that the state 

court’s literal application of state law was a change in voting practices that 

93. Somers v. S.C. State Election Comm’n, 871 F. Supp. 2d 490 (D.S.C. 2012); 

see Anderson v. S.C. Election Comm’n, 397 S.C. 551, 725 S.E.2d 704 (S.C. 2012).

94. Somers, 871 F. Supp. 2d at 497–98.

95. S.C. Code § 8-13-1356(B) (emphasis added).

96. Somers, 871 F. Supp. 2d at 493.

97. Complaint, Somers v. All Improperly Filed Candidates, No. 3:12-cv-1191 

(D.S.C. May 4, 2012), D.E. 1 [hereinafter Somers Complaint]; Somers, 871 F. Supp. 

2d at 491.

98. Somers, 871 F. Supp. 2d at 493–94.
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required preclearance pursuant to section 5 of the Voting Rights Act.99 The 

candidate argued that sending out federal and state ballots at different 

times required section 5 preclearance, but voters who could vote in her 

primary election for the state’s senate did not live in a congressional district 

with a congressional primary for her party.100

Territories

UOCAVA supports an acceptable irony that permits residents of states to 

retain the right to vote for President and voting members of Congress 

when residents move to other countries but not when they move to U.S. 

territories.

UOCAVA nevertheless protects the federal voting rights of territory 

residents while they are overseas, such as in elections for the territories’ 

nonvoting members of Congress.

No New York Absentee Voting for New Yorkers Who Move to Puerto 

Rico

Romeu v. Cohen (Shira A. Scheindlin, S.D.N.Y. 1:00-cv-2277; 2d Cir. 00-6287 and 

00-6303)

The U.S. Court of Appeals for the Second Circuit held on September 6, 

2001, that it was not unconstitutional for New Yorkers who move to another country to retain their rights to vote in New York while New Yorkers 

99. Id. at 491–93 & n.5; see Voting Rights Act of 1965, Pub. L. No. 89-110, § 5, 

79 Stat. 437, 439, as amended, 52 U.S.C. § 10304 (2014) (requiring preclearance of 

changes to voting procedures in jurisdictions with a certified history of discrimination and requiring that preclearance disputes be heard by a three-judge court).

On June 25, 2013, the Supreme Court declined to hold section 5 unconstitutional, but the Court did hold unconstitutional the criteria for which jurisdictions 

require section 5 preclearance. Shelby County v. Holder, 570 U.S. ___, 133 S. Ct. 

2612 (2013).

100. Somers, 871 F. Supp. 2d at 494–97 & n.13.

In a separate action filed on the day before the primary election by disqualified 

candidates, the same three-judge court held that application of a statute’s plain 

meaning was not a change in election practice requiring section 5 preclearance. 

Smith v. S.C. Election Comm’n, 874 F. Supp. 2d 483, 495 (D.S.C. 2012).
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who move to Puerto Rico lose those rights.101 “Congress may distinguish 

between those U.S. citizens formerly residing in a State who live outside 

the U.S., and those who live in the U.S. territories.”102 In fact, “extend[ing] 

the vote in federal elections to U.S. citizens formerly citizens of a State now 

residing in Puerto Rico while not extending it to U.S. citizens residing in 

Puerto Rico who have never resided in a State . . . would [be] a distinction 

of questionable fairness.”103

Xavier Romeu moved from New York to Puerto Rico on May 17, 1999, 

and he registered to vote in Puerto Rico.104 Because residents of Puerto 

Rico cannot vote for President and Vice President, Romeu wanted to vote 

as an absentee New Yorker in the 2000 presidential election.105 Knowing 

that he could not satisfy New York’s requirements for absentee voting because he was a resident of another part of the United States, Romeu filed a 

federal complaint in the Southern District of New York on March 24, 

2000.106 Judge Shira A. Scheindlin permitted Puerto Rico’s governor Pedro 

Rosselló to intervene in support of Romeu’s complaint.107

Judge Scheindlin ruled that neither UOCAVA nor other impediments 

to Romeu’s voting absentee in New York were unconstitutional.108

While I sympathize with Romeu’s plight and applaud his desire 

to vote in the 2000 Presidential election, I lack the power to provide him any relief. Only a constitutional amendment or Puerto 

Rican statehood can provide the cure. All I can do is add my 

voice to those who have urged the appropriate branches of our 

government to take all necessary steps to ensure that American 

101. Romeu v. Cohen, 265 F.3d 118 (2d Cir. 2001).

102. Id. at 124.

103. Id. at 125.

104. Id. at 120; Romeu v. Cohen, 121 F. Supp. 2d 264, 267, 269 (S.D.N.Y. 

2000).

105. Romeu, 121 F. Supp. 2d at 269–70; Pub. L. No. 99-410, 100 Stat. 924 

(1986).

106. Docket Sheet, Romeu v. Cohen, No. 1:00-cv-2277 (Mar. 24, 2000) [hereinafter S.D.N.Y. Docket Sheet] (D.E. 1); Romeu, 265 F.3d at 122 (2d Cir. 2001); 

Romeu, 121 F. Supp. 2d at 267, 270.

107. Romeu, 121 F. Supp. 2d at 268; Romeu, 265 F.3d at 122; see S.D.N.Y. 

Docket Sheet, supra note 106 (D.E. 16, intervenor’s complaint).

108. Romeu, 121 F. Supp. 2d 264.
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citizens residing in all United States territories be permitted to 

vote for President and Vice President as soon as possible.109

The court of appeals denied the appeals filed by Romeu and Rosselló

on October 31.

110 The court of appeals issued its opinion the following September.111

No Votes for President in Puerto Rico

Igartúa de la Rosa v. United States (Raymond L. Acosta, D.P.R. 3:91-cv-2506; 1st 

Cir. 94-1174)

The U.S. Court of Appeals for the First Circuit held in 1994 that UOCAVA 

does not violate the constitutional rights of Puerto Rico voters by providing for presidential votes by citizens who move from a state to another 

country while not providing for presidential votes by citizens who move 

from a state to Puerto Rico.112

In 2000, a panel of the court of appeals determined that the 1994 holding controlled and required a reversal of Judge Jaime Pieras, Jr.’s holding 

that residents of Puerto Rico had a right to vote for President and Vice 

President.113

109. Id. at 268.

110. Romeu, 265 F.3d at 122; see Docket Sheet, Romeu v. Cohen, No. 00-6303 

(2d Cir. Oct. 10, 2000) (Rosselló’s appeal); Docket Sheet, Romeu v. Cohen, No. 

00-6287 (2d Cir. Oct. 2, 2000) (Romeu’s appeal).

