Important HAVA Details for Local Election Officials about UOCAVA Voters:
Because HAVA designates a single State office to provide information on registration and absentee ballots for all voters in the State, FVAP often refers to duties of local election officials as those of requirements of the State office in charge of the requirements of that State.
When registering by mail, citizens covered by UOCAVA are exempt from the requirement to provide a copy of a valid photo identification or other documentation that shows the name and address of the voter.
Upon receipt and approval of an FPCA form from a UOCAVA citizen, the local election official shall provide the citizen with ballots for each subsequent election for Federal office in the State through the next two general elections for Federal office.
In order to notify local election officials of their current mailing address, the FVAP will continue to recommend that UOCAVA citizens submit an FPCA annually in January and whenever they move or change their mailing address.
Effective January 1, 2004, the Standard Oath should be used by local election officials in States where an oath is currently required on the ballot return envelope used by UOCAVA citizens. State absentee registration forms are not required to include the standard oath. States or localities with an excess of previously printed absentee ballot return envelopes for UOCAVA citizens may use a sticker or stamp with the oath until such time that they print new envelopes.
States may append the oath as required by State law or administrative procedure.
The Standard Oath follows:
"I swear or affirm under penalty of perjury, that I am:
1. A member of the Uniformed Services or merchant marine on active duty; or an eligible spouse or dependent of such a member; or,
A U.S. citizen temporarily residing outside the U.S.; or,
Other U.S. citizen residing outside the U.S.; and
2. I am a "U.S. citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; and
3. I have not been convicted of a felony, or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting rights have been reinstated; and
4. I am not registered, requesting a ballot, or voting in any other jurisdiction in the U.S., except the jurisdiction cited in this voting form.
In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under State or Federal law. I have not been influenced.
My signature and date below indicate when I completed this document.
The information on this for is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction of perjury.
Measures enacted in 2002 guarantee postmarking of all absentee ballots to the maximum extent practicable. In instances where a postmark is not evident, FVAP encourages election officials to accept the date the ballot envelope was signed and dated as evidence of when the voter cast the ballot.
FVAP will continue to recommend that UOCAVA citizens mail their voted ballots to their local election official by October 15, or as soon as they are received anytime up until Election Day, as many states have late-counting procedures in place.
FVAP suggests the following sample language for the definition of UOCAVA voters on your website:
Citizens who are members of the Uniformed Services, merchant marine, commissioned corps of the Public Health Service, the National Oceanic and Atmospheric Administration and the family members of the above and overseas citizens. Uniformed Services are defined as the U.S. Armed Forces (Navy, Army, Air Force, Marine Corps and Coast Guard), merchant marine, commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration and family members of all of the above. Overseas citizens are defined as citizens who reside outside the United States.
The Local Election Official must process voter registration applications and absentee ballot requests from UOCAVA voters upon receipt. If the LEO rejects the application or ballot request, the LEO should use the most expedient means available to notify the voter of the reason(s) for rejection. Such means may include postal mail (including the small postage paid return post card portion of the FPCA), telephone, electronic mail, or facsimile.
FVAP provides an electronic transmission service that state and local election officials may use to fax (toll free at 1-800-368-8683) UOCAVA voters. The voter's fax number must be included as the FVAP does not have access to any voter's fax numbers.
FVAP recommends that LEOs accept and process UOCAVA registration and absentee ballot applications as soon as they arrive to avoid possible delays due to an incomplete form even though State law may provide for applications to be processed at a later date.