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The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
guarantees United States citizens overseas the right to vote in
federal elections in the United States. (Federal elections include
primaries, general and special elections for the President, Vice
President, U.S. Senators and U.S. Representatives to Congress.) The
UOCAVA applies only to federal elections. However, many states in
the United States have enacted legislation whereby certain
categories of citizens residing overseas may vote by absentee ballot
for state or local officials. The same procedures for obtaining
local election ballots are used for obtaining federal election
ballots.
In order to vote in either federal or state elections in the United
States, most states require citizens residing abroad to register in
the state of his or her "voting residence." A voting residence is
the legal residence or domicile in which the voter could vote if
present in that state. Military and Merchant Marine members, their
spouses and dependents may register to vote in the domicile (state)
that the member claims as his or her residence. Civilian U.S.
government employees overseas, their spouses and dependents will
generally register in the state they claim as their legal residence.
In accordance with the UOCAVA, private overseas citizens (not
affiliated to the U.S. government), must vote in their last state of
residence immediately prior to departure from the United States.
This applies even if many years have elapsed and the voter maintains
no abode nor has any intention of returning to that state.
How to Vote
Applying for the ballot: The Embassy does not supply voting
ballots, nor can you vote at the Embassy. However, the Embassy does
supply the form necessary to request the absentee ballot from your
last state of residence. The form is known as the FPCA – the Federal
Post Card Application.
FPCA’s can be collected in person from the Consular Section. We
suggest you visit us at the American Citizens Services (ACS) Unit
between 7:30 a.m. and 4:00 p.m., Monday through Friday. The Embassy
is closed on
Dominican and American holidays. Our telephone number is (809)
731-4294. When requesting the FPCA, also be sure to request the
voting instructions for your state of residence. If you live
permanently overseas, for voting purposes your state of residence is
the state where you last lived immediately before leaving the United
States. Please give the number of FPCA’s your household requires,
taking into account any adult children residing with you abroad.
The U.S. voting age is 18.
The FPCA is also available on the Internet, but not everyone can use
it. The Federal Voting Assistance Program website contains an
on-line version of the FPCA (OFPCA). Forty-five states allow
its use. The five states plus its territories that do not accept
the OFPCA will refuse to register or send ballots to overseas
citizens who use the OFPCA.
Important notes:
- All 50 states now accept the FPCA. All states will send out
ballots for every election during the year for which the person is
eligible; it is no longer necessary to send in an FPCA for each
election during the year.
-
Check your state's voter’s registration deadline by going to the
following Internet address:
http://www.fvap.gov/pubs/vag/vagchapter3.html
What do I do with the FPCA? Fill out the FPCA according to
the instructions attached to the postcard. If you have questions
about the instructions or if you need to know the address of the
official to whom to address the postcard (e.g. the County Clerk,
Board of Elections, Registrar of Voters, etc.), consult the Voting
Assistance Guide extract for your state.
The Voting Assistance Guide contains up-to-date requirements and
information for voting in each state. You will be given the state
information applicable in your case. Note the date for applying.
Once you determine the county you vote in, the Guide can give you
the address and zip code of the county official to whom you must
address your FPCA. Note that many states will accept the FPCA as a
multipurpose form, i.e., it can be used as an application for
registration and/or an absentee ballot.
In the event that your voting state does not accept the FPCA for all
purposes, the state will mail you a registration form, which must be
completed. In some cases the form must be notarized before an
American consular officer or notary public abroad. In those states,
only after the registration form is fully executed and mailed will
you receive an absentee ballot. The possibility of this two-steps
process makes it even more important to begin early.
Notarization: If the state requires that you take an oath to
the contents of the FPCA, bring it along with your U.S. passport to
the American Citizens Services Unit of the Consular Section. All
notarization services on voting materials are performed free of
charge. If you cannot appear before a consular officer, you may have
it witnessed by a local solicitor or notary public, to whom you will
likely need to pay a fee.
Where to send the FPCA: Look at your state’s absentee
registration and voting procedures in Chapter III of the
Voting Assistance Guide (VAG). Under the heading
“Where to Send it?”, you will find a list of addresses for city and
county local election officials. Send the FPCA to the city or
county where you are registered to vote.
Mailing the FPCA: The hard copy of the FPCA has pre-paid
franking. It can be mailed without the need for postage stamps if it
is sent through any APO/FPO mail facility, the Embassy or Consulate
diplomatic pouch, or hand-carried to the U.S. and dropped off in the
U.S. postal system. If you download or photocopy the OFPCA, and send
it through the diplomatic pouch, APO/FPO facilities or the U.S.
postal system, you will first need to put it in an envelope and
affix sufficient U.S. postage. If you send the FPCA or OFPCA by
express courier service directly to local election officials, you
need not affix postage but will have to pay applicable express
courier charges. Also check the Voting Assistance Guide for your
state as many of the states now allow you to fax your ballot. You
cannot submit the FPCA via the Internet.
