By Morgan Thomas, CSG Policy Associate

Voting Season [Image 2 of 5] 
CAMP ARIFJAN, KUWAIT 
07.29.2020 
Photo by Sgt. Jermaine Jackson  
U.S. Army Central
Source: Dvidshub.net

Whether due to natural disasters, war or national security, members of the uniformed services are often away from their voting residence throughout their time in service. Even if the move is a permanent change of station, temporary duty assignment or a deployment, service members and their families can exercise their right to vote wherever they are through the Uniformed and Overseas Citizens Absentee Voting Act.

What is UOCAVA?

The Uniformed and Overseas Citizens Absentee Voting Act, commonly known as UOCAVA, is a federal statute that provides voting protections for U.S. citizens “who are active members of the Uniformed Services, the Merchant Marine, 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 was first enacted in 1986. In 2009, protections for military and overseas voters were further expanded by the Military and Overseas Voter Empowerment (MOVE) Act, which established voting procedures for all federal elections. This includes the requirement that all ballots must be mailed to UOCAVA voters no later than 45 days prior to a federal election.

Voters covered by UOCAVA are granted specific voting privileges that can help them overcome voting barriers and successfully cast their ballot. This includes allowing UOCAVA voters to use the Federal Post Card Application (FPCA) to register to vote and request an absentee ballot. UOCAVA citizens may also use the Federal Write-In Absentee Ballot (FWAB) if they have made a timely application for a regular ballot but have not received one.

UOCAVA Eligibility and the National Guard

As members of the uniformed services, members of the National Guard are eligible to vote under UOCAVA, but only under certain circumstances. UOCAVA eligibility is rarely a question for National Guard members given that they are generally only absent from their election jurisdiction for drill weekend and during annual training. Because of this, guardsmen often vote in-person on election day. However, guardsmen may be placed on orders in response to natural disasters and other events that can take them away from their polling place on election day.

When unable to vote in-person, National Guard members can vote under standard state absentee voting procedures or under UOCAVA voting procedures, depending on the type of order under which they are mobilized — State Active Duty (SAD), Title 10 or Title 32. If a guardsmen is away from their designated polling place due to drill or annual training, they would vote according to their state’s standard absentee voting procedures.

If mobilized under Title 10 or Title 32 orders, members of the National Guard would be eligible to vote under UOCAVA if their service status prevents them from voting in-person on election day. This is because Title 10 and Title 32 orders place guardsmen on federal active status, rather than state active status. Although all states consider guardsmen to be members of the uniformed services, these individuals only qualify for UOCAVA privileges when serving on federal active status, unless otherwise specified.

Guardsmen placed on State Active Duty (SAD) orders fall under the authority of the governor and operate on state active duty status. If a guardsman is activated on SAD orders and would like to use an FPCA to request an absentee ballot, the state statute must include specific language that includes their eligibility to do so. Many states do not differentiate between federal active status and state active status when referring to UOCAVA eligibility. Federal law does not prevent states from extending UOCAVA voting privileges in federal, state and local elections.

Despite these distinctions, statutes in many states are ambiguous when differentiating between federal active status and state active status as they relate to UOCAVA eligibility. No state outright bars guardsmen from voting under UOCAVA. However, some states have incorporated specific provisions that extend certain UOCAVA privileges to guardsmen. For example, Indiana guardsmen or Reservists who are deployed or on assignment outside of the state can use the FPCA. Those completing an in-state assignment are only eligible to vote according to standard Indiana absentee voting procedures. Arizona allows members of the National Guard who are activated on state orders to utilize UOCAVA voting procedures.

UOCAVA Eligibility as an Emergency Responder

Some states grant UOCAVA voting privileges to emergency responders when they are unable to vote in-person due to working out of state. Currently, 11 states provide alternative voting procedures for individuals who are called up for emergency response in or out of state. For example, in Mississippi, emergency responders can utilize the FPCA and the FWAB. National Guardsmen mobilized under SAD orders for emergency response efforts may be extended some, or all, of the UOCAVA voting privileges afforded to emergency responders by state law. Federal law does not prevent states from doing this. 

There is ambiguity in state’s language when referring to active National Guard status for UOCAVA eligibility between states. A state’s UOCAVA-specific language can be interpreted differently, and members of the National Guard should be sure to research their state’s specific UOCAVA eligibility requirements beginning with the Federal Voting Assistance Program (FVAP) website. For more information on how members of the uniformed services can vote in the states and abroad, check out FVAP’s 2024-25 Voting Assistance Guide. Members of the uniformed service may also contact their local Installation Voting Assistance Office for further assistance.

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