111. Romeu, 121 F. Supp. 2d 264.

112. Igartúa de la Rosa v. United States, 32 F.3d 8 (1st Cir.), aff’g 842 F. Supp. 

607 (D.P.R. 1994); see Attorney Gen. of Guam v. United States, 738 F.2d 1017, 

1019 (9th Cir. 1984) (“A constitutional amendment would be required to permit 

[residents of Guam] to vote in a presidential election.”); Sanchez v. United States, 

376 F. Supp. 239 (D.P.R. 1974) (finding that although “it is inexcusable that there 

still exists a substantial number of U.S. citizens who cannot legally vote for the 

President and Vice President of the United States,” the ability of Puerto Rico residents to do so would require statehood or a constitutional amendment).

113. Igartúa de la Rosa v. United States, 229 F.3d 80, 84 (1st Cir.), rev’g 113 F. 

Supp. 2d 228 (D.P.R. 2000); see Igartúa de la Rosa v. United States, 107 F. Supp. 

2d 140, 141 (D.P.R. 2000) (“The present political status of Puerto Rico has enslaved the United States citizens residing in Puerto Rico by preventing them from 

voting in Presidential and Congressional elections . . . .”); id. at 149–50 (concluding that precedent barred a constitutional challenge to UOCAVA).
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In a third effort to obtain from the courts presidential voting rights for 

Puerto Ricans, the court of appeals reaffirmed, in 2005, its earlier holdings 

en banc.114

No Votes in the District of Columbia for Members of Congress from 

Maryland

Howard v. State Administrative Board of Election Laws (J. Frederick Motz, D. Md. 

1:96-cv-2558; 4th Cir. 96-2840)

On November 14, 1996, U.S. District Judge J. Frederick Motz, District of 

Maryland, held that it was not an unconstitutional deprivation of equal 

protection to permit Americans living overseas to vote for members of 

Congress from their last states of residence while denying residents of the 

District of Columbia a similar voting right.115

Overseas Absentee Ballot Consent Decree in the Virgin Islands

United States v. Virgin Islands (Curtis V. Gómez, D.V.I. 3:12-cv-69)

U.S. District Judge Curtis V. Gómez, District of the Virgin Islands, signed 

a consent decree on September 7, 2012, that specified express mail and 

email voting options and extended the deadlines for receipt of overseas absentee ballots.116

The Justice Department filed a federal complaint in the District of the 

Virgin Islands on August 31, alleging that for the September 8 primary 

election for delegate to the U.S. House of Representatives, the Virgin Islands failed to transmit absentee ballots to overseas voters forty-five days 

in advance of the election, and Virgin Islands election procedures would 

114. Igartúa-de la Rosa v. United States, 417 F.3d 145 (1st Cir. 2005) (en banc) 

(“Voting for President and Vice President of the United States is governed neither 

by rhetoric nor intuitive values but by a provision of the Constitution.”), aff’g 331 

F. Supp. 2d 76 (D.P.R. 2004).

115. Howard v. State Admin. Bd. of Election Laws, 976 F. Supp. 350, 351 (D. 

Md. 1996), aff’d, 122 F.3d 1061 (4th Cir. 1997) (table), cert. denied, 522 U.S. 1052 

(1998); see Docket Sheet, Howard v. State Admin. Bd. of Election Laws, No. 1:96-

cv-2558 (Aug. 16, 1996).

116. Consent Decree, United States v. Virgin Islands, No. 3:12-cv-69 (D.V.I. 

Sept. 7, 2012), D.E. 10.
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not result in the timely transmission of general election absentee ballots 

either.117

Prompt Delivery of Absentee Ballots by Guam

United States v. Guam (Frances M. Tydingco-Gatewood, D. Guam 1:10-cv-25)

U.S. District Judge Frances M. Tydingco-Gatewood, District of Guam, enforced UOCAVA in Guam for the November 6, 2010, election of Guam’s 

delegate to the U.S. House of Representatives.118

The Justice Department filed a federal complaint in Hagåtña on October 6 to enforce the UOCAVA requirement that absentee ballots be sent to 

overseas voters at least forty-five days before a federal election.119

After an October 13 proceeding,120 Judge Tydingco-Gatewood (1) ordered compliance with UOCAVA, (2) ordered that cast absentee ballots 

sent by November 2 and received by November 15 be counted for the congressional delegate race, and (3) ordered Guam to provide the court with 

reports on its compliance efforts.121

For the 2012 elections—a September 1 primary election and the November 6 general election—Guam still had not enacted legislation that was 

compliant with UOCAVA.122 Judge Tydingco-Gatewood, therefore, issued 

a stipulated order requiring Guam to provide UOCAVA voters with email 

as an electronic option for absentee voting.123

117. Complaint, id. (Aug. 31, 2012), D.E. 1.

118. Order, United States v. Guam, No. 1:10-cv-25 (D. Guam Oct. 13, 2010), 

D.E. 19.

119. Complaint, id. (Oct. 6, 2010), D.E. 1; Motion, id. (Oct. 6, 2010), D.E. 2 

(seeking a temporary restraining order and a preliminary injunction).

120. Minutes, id. (Oct. 13, 2010), D.E. 18.

121. Order, id. (Oct. 13, 2010), D.E. 19.

122. Order at 2, id. (July 13, 2012), D.E. 27.

123. Id. at 2–5; see Status Update, id. (Aug. 1, 2013), D.E. 30 (confirming 

Guam’s compliance with the order).
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Equal Protection

UOCAVA requires the accommodation of overseas voters. Courts have 

held that this accommodation cannot include extra days of in-person voting for military and overseas voters without offering other voters the extra 

in-person days, but the accommodation can include more time for overseas ballots to arrive than for stateside absentee ballots.

Improperly Providing Additional In-Person Voting Opportunities to 

Overseas Voters

Obama for America v. Husted (Peter C. Economus, S.D. Ohio 2:12-cv-636; 6th Cir. 

12-4055 and 12-4076)

On October 5, 2012, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s preliminary injunction against Ohio’s decision to 

afford overseas voters in-person absentee voting during the three days before election day while denying the same opportunity to local voters.124

Three organizations supporting Barack Obama’s reelection filed a federal complaint in the Southern District of Ohio on July 17 challenging 

Ohio’s decision to eliminate last-weekend early voting only for voters who 

did not qualify as military or other overseas voters.125

Judge Peter C. Economus granted the plaintiffs a preliminary injunction.126 Following the court of appeals’ affirmance, the Supreme Court denied the defendants a stay of the injunction.127

Following summary judgment briefing, Judge Economus granted the 

plaintiffs a permanent injunction in 2014.128

124. Obama for Am. v. Husted, 697 F.3d 423 (6th Cir. 2012).

125. Complaint, Obama for Am. v. Husted, No. 2:12-cv-636 (S.D. Ohio July 

17, 2012), D.E. 1; Obama for Am., 697 F.3d at 425.

