Guidelines for Persons Providing Voter Assistance to
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Federal Voting Assistance Program U.S. Department of Defense
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The 1975 Overseas Citizens Absentee Voting Rights Act gave U.S. citizens who resided outside the United States and who would otherwise be qualified to vote except for residency, the right to vote for candidates for Federal office. The Act was amended in 1978 to
prohibit a State from taxing a citizen who resided overseas solely because the citizen voted in an election for Federal office. In 1986, the Act was superseded by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which included all of the provisions of the 1975 Act and provided for a special Federal Write-In Absentee Ballot which could be used by overseas citizens under certain conditions.
Throughout the history of absentee voting outside the United States, persons have been designated at U.S. embassies and consulates as Voting Assistance Officers. These persons publicize the right of
Americans to vote absentee overseas and provide procedural information and assistance to any citizen who is eligible to vote.
As the number of U.S. citizens overseas increased, associations
and organizations of U.S. citizens began to augment the government’s efforts by providing procedural information and assistance concerning absentee voting. The official overseas organizations of the two major political parties, Democrats Abroad and Republicans Abroad, regularly organize "voter registration drives" of American citizens overseas. While these efforts are sponsored by partisan groups, they normally provide procedural assistance to any citizen regardless of party preference.
Designated U.S. consular personnel at embassies or consulates provide voting assistance. They are careful in the performance of their duties not to engage in activities that could be interpreted as being associated with any partisan political causes, issues or
candidates. However, there are no special requirements for other persons who offer or attempt to provide absentee voting procedural assistance to citizens overseas. Persons who offer to provide this assistance should have the current official Voting Assistance Guide and be thoroughly familiar with
its contents. The Guide is published by the Federal Voting Assistance Program and contains information on how to assist eligible voters. It also contains the procedural information required by each State to register or vote absentee. Those providing voting assistance should also ensure they have sufficient quantities of the official voting materials for distribution such as the Federal Post Card Application form (FPCA) and the Federal Write-In Absentee Ballot (FWAB).
Persons providing assistance should also know how to get help through the Ombudsman service provided by the Federal Voting Assistance Program.
Persons assisting eligible voters should be aware of the important role they assume. Inaccurate advice or assistance could disenfranchise the very citizens they are attempting to help. They should also be aware of potential legal penalties for knowingly providing false information, or knowingly and willfully intimidating, threatening or coercing, or attempting to intimidate, threaten, or coerce any person attempting to register or vote. As a voting assistance officer, these persons become a part of the electoral process and their actions should always be circumspect to preclude the appearance of impropriety. They must protect the integrity of the electoral process.
Persons who help should provide procedural assistance only. On the FVAP web site, www.fvap.gov, answers are provided to the most frequently asked questions about absentee voting by citizens overseas. How to complete the Federal Post Card Application (FPCA) form is detailed for each State in Chapter 3 of the Voting Assistance Guide. Each State section in the Guide also contains the addresses of where to mail the FPCA and the deadlines for receipt of applications and absentee ballots. The best way to provide accurate procedural assistance is to show the potential voter the applicable State pages in the Guide and let the potential voter follow the instructions. The person providing the assistance may then check the application to see if it was completed properly or answer any questions the applicant may have.
When a person is asked to provide assistance to a potential voter for completion of the FWAB, it should be noted that this is an official absentee ballot as distinguished from the FPCA which is an application for registration and an absentee ballot. The potential voter should always be allowed to mark the ballot in private and place it in the security envelope and seal it without any assistance. Persons may provide assistance in completing the information required on the transmittal envelope for the FWAB.
Occasionally the official overseas organizations of the major political parties, Democrats Abroad and Republicans Abroad, will conduct voter registration drives in overseas areas. While these activities may be sponsored by partisan groups, they generally will assist any potential voter regardless of party preference. When these organizations sponsor voter registration drives, they should be clearly identified as being sponsored by the appropriate organization so that potential voters know who is providing the assistance. Frequently, both political parties will conduct or co-sponsor voter registration drives. Potential voters should be made aware of the fact that even if assistance or advice is provided by a partisan organization for registration, the potential voter always has complete control and secrecy in casting or marking the ballot.
Persons overseas should first contact the Consular Section of the nearest U.S. embassy or consulate for assistance. If that is not feasible, then they should contact organizations of American citizens who may have access to a Voting Assistance Guide and can provide a listing of toll free telephone numbers to call the FVAP from many foreign countries. In some instances they may contact the Voting Assistance Officer at U.S. military installations. However, access to many of the installations may be restricted so this may be a limited option. Persons unable to obtain assistance from any other source may call the Federal Voting Assistance Program on (703) 588-1584 or toll-free from 64 countries using the phone numbers provided in the Voting Assistance Guide. These persons may also e-mail the Federal Voting Assistance Program on vote@fvap.ncr.gov or visit the Program’s Web site at www.fvap.gov.
1. The Uniformed and Overseas Citizens Absentee Voting Act provides for the following:
a. Whoever knowingly deprives or attempts to deprive any person of a right under the Act shall be fined or imprisoned not more than five years, or both.
b. Whoever knowingly gives false information for the purpose of establishing the eligibility of any person to register or vote under the Act or pays or offers to pay, or accepts payment for registering voting under the Act shall be fined or imprisoned not more than five years, or both.
2. The National Voter Registration Act of 1993 provides that a person, including an election official, who in any election for Federal office:
a. Knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for:
(1) Registering to vote, or voting, or attempting to register or vote;
(2) Urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or
(3) Exercising any right under the National Voter Registration Act of 1993; or
b. Knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by:
(1) The procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or
(2) The procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held, shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years or both.
Last updated/reviewed: August 20, 2007