Automatic Voter Registration

Fall 2016

A Policy Brief
I

n an attempt to modernize the voter registration process, several 

States are considering, or have recently considered, automatic voter 

registration. Project Vote defines “automatic voter registration” as a 

statutory system whereby State election officials use information about 

individuals’ voter eligibility existing within government databases to 

register qualified individuals to vote without the individuals themselves 

needing to take action.”1 Citizens are given the choice of intentionally 

opting-out of registration or updating their information. 

Once registered, the voter’s information is sent electronically from the 

State government agency that originally collected the information to 

the election official responsible for verifying the voter’s eligibility and/or 

updating the voter’s registration information. This would occur each time 

that the voter utilizes services with a particular State government agency 

(i.e., the Department of Motor Vehicles). 

Background on Automatic Voter Registration

Current Legislative Status

As of August 9, 2016, five States have enacted automatic voter 

registration laws: Washington, D.C., Oregon, California, West 

Virginia, and Vermont. Connecticut enacted its system by administrative 

rule in May of 2016. According to the Brennan Center for Justice, 21 

additional States plus the District of Columbia have considered measures 

in 2016 that would enact automatic voter registration.

There has been movement at the federal level as well. In July 2016, Rep. 

Robert Brady introduced H.R. 5779, the “Automatic Voter Registration 

Act of 2016,” that would require all eligible citizens to be automatically 

registered for federal elections when they utilize certain State or Federal 

Automatic Voter Registration 2
Potential Impact on UOCAVA Voters

agencies. Senators Leahy, Klobuchar and Durbin introduced companion 

legislation in the Senate (S.3252). Similar legislation was introduced in 

2015 by Sen. Bernie Sanders and by Rep. David Cicilline.

While the intent of automatic voter registration is to modernize 

the voter registration system, add more voters to the rolls 

and streamline the administration of voter registration for voters and 

election officials alike, there are potential consequences for voters 

covered under the Uniformed and Overseas Citizens Absentee Voting 

Act (UOCAVA). UOCAVA voters are U.S. citizens who are active 

members of the Uniformed Services, the Merchant Marine, and the 

commissioned corps of the Public Health Service and the National 

Oceanic and Atmospheric Administration, their eligible family members 

and U.S. citizens residing outside the United States. UOCAVA covers 

voters who are absent from their voting jurisdiction and affords them 

the use of forms prescribed by the Federal Voting Assistance Program 

(FVAP). FVAP’s forms, specifically the Federal Post Card Application, 

allow the voter to simultaneously register and request a ballot for federal 

elections in at least the calendar year in which the form is submitted. 

NVRA allows a voter to permanently register to vote in their assigned 

polling precinct. This registration is permanent and generally not 

canceled except under certain circumstances (i.e., voter relocates to 

another precinct; voter withdraws registration; failure to vote in a certain 

number of consecutive elections, etc.) UOCAVA registration is a little 

different and can vary from State to State. Some States treat the Federal 

Post Card Application (FPCA) as a temporary registration that must be 

updated by the voter every calendar year. Other States will place a 

Automatic Voter Registration 3

 The distinctions 

between voter 

registration 

under the National 

Voter Registration 

Act (NVRA) and 

registration as 

a UOCAVA voter 

raise interesting 

questions in relation 

to automatic voter 

registration.
UOCAVA voter on their permanent registration voter rolls, but require an 

updated absentee ballot request every few years. Many UOCAVA voters 

already experience confusion between being registered and having a 

valid ballot request. Automatic voter registration could potentially intensify 

this confusion amongst this group of voters.

The distinctions between voter registration under the National Voter 

Registration Act (NVRA) and registration as a UOCAVA voter raise 

interesting questions in relation to automatic voter registration. For 

example, does voter registration that occurs under the terms of automatic 

registration impact a UOCAVA voter’s status? Should it? Is there a method 

for a new UOCAVA voter to specify their UOCAVA status so that an 

absentee ballot request is made concurrently with their registration? Are 

there explicit protections in place to ensure that a previously registered 

UOCAVA voter retains that status even when their registration is updated 

under an automatic voter registration system? 