126. Obama for Am. v. Husted, 888 F. Supp. 2d 897 (S.D. Ohio 2012), aff’d, 

697 F.3d 423; Obama for Am., 697 F.3d at 426.

127. Docket Sheet, Husted v. Obama for Am., No. 12A338 (U.S. Oct. 9, 2012).

128. Opinion, Obama for Am., No. 2:12-cv-636 (S.D. Ohio June 11, 2014), D.E. 

89, 2014 WL 2611316.
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Not an Equal Protection Violation to Allow More Time for Receipt of 

Overseas Absentee Votes Than Stateside Absentee Votes

Friedman v. Snipes (Alan S. Gold, S.D. Fla. 1:04-cv-22787)

U.S. District Judge Alan S. Gold, Southern District of Florida, held on November 9, 2004, that it was not a violation of equal protection for Florida 

to require that stateside absentee ballots be received by the time the polls 

closed while granting an additional ten days for receipt of overseas absentee ballots that are nevertheless cast by election day.129

The complaint was filed on election day—November 2—by three voters who were out of town for medical and education reasons and who did 

not receive their absentee ballots until the day before the election at the 

earliest.130 On November 3, Judge Gold issued a temporary restraining order pending additional hearing that defendant counties segregate stateside 

absentee votes received after the deadline for stateside votes but before the 

deadline for overseas votes.131

Privacy

In a democracy, many election records are necessarily public, but certain 

voting records must be safeguarded as private, the secret ballot a principal 

example.132

UOCAVA expressly requires privacy “[t]o the extent practicable” for 

overseas absentee ballot applications133 and transmissions.134

129. Friedman v. Snipes, 345 F. Supp. 2d 1356, 1370–82 (S.D. Fla. 2004).

130. Id. at 1361–63; Complaint, Friedman v. Snipes, No. 1:04-cv-22787 (S.D. 

Fla. Nov. 2, 2004), D.E. 1; see Amended Complaint, id. (Nov. 4, 2004), D.E. 18.

131. Order, Friedman, No. 1:04-cv-22787 (S.D. Fla. Nov. 3, 2004), D.E. 15; 

Friedman, 345 F. Supp. 2d at 1358 & n.1.

132. See 52 U.S.C. § 20301(b)(9)(B) (2014) (including the secret ballot among 

the responsibilities of the chief federal UOCAVA enforcement officer).

133. Id. § 20302(e)(6)(B).

134. Id. § 20302(f)(3)(B).
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Privacy Protections Apply to Requesting Voter Registration

Applications, Not to Submitting Them

Project Vote/Voting for America, Inc. v. Long (Rebecca Beach Smith, E.D. Va. 2:10-

cv-75; 4th Cir. 11-1809)

Affirming a district court judgment that the National Voter Registration 

Act (NVRA) requires election authorities to provide records of voter registration applications, in a lawsuit involving concerns that college students’ 

registration applications were improperly denied, the U.S. Court of Appeals for the Fourth Circuit determined on June 15, 2012, that the MOVE 

Act’s privacy provisions were not in conflict with the district court’s ruling.135

Concerned that voter registrations were improperly rejected for students at the historically African-American Norfolk State University in advance of the 2008 general election, Project Vote filed a federal complaint 

in the Eastern District of Virginia on February 16, 2010, to enforce its request for completed Norfolk voter registration applications.136 Granting 

Project Vote summary judgment in 2011, U.S. District Judge Rebecca 

Beach Smith held that privacy concerns did not relieve Norfolk election 

authorities from their obligation under the NVRA to provide Project Vote 

with the requested records.137

“Disclosure of the completed voter registration applications does not 

implicate the MOVE Act’s security and privacy protections, which only 

apply to ‘the voter registration and absentee ballot application request process,’ 42 U.S.C. § 1973ff-1(e)(6) (emphasis added), and absentee ballots. 

Id. § 1973ff-1(f)(3).”138

135. Project Vote/Voting for Am., Inc. v. Long, 682 F.3d 331, 339 (4th Cir. 

2012).

136. Complaint, Project Vote/Voting for Am., Inc. v. Long, No. 2:10-cv-75 

(E.D. Va. Feb. 16, 2010), D.E. 1.

137. Project Vote/Voting for Am., Inc. v. Long, 813 F. Supp. 2d 738 (E.D. Va. 

2011); see 52 U.S.C. 20507 (2014); Robert Timothy Reagan, Motor Voter: The National Voter Registration Act 38 (Federal Judicial Center 2014); see also Project 

Vote/Voting for Am., Inc., 752 F. Supp. 2d 697 (E.D. Va. 2010) (denying a motion 

to dismiss the case); Project Vote/Voting for Am., Inc., 275 F.R.D. 473 (E.D. Va. 

2011) (staying judgment pending appeal).

138. Project Vote/Voting for Am., Inc., 813 F. Supp. 2d at 743 (citing previous 

codifications of 52 U.S.C. § 20302(e)(6) and (f)(3)).
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The court of appeals agreed that the MOVE Act’s “privacy provisions 

protect information transmitted during the process of requesting—not 

submitting—a registration application.”139

State Elections

In 2010, a federal district judge held that even in state elections overseas 

voters have a federal constitutional right to vote that cannot be abridged 

by unreasonable absentee balloting delays.

Overseas Voters’ Fundamental Right to Vote

Doe v. Walker (Roger W. Titus, D. Md. 8:10-cv-2646)

U.S. District Judge Roger W. Titus, District of Maryland, held on October 

29, 2010, that Maryland’s due date for overseas absentee ballots in elections 

for state offices deprived overseas voters of their fundamental right to vote, 

so Judge Titus extended the deadline for receipt of cast ballots for the November 2 election from November 12 to November 22.140

A military voters’ rights group filed the complaint on behalf of itself 

and an anonymous military officer—who used a pseudonym to protect his 

military mission—on September 23, forty days in advance of the election.141 Maryland met the UOCAVA deadline of September 18 for federal 

139. Project Vote/Voting for Am., Inc., 682 F.3d at 338–39.

On August 22, 2012, Judge Smith awarded $184,880.25 in fees and costs to the 

plaintiff. Project Vote/Voting for Am., Inc., 887 F. Supp. 2d 704 (E.D. Va. 2012). 

A January 30, 2013, consent decree resolved redaction issues. Consent Decree, 

Project Vote/Voting for Am., Inc., No. 2:10-cv-75 (E.D. Va. Jan. 30, 2013), D.E. 114; 

see Order, Project Vote/Voting for Am., Inc., No. 12-2142 (4th Cir. Jan. 31, 2013), 

D.E. 32 (dismissing a redaction appeal as settled, also applying to No. 12-2146); 

Project Vote/Voting for Am., Inc., 889 F. Supp. 2d 778 (E.D. Va. 2012) (denying 

the defendants’ request for certain redactions).

