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Element 49 Page 217.

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Presentation on theme: "Element 49 Page 217."— Presentation transcript:

1 Element 49 Page 217

2 About FVAP The Federal Voting Assistance Program (FVAP) works to ensure Service members, their eligible family members, and overseas citizens are aware of their right to vote and have the tools and resources to successfully do so - from anywhere in the world.

3 The Director of FVAP administers the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) on behalf of the Secretary of Defense. UOCAVA, as amended by the Military and Overseas Voter Empowerment (MOVE) Act, requires States to transmit requested absentee ballots to UOCAVA voters no later than 45 days before a federal election. MORE ABOUT FVAP

4 Absentee Ballot Voting Process via FVAP:
You register to vote and request an absentee ballot by filling out the Federal Post Card Application (FPCA), and sending it to your election office in your State of legal residence. The election office approves the FPCA, disapproves the FPCA or requests additional information. Once the FPCA is approved, the election office sends an absentee ballot to you. You then complete, and return your voted absentee ballot to your election office by your State's deadline.

5 Let’s Review the LAWS that govern the activities of the FVAP:
Uniformed and Overseas Citizens Absentee Voting Act The Uniformed and Overseas Citizens Absentee Voting Act is commonly referred to as UOCAVA. Citizens who are protected under UOCAVA are: U.S. citizens who are active members of the Uniformed Services (Army, Navy, Air Force and Coast Guard); 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 provides the legal basis for absentee voting requirements for these citizens.

6 The LAWS Cont’d: National Voter Registration Act
The National Voter Registration Act (NVRA) of 1983, requires that individuals be given the opportunity to register to vote or to change their voter registration data when applying for or receiving services or assistance at any office designated as a voter registration agency.  The Secretary of Defense is designated to develop and implement, jointly with each State, procedures for persons to apply to register to vote at recruitment offices of the Armed Forces. Additionally, the Services have designated Installation Voter Assistance Offices as part of the assistance available for military members, their eligible family members an civilians working on military bases.

7 The LAWS Cont’d: Help America Vote Act Voting Residency Guidelines
FVAP developed an interpretive memorandum (a 19 pages document) explaining the impact of the Help America Vote Act (HAVA) amendments to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Voting Residency Guidelines Proper legal voting residence is critical to ensure a State's timely approval of the registration and absentee ballot request and transmittal of the ballot to the voter.

8 Voting Residency Guidelines: Why is a voting residence important?
Your voting residence is within your State of legal residence or domicile. It is the true, fixed address that you consider your permanent home and where you had a physical presence. Your State of legal residence is used for State income tax purposes, and determines eligibility to vote for federal and State elections and qualification for in-state tuition rates. State of legal residence and voting residence is sometimes mistaken for home of record. While your voting residence may be the same as your home of record at the beginning of your military career, if you change your legal residence or domicile at any point you also need to update your voting residence. To claim a new legal residence or domicile, consult your legal counsel or military legal assistance office, as there may be other factors to consider, such as tax implications.

9 Your responsibilities as a transitioning Service member:
As you transition back to civilian life, you will no longer be covered by UOCAVA. You and your eligible family members should notify your election office of your change in voter registration status and update your information so that you can begin to vote locally. You may do this in either one or two easy steps. If you have voted absentee or locally and are staying in the same voting residence after separation: Notify your election office of your change in status and that you will be voting locally for future elections.

10 Your responsibilities as a transitioning Service member:
Notify your election office of your change in status and that you will no longer be voting in that jurisdiction. Complete a National Voter Registration Form to register as a civilian. If you will be moving abroad after separating from the military, you will remain a UOCAVA voter. You should send in a new Federal Post Card Application (FPCA) with your updated mailing address and new classification selection. The FPCA can be found at FVAP.gov. Your voting residence address in the U.S. will remain the same. 

11 References and Resources:
DoD Instruction DoD Fax Service via Address: FVAP Technical Support: Command Voting Assistance Officer for State specific resources

12 Questions


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