Uniformed and Overseas Citizens Absentee Voting Act: Background and Issues

Publication Date: January 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

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Abstract:

Members of the military and U.S. citizens who live abroad are eligible to register and vote absentee in federal elections under the provisions of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986. The law was enacted to improve absentee registration and voting for this group of voters and to consolidate existing laws. Since 1942, several federal laws have been enacted to assist these voters: the Soldier Voting Act of 1942 (amended in 1944), the Federal Voting Assistance Act of 1955, the Overseas Citizens Voting Rights Act of 1975 (both the 1955 and 1975 laws were amended in 1978 to improve procedures), and the Uniformed and Overseas Citizens Absentee Voting Act of 1986. The law is administered by the Secretary of Defense, who delegates that responsibility to the Director of the Federal Voting Assistance Program at the Department of Defense (DoD).

The closeness of the 2000 presidential election focused attention on ballots received in Florida from military and overseas voters under the provisions of UOCAVA, particularly the standards by which individual ballots were counted. After the election, then Secretary of Defense William S. Cohen directed the DoD Inspector General to investigate issues with military and overseas ballots in the election; a report was issued on June 22, 2001 ([http://www.dodig.osd.mil/audit/reports/fy01/01145sum.htm]). More recently, both the National Defense Authorization Act for FY2002 (P.L. 107-107; S. 1438) and the Help America Vote Act (P.L.107-252; H.R.3295) included provisions concerning military and overseas voting. The President signed P.L. 107-107 on December 28, 2001 and P.L. 107-252 on October 29, 2002. This report will be updated periodically to reflect new developments.