140. Doe v. Walker, 746 F. Supp. 2d 667 (D. Md. 2010).

141. Complaint, Doe v. Walker, No. 8:10-cv-2646 (D. Md. Sept. 23, 2010), 

D.E. 1; Doe, 746 F. Supp. 2d at 672.
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offices by sending overseas voters federal absentee ballots on time and absentee ballots including state offices beginning on October 8, following the 

September 27 certification of state-office primary election results.142

Judge Titus observed that Maryland’s November 12 deadline for receipt of overseas absentee ballots allowed for at most thirty-five days.143

Because some ballots did not go out until October 9, the Saturday of a holiday weekend, mailing might not have been effective until Tuesday, which 

was only thirty-one days before cast ballots were due.144

Conclusion

Protection of the elective franchise for citizens in military service has expanded to include citizens living abroad. For federal elections, absentee 

ballots must be available for delivery at least forty-five days in advance of 

the election. Courts will often be asked to craft or approve remedies until 

state and local election laws and practices come into compliance with the 

federal Uniformed and Overseas Citizens Absentee Voting Act.

142. Doe, 746 F. Supp. 2d at 672 (noting that the federal absentee ballot would 

only be counted if the voter did not cast a state absentee ballot with both state and 

federal offices included).

143. Id. at 677.

144. Id.; see id. (“The Department of Defense states that the Army’s wartime 

standard for first class mail delivery is 12 to 18 days from its point of origin in the 

United States to the individual service member.”).
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Appendix:

The Uniformed and Overseas Citizens

Absentee Voting Act

(52 U.S.C. §§ 20301 to 20311)145

[Section 101:] § 20301. Federal responsibilities146

(a) Presidential designee

The President shall designate the head of an executive department to have primary 

responsibility for Federal functions under this subchapter.

(b) Duties of Presidential designee

The Presidential designee shall—

(1) consult State and local election officials in carrying out this subchapter, and ensure that such officials are aware of the requirements of this Act;

(2) prescribe an official post card form, containing both an absentee 

voter registration application and an absentee ballot application, for use by 

the States as required under section 20302(a)(4) of this title [UOCAVA section 102(a)(4)];

(3) carry out section 20303 of this title [UOCAVA section 103] with respect to the Federal write-in absentee ballot for absent uniformed services 

voters and overseas voters in general elections for Federal office;

(4) prescribe a suggested design for absentee ballot mailing envelopes;

(5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions;

(6) not later than the end of each year after a Presidential election year, 

transmit to the President and the Congress a report on the effectiveness of 

assistance under this subchapter, including a statistical analysis of uniformed 

services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of State-Federal cooperation;

(7) prescribe a standard oath for use with any document under this subchapter affirming that a material misstatement of fact in the completion of 

such a document may constitute grounds for a conviction for perjury;

145. Pub. L. No. 99-410, 100 Stat. 924 (1986), as amended (42 U.S.C. §§ 1973ff 

to 1973ff-7 until September 2014).

146. Formerly 42 U.S.C. § 1973ff.
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(8) carry out section 20304 of this title [UOCAVA section 103A] with 

respect to the collection and delivery of marked absentee ballots of absent 

overseas uniformed services voters in elections for Federal office;

(9) to the greatest extent practicable, take such actions as may be necessary—

(A) to ensure that absent uniformed services voters who cast absentee ballots at locations or facilities under the jurisdiction of the Presidential designee are able to do so in a private and independent manner; and

(B) to protect the privacy of the contents of absentee ballots cast by 

absentee uniformed services voters and overseas voters while such ballots 

are in the possession or control of the Presidential designee;

(10) carry out section 20305 of this title [UOCAVA section 103B] with 

respect to Federal Voting Assistance Program Improvements; and

(11) working with the Election Assistance Commission and the chief 

State election official of each State, develop standards—

(A) for States to report data on the number of absentee ballots transmitted and received under section 20302(c) of this title [UOCAVA section 102(c)] and such other data as the Presidential designee determines 

appropriate; and

(B) for the Presidential designee to store the data reported.

(c) Duties of other Federal officials

(1) In general

The head of each Government department, agency, or other entity shall, upon 

request of the Presidential designee, distribute balloting materials and otherwise cooperate in carrying out this subchapter.

(2) Administrator of General Services

As directed by the Presidential designee, the Administrator of General Services shall furnish official post card forms (prescribed under subsection (b) 

of this section) and Federal write-in absentee ballots (prescribed under section 20303 of this title [UOCAVA section 103]).

(d) Authorization of appropriations for carrying out Federal Voting 

Assistance Program Improvements

There are authorized to be appropriated to the Presidential designee such sums as 

are necessary for purposes of carrying out subsection (b)(10).
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[Section 102:] § 20302. State responsibilities147

(a) In general

Each State shall—

(1) permit absent uniformed services voters and overseas voters to use 

absentee registration procedures and to vote by absentee ballot in general, 

special, primary, and runoff elections for Federal office;

(2) accept and process, with respect to any election for Federal office, any 

otherwise valid voter registration application and absentee ballot application 

from an absent uniformed services voter or overseas voter, if the application 

is received by the appropriate State election official not less than 30 days before the election;

(3) permit absent uniformed services voters and overseas voters to use 

Federal write-in absentee ballots (in accordance with section 20303 of this 

title [UOCAVA section 103]) in general elections for Federal office;

(4) use the official post card form (prescribed under section 20301 of this 

title [UOCAVA section 101]) for simultaneous voter registration application 

and absentee ballot application;

(5) if the State requires an oath or affirmation to accompany any document under this subchapter, use the standard oath prescribed by the Presidential designee under section 20301(b)(7) of this title [UOCAVA section 

101(b)(7)];

(6) in addition to any other method of registering to vote or applying for 

an absentee ballot in the State, establish procedures—

(A) for absent uniformed services voters and overseas voters to request by mail and electronically voter registration applications and absentee ballot applications with respect to general, special, primary, and 

runoff elections for Federal office in accordance with subsection (e);

(B) for States to send by mail and electronically (in accordance with 

the preferred method of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (C)) voter 

registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (e); and

(C) by which the absent uniformed services voter or overseas voter 

can designate whether the voter prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically;

147. Formerly 42 U.S.C. § 1973ff-1.
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(7) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to absent uniformed services voters and overseas 

voters with respect to general, special, primary, and runoff elections for Federal office in accordance with subsection (f);

(8) transmit a validly requested absentee ballot to an absent uniformed 

services voter or overseas voter—

(A) except as provided in subsection (g), in the case in which the 

request is received at least 45 days before an election for Federal office, 

not later than 45 days before the election; and

(B) in the case in which the request is received less than 45 days before an election for Federal office—

(i) in accordance with State law; and

(ii) if practicable and as determined appropriate by the State, in 

a manner that expedites the transmission of such absentee ballot;

(9) if the State declares or otherwise holds a runoff election for Federal 

office, establish a written plan that provides absentee ballots are made available to absent uniformed services voters and overseas voters in manner* that 

gives them sufficient time to vote in the runoff election;

(10) carry out section 20304(b)(1) of this title [UOCAVA section 

103A(b)(1)] with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters; and

(11) report data on the number of absentee ballots transmitted and received under subsection (c) and such other data as the Presidential designee 

determines appropriate in accordance with the standards developed by the 

Presidential designee under section 20301(b)(11) of this title [UOCAVA section 101(b)(11)].

