Voting From Overseas in the Year 2006

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Voting from Overseas in 2006

To register and receive an absentee ballot you must fill out and mail a FPCA (Federal Post Card Application). A completed FPCA sent anytime after January 2006 will suffice to receive all ballots in this calendar year.

You can get an FPCA in hard copy from your nearest consulate, or fill it out online with help from the Overseas Vote Foundation (OVF)  www.ovf-rava.org  or the Federal Voter Assistance Program (FVAP)  http://www.fvap.gov/pubs/onlinefpca.html) .

 If you wish to vote in your state’s primary elections this year send your FPCA immediately. For a complete list of state primaries by month please go to:  http://www.fvap.gov/pubs/electcalmonth.html.

To be certain of receiving, by post, your ballot for the November 7th election, your completed FPCA should arrive at your local election district office by October 7th. This means posting from overseas by mid-September.

If you miss this deadline, check if your state accepts Faxing the FPCA. See "How, When and Where to send the completed FPCA, below, or get in touch with your FAWCO Rep or special voting volunteer. Now!

October special notice

This is absentee voting month! Requested ballots should arrive by the 3rd week. Complete carefully and return immediately. Consult section below "Ballot Return Envelopes". If you have requested it in a timely fashion and have not received your blank ballot by mid-October, you are entitled to use the back-up Federal Write-in Absentee Ballot (FWAB). See special section below.    

 Page Contents 

 Introduction    
Special Requirements   
How to Complete the FPCA  
How, When and Where to Send the Completed FPCA - Possible Use of Electronic Transmission of Election Materials (Faxing or Email)    
Returning your Ballot    
Federal Write-in Absentee Ballot (FWAB)    
WebsitesOffering Information on Candidates and Voting  
Frequently Asked Questions


 Introduction

The General Election will take place November 7, 2006, when the entire House of Representatives and one third of the Senate will be elected. Senate seats will be contested in the following 33 states: Arizona, California, Connecticut, Delaware, Florida, Hawaii, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

The Uniformed and Overseas Citizens Absentee Voting Act gives a U.S. overseas citizen - who is at least 18 years of age on the day of the election - the right to register and/or request a ballot using their last residence in the U.S. before departing to live abroad. It further assures each citizen that the act of voting for a candidate for federal office only will not jeopardize his or her tax status. ("Federal office" includes President, V.P., Senate and House.)

All states are also obliged to accept a Federal Post Card Application (FPCA) to register and/or request a ballot from overseas. A single application will suffice to vote in all elections in one calendar year. Because the organization of elections is constitutionally a state's right, each state has its own procedures. And these procedures change, thanks to the continuing work of the Federal Voting Assistance Program (FVAP) - and FAWCO - to achieve universally user-friendly state requirements. Every two years, FVAP publishes a large VOTING ASSISTANCE GUIDE (VAG). It contains instructions for all states and territories in Chapter III. Voters must have access to the instructions for their state, and a copy of the FPCA. Volunteers in FAWCO clubs are available to help with this process.

The FVAP web site (www.fvap.gov) offers a range of assistance and information, including an on-line version of the FPCA, state instructions and contact information, such as an email address () and a list of toll-free numbers from each country  (www.fvap.gov/services/tollfree.html) .  In addition, FAWCO’s new partner, the nonpartisan Overseas Vote Foundation (OVF), offers a safe, secure online registration wizard (www.ovf-rava.org), a directory of local election officials ( www.ovf-eod.org) and a voter help desk (www.ovf-vhd.org) – plus other resources.

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Special Requirements

One state persists in requiring notarization of the FPCA: Michigan. Two others require notarization in specific circumstances:
        • Minnesota - if a passport number is not provided
        • Vermont - if applicant has never before registered in this state and taken the "Voter's Oath"

U.S. citizen children living abroad who have never had a residence in the U.S., when they reach age 18, may register and vote using the voting address of their U.S. citizen parent in the following 16 states: Arizona, Delaware, Georgia, Hawaii, Iowa, Massachusetts, Michigan, Nebraska, New York, North Dakota, Oklahoma, Oregon, Rhode Island, Tennessee, West Virginia, and Wisconsin.

To date, the other states have no legislation specifically permitting this, but often accept the same procedure. Virginia does not.