Will I incur tax liability by registering to vote? Federal
law provides that no tax liability may be imposed based on
exercising your right to vote in Federal elections, i.e., elections
for the President, Vice President, U.S. Senators and U.S.
Representatives to Congress. If you are a civilian citizen residing
outside the U.S. and wish for tax purposes to avoid classifying
yourself as a state resident, you should check "Other U.S. citizen
residing outside U.S." on the FPCA. You will normally receive a
Federal ballot only. If the state sends you a full ballot because it
does not print a separate Federal ballot, you may vote the full
ballot without incurring a tax liability.
Note, however, that some applications for ballots or the ballots
themselves will ask you whether you want to vote for state officials
up for election, i.e., candidates for governor or for state
legislature. Before voting for state officials, consult the Voting
Assistance Guide, which lists the states in which you may incur tax
liability by either registering to vote or actually voting. To
reiterate, if you register to vote and vote only for federal
officials the law precludes the federal government and state or
local governments from using voting in determining your tax
domicile.
Federal Write-in Absentee Ballot: Overseas voters may be
eligible to use the Federal Write-in Absentee Ballot (FWAB) to vote
for federal offices (President/Vice President, Senator, and
Representative). The FWAB may be used only for general elections and
is a backup for voters who expect to be able to use the regular
absentee ballot from their state or territory but who did not
receive that ballot in time to vote and return it. The local
election official must receive the FWAB no later than the deadline
for receipt of regular absentee ballots under state law. The FWAB is
to be used to assist those voters who would be disenfranchised
through no fault of their own, and is not designed as a replacement
for the regular state ballot. It is valid only when the state
ballot has already been requested.
The Federal Write-in Absentee Ballots may be obtained by contacting
the American Citizens Services (ACS) Unit of the Consular Section.
Denial of right to vote: Any person who believes that he or she has
been wrongfully denied the right to vote should follow the
procedures outlined in the Voting Assistance Guide. Alternatively,
contact the Civil Rights Division of the U.S. Department of Justice,
Washington, D.C. 20520.
The Federal Voting Assistance Program has its own web site and
the Voting Assistance Guide is also available there:
www.fvap.gov; E-mail address:
vote@fvap.ncr.gov
VOTERS SHOULD SUBMIT FPCA AT LEAST 30 DAYS BEFORE EVERY
ELECTION DAY
Every
state has a deadline for closing of their registration lists. You
can check your state's registration deadline by going to the
following Internet address:
http://www.fvap.gov/pubs/vag/vagchapter3.html
For
assistance, you may contact an FVAP staff member through the
DoD Voting Information Center (VIC). The VIC also provides
recorded messages from candidates, as well as other information
concerning elections, 24 hours a day.
Citizens may reach the VIC toll-free from 59 countries using the
toll-free numbers listed on the FVAP website,
http://www.fvap.gov. In the U.S. call 1-800-438-VOTE (8683) or
local (703) 588-1343 or use DSN (military) 425-1343.
Questions regarding the above may also be referred to the Director,
Federal Voting Assistance Program, Department of Defense, Washington
Headquarters Services, 1155 Defense Pentagon, Washington DC
20301-1155. Additionally, the FVAP can be reached via e-mail at
vote@fvap.ncr.gov and on the World Wide Web at
http://www.fvap.gov.
Frequently asked questions about voting
I am a U.S. citizen living abroad. May I vote in U.S. elections?
Yes. Generally, all U.S. citizens 18 years or older who are or will
be residing outside the United States during an election period are
eligible to vote by absentee ballot in any election for Federal
office.
What is an election for Federal office?
An election for Federal office is any general, special, runoff or
primary election to select, nominate, or elect any candidate for the
offices of President, Vice President, Presidential elector, Member
of the United States Senate or Member of the United States House of
Representatives.
When are the elections? The 2004 general election was held
on November 2. States and territories hold primary, runoff and
special elections throughout the year.
Can I vote at the U.S. Embassy or Consulate? No. However,
Voting Assistance Officers witness or notarize the forms or ballots
(if required). They will also allow you to send voting materials
through the diplomatic pouch or APO/FPO mail system to your local
election officials in the U.S., where your registration and ballot
requests are processed and voted absentee ballots are counted.
Where can I
obtain information on a candidate's issues and positions?
In addition to finding information on international news channels,
the Internet or in U.S. newsmagazines and newspapers, you can
contact Democrats Abroad or Republicans Abroad. They maintain
offices overseas and will send you information pertaining to
candidates and issues. U.S. Embassies and Consulates can provide the
local addresses or phone numbers for these organizations.
Alternatively, you may contact the following organizations directly:
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Democrats Abroad
430 S. Capitol Street, SE
Washington, DC 20003
www.democratsabroad.org
E-mail: goldberga@dnc.democrats.org
Tel: (202) 479-5122 |
Republicans Abroad
209 Pennsylvania Ave., SE
Washington, D.C. 20003
www.republicansabroad.org
E-mail: republicansai@mindspring.com
Tel: (202) 608-1423 |
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