(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.

* So in original. Probably should be “in a manner.”
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(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.

(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 [42 U.S.C. 15301 et seq.]) 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.

(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.

(e) Designation of means of electronic communication for absent uniformed 

services voters and overseas voters to request and for States to send voter 

registration applications and absentee ballot applications, and for other 

purposes related to voting information

(1) In general

Each State shall, in addition to the designation of a single State office under 

subsection (b), designate not less than 1 means of electronic communication—

(A) for use by absent uniformed services voters and overseas voters 

who wish to register to vote or vote in any jurisdiction in the State to 

request voter registration applications and absentee ballot applications 

under subsection (a)(6);

(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and
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(C) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters.

(2) Clarification regarding provision of multiple means of electronic 

communication

A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means of electronic 

communication for the appropriate jurisdiction of the State.

(3) Inclusion of designated means of electronic communication with 

informational and instructional materials that accompany balloting 

materials

Each State shall include a means of electronic communication so designated 

with all informational and instructional materials that accompany balloting 

materials sent by the State to absent uniformed services voters and overseas 

voters.

(4) Availability and maintenance of online repository of State contact 

information

The Federal Voting Assistance Program of the Department of Defense shall 

maintain and make available to the public an online repository of State contact information with respect to elections for Federal office, including the single State office designated under subsection (b) and the means of electronic 

communication designated under paragraph (1), to be used by absent uniformed services voters and overseas voters as a resource to send voter registration applications and absentee ballot applications to the appropriate jurisdiction in the State.

(5) Transmission if no preference indicated

In the case where an absent uniformed services voter or overseas voter does 

not designate a preference under subsection (a)(6)(C), the State shall transmit the voter registration application or absentee ballot application by any 

delivery method allowable in accordance with applicable State law, or if there 

is no applicable State law, by mail.
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(6) Security and privacy protections

(A) Security protections

To the extent practicable, States shall ensure that the procedures established under subsection (a)(6) protect the security and integrity of the 

voter registration and absentee ballot application request processes.

(B) Privacy protections

To the extent practicable, the procedures established under subsection 

(a)(6) shall ensure that the privacy of the identity and other personal data 

of an absent uniformed services voter or overseas voter who requests or 

is sent a voter registration application or absentee ballot application under such subsection is protected throughout the process of making such 

request or being sent such application.

(f) Transmission of blank absentee ballots by mail and electronically

(1) In general

Each State shall establish procedures—

(A) to transmit blank absentee ballots by mail and electronically (in 

accordance with the preferred method of transmission designated by the 

absent uniformed services voter or overseas voter under subparagraph 

(B)) to absent uniformed services voters and overseas voters for an election for Federal office; and

(B) by which the absent uniformed services voter or overseas voter 

can designate whether the voter prefers that such blank absentee ballot 

be transmitted by mail or electronically.

(2) Transmission if no preference indicated

In the case where an absent uniformed services voter or overseas voter does 

not designate a preference under paragraph (1)(B), the State shall transmit 

the ballot by any delivery method allowable in accordance with applicable 

State law, or if there is no applicable State law, by mail.

(3) Security and privacy protections

(A) Security protections

To the extent practicable, States shall ensure that the procedures established under subsection (a)(7) protect the security and integrity of absentee ballots.
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(B) Privacy protections

To the extent practicable, the procedures established under subsection 

(a)(7) shall ensure that the privacy of the identity and other personal data 

of an absent uniformed services voter or overseas voter to whom a blank 

absentee ballot is transmitted under such subsection is protected 

throughout the process of such transmission.

(g) Hardship exemption

(1) In general

If the chief State election official determines that the State is unable to meet 

the requirement under subsection (a)(8)(A) with respect to an election for 

Federal office due to an undue hardship described in paragraph (2)(B), the 

chief State election official shall request that the Presidential designee grant a 

waiver to the State of the application of such subsection. Such request shall 

include—

(A) a recognition that the purpose of such subsection is to allow absent uniformed services voters and overseas voters enough time to vote 

in an election for Federal office;

(B) an explanation of the hardship that indicates why the State is 

unable to transmit absent uniformed services voters and overseas voters 

an absentee ballot in accordance with such subsection;

(C) the number of days prior to the election for Federal office that 

the State requires absentee ballots be transmitted to absent uniformed 

services voters and overseas voters; and

(D) a comprehensive plan to ensure that absent uniformed services 

voters and overseas voters are able to receive absentee ballots which they 

have requested and submit marked absentee ballots to the appropriate 

State election official in time to have that ballot counted in the election 

for Federal office, which includes—

(i) the steps the State will undertake to ensure that absent uniformed services voters and overseas voters have time to receive, 

mark, and submit their ballots in time to have those ballots counted 

in the election;

(ii) why the plan provides absent uniformed services voters and 

overseas voters sufficient time to vote as a substitute for the requirements under such subsection; and

(iii) the underlying factual information which explains how the 

plan provides such sufficient time to vote as a substitute for such 

requirements.
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(2) Approval of waiver request

After consulting with the Attorney General, the Presidential designee shall 

approve a waiver request under paragraph (1) if the Presidential designee determines each of the following requirements are met:

(A) The comprehensive plan under subparagraph (D) of such paragraph provides absent uniformed services voters and overseas voters sufficient time to receive absentee ballots they have requested and submit 

marked absentee ballots to the appropriate State election official in time 

to have that ballot counted in the election for Federal office.

(B) One or more of the following issues creates an undue hardship 

for the State:

(i) The State's primary election date prohibits the State from 

complying with subsection (a)(8)(A).

(ii) The State has suffered a delay in generating ballots due to a 

legal contest.

(iii) The State Constitution prohibits the State from complying 

with such subsection.

(3) Timing of waiver

(A) In general

Except as provided under subparagraph (B), a State that requests a waiver 

under paragraph (1) shall submit to the Presidential designee the written 

waiver request not later than 90 days before the election for Federal office 

with respect to which the request is submitted. The Presidential designee 

shall approve or deny the waiver request not later than 65 days before 

such election.

(B) Exception

If a State requests a waiver under paragraph (1) as the result of an undue 

hardship described in paragraph (2)(B)(ii), the State shall submit to the 

Presidential designee the written waiver request as soon as practicable. 