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How To Complete The FPCA (SF,76, revised 2005 Version)

Most states require the following information about you:
    * the complete address of your last residence in the U.S., including the county (counties can be found at www.fvap.gov/links/county.html - ZIP codes at www.usps.com)
    * your Social Security number (or the last four digits) - for all states except AR, MA, MN, NM  & ND
    * your passport number - for all states except  AR, GA, KS, MA, NM, ND, OK & TN

If possible, use the new (2005) FPCA; it’s simpler, easier to fill out correctly and more secure. You should be able to get it from your nearest consulate, or online from OVF (www.ovf-rava.org) and FVAP (www.fvap.gov/pubs/onlinefpca.html). Instructions for using the older version of the FPCA Standard Form 76 (Revised 10-95) are given later in this section.

WRITE LEGIBLY! -- If the authorities can't read the FPCA, they won't send you a ballot.

Consult instructions in Chapter Three of the Voting Assistance Guide for the state in which you will be voting (www.fvap.gov/pubs/vag/vagchapter3.html), or let RAVA (www.ovf-rava.org) prompt you through them.

Note specifically
Where to send it, end of Section IV. (Titles for the registrar may differ in some locations.)
Sample Federal Post Card Application form, reproduced at the beginning of each state's section. On your own FPCA, fill in the information indicated by the shaded areas, following the instructions written below and cross-referenced with circled letters. You do not have to give any more information than that indicated by the shaded areas.

In addition, note the following:

    * Item 1: check box (c) A U.S. Citizen residing outside the U.S. Indefinitely this is so you only receive a Federal ballot to maintain tax status. If you still own property and pay local taxes you might check box (b) so you can vote on all local and state issues.
    * Item 2: If you have one, you may want to write yor email address here. Many election districts now use it to communicate with voters, and some states send and accept ballots by email.
    * Item 4: This is the address to which your ballot is to be sent. You must put your current address in section a. and if you use mail forwarding or a different postal address put that in section b.  We suggest you precede your postal code by the country letter code. Also please note item c. I prefer to receive my absentee Ballot….. Only as permitted by State. Check the individual state regulations in Chapter 3.
    * Item 5: You must indicate your political preference only if you wish to vote in Primary elections.
    * Item 6: Use this section to give more information
    * Item 7:  Be sure to sign! (in front of the notary/witness if your state requires this)
      Instructions for SF 76 (Revised 10-95)

    The old FPCA (from 1995) is organized a little differently than the new one, but is still valid. If you are given an old FPCA, fill in the required information, even though it goes in slightly different places.

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How, When and Where to Send the Completed FPCA - Possible Use of Electronic Transmission of Election Materials (Faxing)


Send the completed FPCA to your Local Election District by post. The address can be found under your state, in the Voting Assistance Guide (VAG), Chapter III and online from FVAP and OVF.

If mailing from outside the USA, please be sure to put “USA” under the local election official’s mailing address. If mailed via a U.S. postal facility, no stamps are required. Otherwise, affix proper local postage.

Even if you transmit your completed FPCA by fax or email, you must also send a hard copy to your local election district by post, even if it will not arrive on time.
The FPCA must arrive at least 30 days before election day; 45 days is preferable. If you are running short of time, certain states accept the faxing or emailing of some or all of the materials that must be transmitted between electors and their election district in order to vote. To determine what your state permits, either consult your state's instructions in the VAG, or check out the "Chart of State and Territory Policies Concerning Electronic Transmission of Election Materials" under "Voting Assistance Information" on the FVAP website (www.fvap.gov/vao/etschart.html). OVF’s RAVA (www.ovf-rava.org) will tell you if faxing or email is permitted.
General instructions, a sample transmission sheet - to be photocopied and used for faxing - and toll-free fax numbers can be found in Appendix C and inside the back cover of the Voting Assistance Guide as well as at (www.fvap.gov/services/faxing.html).

States Permitting the Faxing of the Completed Ballot

The following 18 states permit - some with special restrictions or exceptions - the electronic transmission of the completed ballots of overseas citizens:

Alaska - Arizona - California – Colorado - Florida - Hawaii – Indiana - Kansas - Louisiana - Mississippi -
Montana - New Jersey - New Mexico - North Carolina - North Dakota -
Oklahoma - Rhode Island - South Carolina - Utah - Washington

Note that you forfeit your right to a secret vote. Also, you must consult the special instructions from your state and follow accepted Faxing procedures.