States with enacted automatic voter registration: Washington, D.C., Oregon, California, 

West Virginia, and Vermont. 20 additional States have considered automatic voter 

registration measures. 

Automatic Voter Registration 4
Potential Impact on Residency

Many UOCAVA voters, particularly those serving in the military, are highly 

mobile. They may need to utilize government services in a variety of States 

as they relocate from duty station to duty station; however, they may wish 

to retain their home of record as their voting residence address (within 

their State of legal residence). If this voter is automatically registered 

in a new State when they utilize a State government service, this could 

impact their legal residency depending on the law in the State in which 

they have now been automatically registered in conjunction with the law 

in their original State of residence. This could also inadvertently put them 

at odds with the provisions outlined in the FPCA prescribed oath which 

states, “I am not registering, requesting a ballot, or voting in any other 

jurisdiction in the United States, except the jurisdiction cited in this form 

(FPCA).”

The questions raised by the interplay between permanent registration, 

temporary registration and a valid absentee ballot request are particularly 

important given that much of the military population is young and may 

not be familiar with the provisions of automatic voter registration or the 

nuances between absentee voting resources versus those granting 

permanent registration. The bottom line is that while voters are given the 

option to “opt-out” of automatic registration, UOCAVA voters are often 

first-time voters who may not have an understanding of how automatic 

registration could impact their residency and UOCAVA status.

Automatic Voter Registration 5

The bottom line is 

that while voters 

are given the 

option to “optout” of automatic 

registration, UOCAVA

voters are often 

first-time voters 

who may not have 

an understanding 

of how automatic 

registration could 

impact their 

residency and 

UOCAVA status. 

An active duty Service member has legal residence in Florida but is currently 

stationed in West Virginia. While serving in West Virginia, she visits the West 

Virginia Department of Motor Vehicles to obtain a West Virginia driver’s 

license. While filling out the forms, she fails to opt-out of voter registration in 

West Virginia and is now a registered voter in the State of West Virginia thus 

technically nullifying any previous registration in Florida and potentially having 

negative implications on her residency status in Florida. This could also result 

in additional tax implications.

In Focus...
Potential Impact on UOCAVA Status

Another potential impact to UOCAVA voters is the inability of automatic 

voter registration to properly capture a person’s status as a UOCAVA

voter, and its potential to strip that status altogether. For example, a 

UOCAVA voter may need to update their driver’s license in their State of 

legal residence even though they are currently stationed in another State.

An active duty Marine from North Carolina is interested in purchasing a vehicle 

while stationed at Camp Pendleton in San Diego, but needs to obtain a driver’s 

license. When he makes that transaction with the California Department of 

Motor Vehicles, he will automatically be registered to vote under automatic voter 

registration provisions after failing to opt-out of the transaction. Additionally, 

the Department of Motor Vehicles may have no way of verifying or knowing 

that the voter qualifies as a UOCAVA voter given his active duty military status. 

Therefore, the voter would be registered as a regular in-state voter causing 

the potential loss of UOCAVA protections. Additionally, this voter would now 

be registered in both North Carolina and California, which could lead to further 

complications when the Marine returns to Camp Pendleton and submits a 

Federal Post Card Application to his home jurisdiction in North Carolina.

Automatic Voter Registration 6

In Focus...

Potential Tax Implications

Overseas citizens, particularly those who have never resided in the United 

States, are sensitive to anything that would impact their tax status in the 

United States or their State of residence. Active duty Service members 

may also have tax implications from changes to voter registration that 

impacts residency. This is particularly true for those Service members 

who have established their residence in States that do not have a State 

income tax (e.g., Florida or Texas).
A spouse of an active duty Service member with legal residence in Texas attends 

graduate school at a State university in New York with plans to immediately 

return to Texas upon graduation. New York (hypothetically) has automatic voter 

registration for anyone attending a State university and so this voter is registered 

upon enrollment in the university. This individual is now considered a voter, and 

potentially a legal resident, in the State of New York. As a legal resident, she 

would now be liable for State income taxes in the State of New York.