The Presidential designee shall approve or deny the waiver request not 

later than 5 business days after the date on which the request is received.

(4) Application of waiver

A waiver approved under paragraph (2) shall only apply with respect to the 

election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted a request under paragraph (1) with

respect to such election.
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(h) Tracking marked ballots

The chief State election official, in coordination with local election jurisdictions, 

shall develop a free access system by which an absent uniformed services voter or 

overseas voter may determine whether the absentee ballot of the absent uniformed 

services voter or overseas voter has been received by the appropriate State election 

official.

(i) Prohibiting refusal to accept applications for failure to meet certain 

requirements

A State shall not refuse to accept and process any otherwise valid voter registration 

application or absentee ballot application (including the official post card form 

prescribed under section 20301 of this title [UOCAVA section 101]) or marked 

absentee ballot submitted in any manner by an absent uniformed services voter or 

overseas voter solely on the basis of the following:

(1) Notarization requirements.

(2) Restrictions on paper type, including weight and size.

(3) Restrictions on envelope type, including weight and size.

[Section 103:] § 20303. Federal write-in absentee ballot in general 

elections for Federal office for absent uniformed services voters and 

overseas voters148

(a) In general

(1) Federal write-in absentee ballot

The Presidential designee shall prescribe a Federal write-in absentee ballot 

(including a secrecy envelope and mailing envelope for such ballot) for use in 

general, special, primary, and runoff elections for Federal office by absent uniformed services voters and overseas voters who make timely application for,

and do not receive, States,* absentee ballots.

(2) Promotion and expansion of use of Federal write-in absentee ballots

(A) In general

Not later than December 31, 2011, the Presidential designee shall adopt 

procedures to promote and expand the use of the Federal write-in absentee ballot as a back-up measure to vote in elections for Federal office.

148. Formerly 42 U.S.C. § 1973ff-2.

* So in original. Probably should be “States’.”
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(B) Use of technology

Under such procedures, the Presidential designee shall utilize technology 

to implement a system under which the absent uniformed services voter 

or overseas voter may—

(i) enter the address of the voter or other information relevant 

in the appropriate jurisdiction of the State, and the system will generate a list of all candidates in the election for Federal office in that 

jurisdiction; and

(ii) submit the marked Federal write-in absentee ballot by printing the ballot (including complete instructions for submitting the 

marked Federal write-in absentee ballot to the appropriate State 

election official and the mailing address of the single State office designated under section 20302(b) of this title [UOCAVA section 

102(b)]).

(C) Authorization of appropriations

There are authorized to be appropriated to the Presidential designee such 

sums as may be necessary to carry out this paragraph.

(b) Submission and processing

Except as otherwise provided in this subchapter, a Federal write-in absentee ballot 

shall be submitted and processed in the manner provided by law for absentee ballots in the State involved. 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 voter or overseas 

voter for a State absentee ballot is received by the appropriate State election 

official after the later 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 the absent uniformed services voter 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.

(c) Special rules

The following rules shall apply with respect to Federal write-in absentee ballots:

(1) In completing the ballot, the absent uniformed services voter or overseas voter may designate a candidate by writing in the name of the candidate 
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or by writing in the name of a political party (in which case the ballot shall be 

counted for the candidate of that political party).

(2) In the case of the offices of President and Vice President, a vote for a 

named candidate or a vote by writing in the name of a political party shall be 

counted as a vote for the electors supporting the candidate involved.

(3) Any abbreviation, misspelling, or other minor variation in the form 

of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained.

(d) Second ballot submission; instruction to absent uniformed services voter 

or overseas voter

An absent uniformed services voter or overseas voter who submits a Federal writein absentee ballot and later receives a State absentee ballot, may submit the State 

absentee ballot. The Presidential designee shall assure that the instructions for 

each Federal write-in absentee ballot clearly state that an absent uniformed services voter or overseas voter who submits a Federal write-in absentee ballot and 

later receives and submits a State absentee ballot should make every reasonable 

effort to inform the appropriate State election official that the voter has submitted 

more than one ballot.

(e) Use of approved State absentee ballot in place of Federal write-in 

absentee ballot

The Federal write-in absentee ballot shall not be valid for use in a general, special, 

primary, or runoff election for Federal office if the State involved provides a State 

absentee ballot that—

(1) at the request of the State, is approved by the Presidential designee 

for use in place of the Federal write-in absentee ballot; and

(2) is made available to absent uniformed services voters and overseas 

voters at least 60 days before the deadline for receipt of the State ballot under 

State law.

(f) Prohibiting refusal to accept ballot for failure to meet certain requirements

A State shall not refuse to accept and process any otherwise valid Federal write-in 

absentee ballot submitted in any manner by an absent uniformed services voter or 

overseas voter solely on the basis of the following:

(1) Notarization requirements.

(2) Restrictions on paper type, including weight and size.

(3) Restrictions on envelope type, including weight and size.
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(g) Certain States exempted

A State is not required to permit use of the Federal write-in absentee ballot, if, on 

and after August 28, 1986, the State has in effect a law providing that—

(1) a State absentee ballot is required to be available to any voter described in section 20310(5)(A) of this title [UOCAVA section 107(5)(A)] at 

least 90 days before the general, special, primary, or runoff election for Federal office involved; and

(2) a State absentee ballot is required to be available to any voter described in section 20310(5)(B) or (C) of this title [UOCAVA section 

107(5)(B) or (C)], as soon as the official list of candidates in the general, special, primary, or runoff election for Federal office is complete.

[Section 103A:] § 20304. Procedures for collection and delivery of 

marked absentee ballots of absent overseas uniformed services voters149

(a) Establishment of procedures

The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and 

the Federal write-in absentee ballot prescribed under section 20303 of this title 

[UOCAVA section 103], and for delivering such marked absentee ballots to the 

appropriate election officials.

(b) Delivery to appropriate election officials

(1) In general

Under the procedures established under this section, the Presidential designee 

shall implement procedures that facilitate the delivery of marked absentee 

ballots of absent overseas uniformed services voters for regularly scheduled 

general elections for Federal office to the appropriate election officials, in accordance with this section, not later than the date by which an absentee ballot 

must be received in order to be counted in the election.

(2) Cooperation and coordination with the United States Postal Service

The Presidential designee shall carry out this section in cooperation and coordination with the United States Postal Service, and shall provide expedited 

mail delivery service for all such marked absentee ballots of absent uniformed 

services voters that are collected on or before the deadline described in paragraph (3) and then transferred to the United States Postal Service.

149. Formerly 42 U.S.C. § 1973ff-2a.
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(3) Deadline described

(A) In general

Except as provided in subparagraph (B), the deadline described in this 

paragraph is noon (in the location in which the ballot is collected) on the 

seventh day preceding the date of the regularly scheduled general election 

for Federal office.