Consult a voting assistance volunteer, or use the following  FVAP links

    for state instructions (www.fvap.gov/pubs/vag/vagchapter3.html)
    for faxing instructions and transmittal sheet (www.fvap.gov/services/faxing.html)
    for toll-free fax numbers from certain countries (www.fvap.gov/services/tollfree.htm)
    You can also consult the OVF help desk (www.ovf-vhd.org).

You must return your hard-copy ballot by airmail, even if it will not arrive on time.

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Returning Your Ballot


As soon as you receive your blank ballot, complete it (carefully) and post it. Be sure to follow all instructions, and get witnesses/notarization where required. It is a good idea to have it hand-stamped, especially for those states that accept late returns.
And affix the correct postage!

States requiring witnesses to your signature;

Alabama (2)

Alaska (1)

Louisiana (2)

N.Carolina (2)

S.Carolina (1)

Virginia (1)

Wisconsin  (1)
  

States requiring the notarization of your signature:     MICHIGAN
    (and Minnesota and Vermont under certain circumstances (see Special Requirements above).

Deadlines for Receipt of Voted Ballots
Most states plan to count absentee ballot if they are received by election day. Exceptions are:
States requiring voted ballots before election day:
Alabama    

5 pm day before election day

Indiana
   

recommends Saturday before (but possible later)

Mississippi
   

5 pm day before election day

N.Carolina
   

5 pm day before election day

Pennsylvania
   

5 pm Friday before election day

States extending date for receipt of voted ballots until after election day, providing posted on or before that date:
Alaska    

15 days

Arkansas
   

10 days

District of Columbia
   

10 days

Florida
   

10 days

Georgia
   

3 days

Illinois
   

14 days

Iowa
   

Noon on Monday after election

Maryland
   

10 am 2nd Fri. after election

Massachusetts
   

10 days

New York
   

13 days after if postmarked by day before

N.Dakota
   

3-6 days after

Ohio
   

10 days

Texas
   

5 days

Utah
   

Noon of day 7 (official canvasses begin);
postmarked day before election

Washington
   

21 days

W.Virginia
   

5 days

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Federal Write-in Absentee Ballot (FWAB)

If you requested your ballot in a timely fashion (i.e., request received by your local election district by October 4th) and you haven't yet received your ballot by mid-Octoberuse a FWAB! Copies are available from your voting volunteer at the club, any U.S. consulate and FVAP (www.fvap.gov/pubs/onlinefwab.html).

Instructions for completing and posting are included, but much is like the FPCA, so you need to consult either a voting volunteer, or get advice from FAWCO or FVAP. You can fill in either the names of the candidates you want to vote for or a political party. See section on Websites below to find out the names of the candidates from your election district.

If you receive your proper state ballot after sending in the FWAB, complete the ballot and send it in immediately. If it arrives in time, it will be counted, not the FWAB. States may be obliged by law to extend their deadline if they did not get their ballots out on time.

If you receive your blank ballot by email or fax, an envelope from a FWAB to return it.

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Websites -- A selection of websites Offering Information on Candidates and Voting issues

Information from political parties for American citizens overseas

    Democrats Abroad (www.democratsabroad.org)
    Republicans Abroad (www.republicansabroad.org)
    Democratic National Committee (www.democrats.org)
    Republican National Committee (www.rnc.org)

Non-partisan information on candidates

    League of Women Voters (http://www.lwv.org/AM/Template.cfm?Section=Candidate_Information_Voter_Guides&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=60&ContentID=4427)
    Project Vote Smart (http://www.vote-smart.org/index.htm)


Information on voting

    FVAP (www.fvap.gov) offers all of the information needed on the procedures for voting from overseas, information on accessing, by toll-free phone, their automated Voting Information Center, as well as other links.
    OVF (http://www.overseasvotefoundation.org) nonpartisan, secure, and easy-to-use voter registration wizard (www.ovf-rava.org), and supporting services including a Voter Help Desk (http://www.ovf-vhd.org) and Election Official Directory (http://www.ovf-eod.org) with complete, online database of 6,427 US Local Election Officials (LEOs)
    The National Association of Secretaries of State is about to launch a site called Can I Vote? (www.canivote.org), with the most complete listing of Voter Registration checks available. It goes down to the county level; some counties have these, too.

