State Legislative Initiatives

Each year the Federal Voting Assistance Program (FVAP) sends legislative initiatives to all the states and territories for consideration. The legislative initiatives the FVAP requests states and territories to consider are as follows:

45-Day Ballot Transit Time

FVAP recommends a minimum of 45 days between the date the ballot is mailed to the voter and the voted ballot return deadline. This is especially beneficial for citizens voting from overseas and APO/FPO addresses.

Elimination of the Notary Requirement

Obtaining notarization of voting materials can be difficult and quite expensive in some foreign countries. This provision allows citizens to execute a self-administered oath on all voting materials.

Late Registration Procedures

A state's registration requirements, and the date of an individual's discharge from the Uniformed Services, or the date a citizen returns from overseas employment may create a barrier to timely voter registration. FVAP encourages the states to allow citizens to register past the regular deadline.

Special State Write-In Absentee Ballot

This legislation allows citizens stationed in remote locations who are unable to receive regular absentee ballots sent in the normal time frame, to use a Special State Write-In Absentee Ballot which provides a full slate of offices.

Reference to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) in the State Election Code

This will help election officials find guidance to applicable Federal law and increase their familiarity with the statute and its application.

Electronic Transmission of Election Materials

FVAP encourages all states to use fax and email for the transmission of balloting materials between local election officials and voters. Fifty-one states and territories use some electronic transmission of election materials

Expanded Use of the Federal Write-In Absentee Ballot (FWAB)

Currently the FWAB is generally allowed for Federal offices only. This legislation proposes expanding its use to include special, primary and run-off elections when citizens cannot receive regular ballots in a timely manner. In addition, the FWAB can be accepted simultaneously for registration and absentee ballot request.

Emergency Authority for Chief Election Official

Granting emergency authority to the chief election official in the state would allow him or her to designate alternate methods for handling absentee ballots in times of a declared emergency.

Enfranchise Citizens Who Have Never Resided in the U.S.

Approximately 50,000 U.S. citizens who have never resided in the U.S. are not entitled to vote under current law. While they are subject to all other requirements of citizenship, they are not eligible to vote. This legislation would allow these citizens to vote where either parent is eligible to vote under UOCAVA.

Accept Ballot Date and Signature in Lieu of Postmark

Although UOCAVA voters may have voted and mailed their ballot in a timely manner, the ballot envelope may not have been postmarked on that date. By signing and dating the ballot the voter, under penalty of perjury, is certifying that their ballot was voted prior to the close of polls on Election Day.

2009 Legislative Initiatives by State

(as of September 2008)

Alabama

Alaska

Arizona

American Samoa

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Guam

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Puerto Rico

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virgin Islands

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Last updated: 10.27.2008