(B) Authority to establish alternative deadline for certain locations

If the Presidential designee determines that the deadline described in 

subparagraph (A) is not sufficient to ensure timely delivery of the ballot 

under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an 

alternative deadline for that location the latest date occurring prior to the 

deadline described in subparagraph (A) which is sufficient to provide 

timely delivery of the ballot under paragraph (1).

(4) No postage requirement

In accordance with section 3406 of title 39, such marked absentee ballots and 

other balloting materials shall be carried free of postage.

(5) Date of mailing

Such marked absentee ballots shall be postmarked with a record of the date 

on which the ballot is mailed.

(c) Outreach for absent overseas uniformed services voters on procedures

The Presidential designee shall take appropriate actions to inform individuals who 

are anticipated to be absent overseas uniformed services voters in a regularly 

scheduled general election for Federal office to which this section applies of the 

procedures for the collection and delivery of marked absentee ballots established 

pursuant to this section, including the manner in which such voters may utilize 

such procedures for the submittal of marked absentee ballots pursuant to this section.

(d) Absent overseas uniformed services voter defined

In this section, the term “absent overseas uniformed services voter” means an 

overseas voter described in section 20310(5)(A) of this title [UOCAVA section 

107(5)(A)].
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(e) Authorization of appropriations

There are authorized to be appropriated to the Presidential designee such sums as 

may be necessary to carry out this section.

[Section 103B:] § 20305. Federal Voting Assistance Program 

Improvements150

(a) Duties

The Presidential designee shall carry out the following duties:

(1) Develop online portals of information to inform absent uniformed 

services voters regarding voter registration procedures and absentee ballot 

procedures to be used by such voters with respect to elections for Federal office.

(2) Establish a program to notify absent uniformed services voters of 

voter registration information and resources, the availability of the Federal 

postcard application, and the availability of the Federal write-in absentee ballot on the military Global Network, and shall use the military Global Network 

to notify absent uniformed services voters of the foregoing 90, 60, and 30 days 

prior to each election for Federal office.

(b) Clarification regarding other duties and obligations

Nothing in this section shall relieve the Presidential designee of their duties and 

obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000.04 (or any successor 

directive or regulation) that is not inconsistent or contradictory to the provisions 

of this section.

(c) Authorization of appropriations

There are authorized to be appropriated to the Federal Voting Assistance Program 

of the Department of Defense (or a successor program) such sums as are necessary 

for purposes of carrying out this section.

[Section 104:] § 20306. Prohibition of refusal of applications on grounds 

of early submission151

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 20301 of this title 

150. Formerly 42 U.S.C. § 1973ff-2b.

151. Formerly 42 U.S.C. § 1973ff-3.
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[UOCAVA 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.

[Section 105:] § 20307. Enforcement152

(a) In general

The Attorney General may bring a civil action in an appropriate district court for 

such declaratory or injunctive relief as may be necessary to carry out this subchapter.

(b) Report to Congress

Not later than December 31 of each year, the Attorney General shall submit to 

Congress an annual report on any civil action brought under subsection (a) during the preceding year.

[Section 105A:] § 20308. Reporting requirements153

(a) Report on status of implementation and assessment of programs

Not later than 180 days after October 28, 2009, the Presidential designee shall submit to the relevant committees of Congress a report containing the following information:

(1) The status of the implementation of the procedures established for 

the collection and delivery of marked absentee ballots of absent overseas uniformed services voters under section 20304 of this title [UOCAVA section 

103A], and a detailed description of the specific steps taken towards such implementation for the regularly scheduled general election for Federal office 

held in November 2010.

(2) An assessment of the effectiveness of the Voting Assistance Officer 

Program of the Department of Defense, which shall include the following:

(A) A thorough and complete assessment of whether the Program, 

as configured and implemented as of October 28, 2009, is effectively assisting absent uniformed services voters in exercising their right to vote.

(B) An inventory and explanation of any areas of voter assistance in 

which the Program has failed to accomplish its stated objectives and effectively assist absent uniformed services voters in exercising their right 

to vote.

152. Formerly 42 U.S.C. § 1973ff-4.

153. Formerly 42 U.S.C. § 1973ff-4a.
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(C) As necessary, a detailed plan for the implementation of any new 

program to replace or supplement voter assistance activities required to 

be performed under this Act.

(3) A detailed description of the specific steps taken towards the implementation of voter registration assistance for absent uniformed services voters under section 1566a of title 10.

(b) Annual report on effectiveness of activities and utilization of certain 

procedures

Not later than March 31 of each year, the Presidential designee shall transmit to 

the President and to the relevant committees of Congress a report containing the 

following information:

(1) An assessment of the effectiveness of activities carried out under section 20305 of this title [UOCAVA section 103B], including the activities and 

actions of the Federal Voting Assistance Program of the Department of Defense, a separate assessment of voter registration and participation by absent 

uniformed services voters, a separate assessment of voter registration and participation by overseas voters who are not members of the uniformed services, 

and a description of the cooperation between States and the Federal Government in carrying out such section.

(2) A description of the utilization of voter registration assistance under 

section 1566a of title 10, which shall include the following:

(A) A description of the specific programs implemented by each military department of the Armed Forces pursuant to such section.

(B) The number of absent uniformed services voters who utilized 

voter registration assistance provided under such section.

(3) In the case of a report submitted under this subsection in the year 

following a year in which a regularly scheduled general election for Federal 

office is held, a description of the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 

20304 of this title [UOCAVA section 103A], which shall include the number 

of marked absentee ballots collected and delivered under such procedures and 

the number of such ballots which were not delivered by the time of the closing 

of the polls on the date of the election (and the reasons such ballots were not 

so delivered).
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(c) Definitions

In this section:

(1) Absent overseas uniformed services voter

The term “absent overseas uniformed services voter” has the meaning given 

such term in section 20304(d) of this title [UOCAVA section 103A(d)].

(2) Presidential designee

The term “Presidential designee” means the Presidential designee under section 20301(a) of this title [UOCAVA section 101(a)].

(3) Relevant committees of Congress defined

The term “relevant committees of Congress” means—

(A) the Committees on Appropriations, Armed Services, and Rules 

and Administration of the Senate; and

(B) the Committees on Appropriations, Armed Services, and House 

Administration of the House of Representatives.

[Section 106:] § 20309. Effect on certain other laws154

The exercise of any right under this subchapter shall not affect, for purposes of 

any Federal, State, or local tax, the residence or domicile of a person exercising 

such right.

