Overseas Citizens Voting Rights Act
PL 94-203 (S.95), enacted 01/02/1976

89 STAT. 1142 
PUBLIC LAW 94-203—JAN. 2, 1976 
Public Law 94-203 
94th Congress 
Jan. 2, 1976 
[S. 95] 
Overseas Citizens 
Voting Rights Act 
of 1975. 
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note. 
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Absentee 
registration and 
voting. 
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1973dd-l. 
An Act 
To guarantee the constitutional right to vote and to provide uniform procedures 
for absentee voting in Federal elections in the case of citizens outside the 
United States. 
Be it enacted hy the Senate 
and House of Representatives 
of the 
United States of America 
in Congress assembled^ That this Act may 
be cited as the "Overseas Citizens Voting Eights Act of 1975". 
DEFINITIONS 
SEC. 2. For the purposes of this Act, the term— 
(1^ "Federal election" means any general, special, or primary 
election held solely or in part for the purpose of selecting, nomi-
nating, or electing any candidate for the office of President, Vice 
President, Presidential elector. Member of the United States Sen-
ate, Member of the United States House of Representatives, Dele-
gate from the District of Columbia, Resident Commissioner of 
the Commonwealth of Puerto Rico, Delegate from Guam, or Dele-
gate from the Virgin Islands; 
(2) "State" means each of the several States, the District of 
Columbia, the Commonwealth of Pueilo Rico, Guam, and the 
Virgin Islands; and 
(3) "United States" includes the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, and the 
Virgin Islands, but does not include American Samoa, the Canal 
Zone, the Trust Territory of the Pacific Islands, or any other 
territory or possession of the United States. 
RIGHT OF CITIZENS RESIDING OVERSEAS TO VOTE IN FEDERAL ELECTIONS 
SEC. 3. Each citizen residing outside the United States shall have 
the right to register absentee for, and to vote by, an absentee ballot in 
any Federal election in the State, or any election district of such State, 
in which he was last domiciled immediately prior to his departure 
from the United States and in which he could have met all qualifica-
tions (except any qualification relating to minimum voting age) to 
vote in Federal elections under any present law, even though while 
residing outside the United States he does not have a place of abode 
or other address in such State or district, and his intent to return to 
such State or district may be uncertain, if— 
(1) he has complied with all applicable State or district qualifi-
cations and requirements, which are consistent with this Act, con-
cerning absentee registration for, and voting by, absentee ballots; 
(2) he does not maintain a domicile, is not registered to vote, 
and is not voting in any other State or election district of a State 
or territory or in any territory or possession of the United States; 
and 
(3) he has a valid passport or card of identity and registration 
issued under the authority of the Secretary of State. 
PUBLIC LAW 94-203—JAN. 2, 1976 
89 STAT. 1143 
ABSENTEE REGISTRATION AND BALLOTS FOR FEDERAL ELECTIONS 
SEC. 4. (a) Each State shall provide by law for the absentee regis-
tration or other means of absentee qualification of all citizens residing 
outside the United States and entitled to vote in a Federal election 
in such State pursuant to section 3 whose application to vote in such 
election is received by the appropriate election official of such State not 
later than thirty days immediately prior to any such election. 
(b) Each State shall provide by law for the casting of absentee 
ballots for Federal elections by all citizens residing outside the United 
States who— 
(1) are entitled to vote in such State pursuant to section 3; 
(2) have registered or otherwise qualified to vote under sub-
section (a); and 
(3) have returned such ballots to the appropriate election 
official of such State in sufficient time so that such ballot is received 
by such election official not later than the time of closing of the 
polls in such State on the day of such election. 
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ENFORCEMENT 
SEC. 5. (a) Whenever the Attorney General has reason to believe 
that a State or election district undertakes to deny the right to register 
or vote in any election in violation of section 3 or fails to take any 
action required by section 4, he may institute for the United States, 
or in the name of the United States, an action in a district court of the 
United States, in accordance with sections 1391 through 1393 of title 
28, United States Code, for a restraining order, a preliminary or per-
manent injunction, or such other order as he deems appropriate. 
(b) Whoever knowingly or willfully shall deprive or attempt to 
deprive any person of any right secured by this Act shall be fined not 
more than $5,000, or imprisoned not more than five years, or both. 
(c) Whoever knowingly or willfully gives false information as to 
his name, address, or period of residence for the purpose of establish-
ing his eligibility to register, qualify, or vote under this Act, or con-
spires with another individual for the purpose of encouraging the 
giving of false information in order to establish the eligibility of any 
individual to register, qualify, or vote under this Act, or pays, or offers 
to pay, or accepts payment either for registration to vote or for voting 
shall be fined not more than $5,000, or imprisoned not more than five 
years, or both. 
SEVERABILITY 
SEC. 6. If any provision of this Act is held invalid, the validity 
of the remainder of the Act shall not be affected. 
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Penalty. 
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89 STAT. 1144 
PUBLIC LAW 94-203—JAN. 2, 1976 
EFFECT ON CERTAIN OTHER LAWS 
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SEC. 7. Nothing in this Act shall— 
(1) be deemed to require registration in any State or election 
district in which registration is not required as a precondition 
to voting in any Federal election; or 
(2) prevent any State or election district from adopting or 
following any voting practice which is less restrictive than the 
practices prescribed by this Act. 
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note. 
EFFECTIVE DATE 
SEC. 8. The provisions of the Act shall apply with respect to any 
Federal election held on or after January 1, 1976. 
Approved January 2, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-649 (Comm. on House Administration). 
SENATE REPORT No. 94-121 (Comm. on Rules and Administration). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
May 15, considered and passed Senate. 
Dec. 10, considered and passed House, amended. 
Dec. 18, Senate concurred in House amendment.