Automatic Voter Registration 7

While many automatic voter registration laws apply only to services 

utilized through a State’s Department of Motor Vehicles, some legislative 

proposals extend automatic voter registration to other social services 

that overseas citizens may be more likely to utilize, such as attendance 

at State universities. Depending on the State, voter registration also 

serves as the establishment of residency in the State. An overseas 

citizen attending school in a State with such a law on the books may 

suddenly find themselves a resident of the State through automatic voter 

registration and may then find themselves liable for State income taxes. 

In Focus...

Local DMV office in Georgia.
As more States consider adopting or begin implementation of their 

automatic voter registration systems, there are steps the States 

can take to help alleviate potential negative implications for UOCAVA 

voters. It is important that voters be provided as much information as 

possible regarding the automatic voter registration system and what 

utilizing the system could potentially mean for the voter. For example, in 

West Virginia, a voter utilizing its automatic voter registration system is 

asked to confirm several times that they are both eligible to register in 

West Virginia and that they want to register in West Virginia. This helps 

to ensure the voter has full awareness that they are registering to vote 

in West Virginia and reinforces that registering to vote in West Virginia 

is their intent.

States have also taken initial steps to ensure that voters who are 

currently registered as UOCAVA voters will not have their UOCAVA 

status stripped because of automatic voter registration. In Oregon, when 

a voter utilizes Oregon’s Motor Voter system, the voter’s local election 

official is notified that the voter is a UOCAVA voter and the election official 

then investigates the UOCAVA voter’s record to determine whether their 

registration should be updated. West Virginia has incorporated a similar 

control procedure to help ensure that updating one’s voter registration 

with West Virginia will not strip their UOCAVA status. A previously 

submitted FPCA remains valid and in effect through the election year 

regardless of whether the voter is registered at the Department of Motor 

Vehicles in the interim.

Potential Solutions

Automatic Voter Registration

The Federal Voting 

Assistance Program 

provides Service 

members, their 

eligible family 

members and 

overseas citizens 

with information 

about, and 

assistance with, 

absentee voting. 

8
F VAP remains agnostic on the larger issue of whether automatic 

registration should be enacted by the States; however, it does 

have a responsibility to consider and educate stakeholders on the 

potential impact to UOCAVA voters. When considering implementation 

of automatic voter registration systems, FVAP encourages the States 

to consider the potential impact to UOCAVA voters, many of whom are 

first-time voters who often find the process of voting absentee daunting. 

Automatic registration could be yet another facet of the process they 

would need to be aware of. States should provide as much information 

as possible so that UOCAVA voters understand the potential implications 

automatic voter registration could have on both their legal residence and 

their status as a UOCAVA voter. As States consider adopting automatic 

voter registration or move forward with implementation of existing laws, 

we encourage States to examine ways to alleviate potential issues for 

UOCAVA voters. 

These points should also be considered as States enter into interstate 

agreements to exchange voter registration data. While the most recent 

voter transaction would typically take precedence, controls over potential 

consequences for UOCAVA voters should be considered critically 

important.

Conclusion and FVAP Next Steps

9

1 “Automatic Voter Registration Best Practices.” August 2015. http://www.

projectvote.org/wp-content/uploads/2015/08/Automatic-Registration-Best-PracticesAugust-2015.pdf

Automatic Voter Registration

FVAP does not 

advocate for or 

against automatic 

voter registration. 

This brief was 

intended to highlight 

the challenges 

and benefits 

UOCAVA voters 

might experience 

with automatic 

registration.

For more information on the Federal Voting Assistance Program, this 

research, or how FVAP can assist your office, please contact your FVAP 

State Analyst: 

Nate Bacchus (571) 372-0739 nate.a.bacchus@fvap.gov

Meghan Kelly (571) 372-0742 meghan.kelly@fvap.gov