[Section 107:] § 20310. Definitions155

As used in this subchapter, the term—

(1) “absent uniformed services voter” means—

(A) a member of a uniformed service on active duty who, by reason 

of such active duty, 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 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;

154. Formerly 42 U.S.C. § 1973ff-5.

155. Formerly 42 U.S.C. § 1973ff-6.
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(2) “balloting materials” means official post card forms (prescribed under section 20301 of this title [UOCAVA section 101]), Federal write-in absentee ballots (prescribed under section 20303 of this title [UOCAVA section 

103]), and any State balloting materials that, as determined by the Presidential designee, are essential to the carrying out of this subchapter;

(3) “Federal office” means the office of President or Vice President, or of 

Senator or Representative in, or Delegate or Resident Commissioner to, the 

Congress;

(4) “member of the merchant marine” means an individual (other than 

a member of a uniformed service or an individual employed, enrolled, or 

maintained on the Great Lakes or the inland waterways)—

(A) employed as an officer or crew member of a vessel documented 

under the laws of the United States, or a vessel owned by the United 

States, or a vessel of foreign-flag registry under charter to or control of 

the United States; or

(B) enrolled with the United States for employment or training for 

employment, or maintained by the United States for emergency relief 

service, as an officer or crew member of any such vessel;

(5) “overseas voter” means—

(A) an absent uniformed services voter who, by reason of active duty 

or service is absent from the United States on the date of the election 

involved;

(B) a person who resides outside the United States and is qualified 

to vote in the last place in which the person was domiciled before leaving 

the United States; or

(C) a person who resides outside the United States and (but for such 

residence) would be qualified to vote in the last place in which the person 

was domiciled before leaving the United States.

(6) “State” means a State of the United States, the District of Columbia, 

the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American 

Samoa;

(7) “uniformed services” means the Army, Navy, Air Force, Marine 

Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric 

Administration; and

(8) “United States”, where used in the territorial sense, means the several 

States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, 

the Virgin Islands, and American Samoa.
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§ 20311. Technology pilot program156

(a) Definitions

In this section:

(1) Absent uniformed services voter

The term “absent uniformed services voter” has the meaning given such term 

in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting 

Act (42 U.S.C. 1973ff–6(1)).

(2) Overseas voter

The term “overseas voter” has the meaning given such term in section 107(5) 

of such Act [42 U.S.C. 1973ff–6(5)].

(3) Presidential designee

The term “Presidential designee” means the individual designated under section 101(a) of such Act [42 U.S.C. 1973ff(a)].

(b) Establishment

(1) In general

The Presidential designee may establish 1 or more pilot programs under 

which the feasibility of new election technology is tested for the benefit of 

absent uniformed services voters and overseas voters claiming rights under 

the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff 

et seq.).

(2) Design and conduct

The design and conduct of a pilot program established under this subsection—

(A) shall be at the discretion of the Presidential designee; and

(B) shall not conflict with or substitute for existing laws, regulations, 

or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office.

(c) Considerations

In conducting a pilot program established under subsection (b), the Presidential 

designee may consider the following issues:

156. Formerly 42 U.S.C. § 1973ff-7.
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(1) The transmission of electronic voting material across military networks.

(2) Virtual private networks, cryptographic voting systems, centrally 

controlled voting stations, and other information security techniques.

(3) The transmission of ballot representations and scanned pictures in a 

secure manner.

(4) Capturing, retaining, and comparing electronic and physical ballot 

representations.

(5) Utilization of voting stations at military bases.

(6) Document delivery and upload systems.

(7) The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental 

and logistical obstacles and State procedures.

(d) Reports

The Presidential designee shall submit to Congress reports on the progress and 

outcomes of any pilot program conducted under this subsection, together with 

recommendations—

(1) for the conduct of additional pilot programs under this section; and

(2) for such legislation and administrative action as the Presidential designee determines appropriate.

(e) Technical assistance

(1) In general

The Election Assistance Commission and the National Institute of Standards 

and Technology shall provide the Presidential designee with best practices or 

standards in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the National Defense 

Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277; 

42 U.S.C. 1973ff note), as amended by section 567 of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–

375; 118 Stat. 1919) to support the pilot program or programs.

(2) Report

In the case in which the Election Assistance Commission has not established 

electronic absentee voting guidelines under such section 1604(a)(2), as so 

amended, by not later than 180 days after October 28, 2009, the Election Assistance Commission shall submit to the relevant committees of Congress a 

report containing the following information:

(A) The reasons such guidelines have not been established as of such 

date.
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(B) A detailed timeline for the establishment of such guidelines.

(C) A detailed explanation of the Commission's actions in establishing such guidelines since October 28, 2004.

(3) Relevant committees of Congress defined

In this subsection, the term “relevant committees of Congress” means—

(A) the Committees on Appropriations, Armed Services, and Rules 

and Administration of the Senate; and

(B) the Committees on Appropriations, Armed Services, and House 

Administration of the House of Representatives.

(f) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out 

this section.
The Federal Judicial Center

Board

The Chief Justice of the United States, Chair

Judge Curtis L. Collier, U.S. District Court for the Eastern District of Tennessee

Magistrate Judge Jonathan W. Feldman, U.S. District Court for the Western District of New 

York

Judge Kent A. Jordan, U.S. Court of Appeals for the Third Circuit

Judge Kimberly J. Mueller, U.S. District Court for the Eastern District of California

Chief Judge C. Ray Mullins, U.S. Bankruptcy Court for the Northern District of Georgia

Judge George Z. Singal, U.S. District Court for the District of Maine

Judge David S. Tatel, U.S. Court of Appeals for the District of Columbia Circuit

James C. Duff, Director of the Administrative Office of the U.S. Courts

Director

Judge Jeremy D. Fogel

Deputy Director

John S. Cooke

About the Federal Judicial Center

The Federal Judicial Center is the research and education agency of the federal judicial 

system. It was established by Congress in 1967 (28 U.S.C. §§ 620–629), on the 

recommendation of the Judicial Conference of the United States.

By statute, the Chief Justice of the United States chairs the Center’s Board, which also 

includes the director of the Administrative Office of the U.S. Courts and seven judges 

elected by the Judicial Conference.

The organization of the Center reflects its primary statutory mandates. The Education 

Division plans and produces education and training for judges and court staff, including 

in-person programs, video programs, publications, curriculum packages for in-court 

training, and Web-based programs and resources. The Research Division examines and 

evaluates current and alternative federal court practices and policies. This research assists 

Judicial Conference committees, who request most Center research, in developing policy 

recommendations. The Center’s research also contributes substantially to its educational 

mission. The Federal Judicial History Office helps courts and others study and preserve 

federal judicial history. The International Judicial Relations Office provides information to 

judicial and legal officials from foreign countries and assesses how to inform federal judicial 

personnel of developments in international law and other court systems that may affect 

their work. Two units of the Director’s Office—the Information Technology Office and the 

Editorial & Information Services Office—support Center missions through technology, 

editorial and design assistance, and organization and dissemination of Center resources.