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Frequently Asked Questions

Based on information from FVAP (www.fvap.gov) and OVF (http://www.overseasvotefoundation.org)

   1. How do I apply for an absentee ballot? Do I need to have the application (FPCA) notarized?

      U.S. consulates provide assistance, information and hard-copy application forms (Federal Post card Application). The same assistance is also available, usually, through your local American women's group. No need to go to the Consulate unless your state requires notarization. Very few states still do (see section on Speical Requirements above); but if needed it can be done at no expense at a U.S. Consulate.
      The information requested on the FPCA varies by state. Before completing your application, it is essential to consult the section for your state in Chapter III of the Voting Assistance Guide (www.fvap.gov/pubs/vag/vagchapter3.html). The address for your local election district is in the same section.

      You can fill out the FPCA online with help from the Overseas Vote Foundation (OVF) (www.ovf-rava.org) or the Federal Voter Assistance Program (FVAP) (http://www.fvap.gov/pubs/onlinefpca.html).

   2. What information do I need to fill in the FPCA?

      This varies from one state to the next. In general, you need to have the following information ready: your passport, U.S. driver's license and Social Security numbers, and the exact address of your voting residence (including the zip code and county). If you don't know your county, you can find it on www.fvap.gov/links/county.html; if you are using the OVF wizard (www.ovf-rava.org), the address will call up the other information needed.

   3. Who can Vote Absentee?

      The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) provides that any U.S. citizen who will be over 18 and overseas at the time of U.S. elections has the right to vote absentee. "Overseas citizens" (U.S. citizen residing outside the US) can vote for Federal offices (President, VP, US Congress and Federal primaries). "Uniformed services" (citizens who are members of the military and their families) can vote in Federal, state and local elections.

   4. I'm a U.S. citizen but have never lived in the United States. Can I still vote?

      Children of citizens residing overseas who are U.S. citizens and who have never resided in the U.S. may, if the state allows, claim their U.S. citizen parent/s' voting residence as their own. (See Section 3.) In other words, use your parents' US address - or the address they use as their voting residence. Seventeen states have passed legislation accepting this practice: AZ, DE, GA, HI, IO, MA, MI, MT,NB, ND,  NY, OK, OR, Rl, TN, WV and WI. The others usually accept it.

   5. I don't have a U.S. address anymore, can I still vote?

      Your "legal state of residence" for voting purposes is the state where you last resided immediately before your departure from the U.S. This right extends to overseas citizens even though they may no longer own property or have other ties to their last state of residence and their intent to return to that state may be uncertain.
      When you first arrive overseas, you should register using your last address in the U.S. and use that same voting residence the whole time you reside overseas. This means your vote will always be counted in the same electoral district. It doesn't matter if you no longer have any real connection to that address.
      (See: www.fvap.gov/laws/laws.html #2)

   6. Will I be liable for U.S. taxes if I vote?

      Keep in mind that exercising your right to vote in elections for Federal offices only does not affect the determination of residence or domicile for purposes of any tax imposed under Federal, state or local law. Voting in an election for Federal office only may not be used as the sole basis to determine residency for the purposes of imposing state and local taxes. If you claim a particular state as your residence and have other ties with that state in addition to voting then you may be liable for state and local taxation, depending upon that particular state law.

   7. I'm already registered to vote. Do I have to do anything else?

      As an overseas voter, even if you're registered, you still should submit a completed FPCA at the beginning of each election year. The same Federal PostCard Application form ("FPCA") is used for both registration and request for ballots. The only difference is that some states may have slightly different timetables or identification criteria depending on whether you're registering or just applying for an absentee ballot. Some electoral districts have also begun to automatically send FPCAs to people who applied during the last election, but this is rare.

   8. If I register in early 2006 for a primary, will I have to submit another FPCA for the November elections?

      In all states and territories, one FPCA will secure for the applicant both primary and general election ballots for Federal offices for an entire calendar year. The Help America Vote Act of October 2002 has extended the effective period of an application to register from overseas (using the FPCA) through two regularly scheduled general elections for Federal office. However, due to the transient nature of many UOCAVA citizens, the FVAP continues to recommend that each citizen submit an FPCA to their state of legal residence in January of each election year and again each time there is a change in the citizen's mailing address.
      Your local election district must receive a request for a ballot at least 30 days before the day of the election. If you are running late, it is possible that your state allows the transmission of the FPCA by FAX; check this out in the Voting Assistance Guide.

   9. I have all my U.S. mail forwarded to my company's address in the U.S. Can I have my absentee ballot sent there?

      Yes, indicate it in section 4b. You must still give your current overseas address or APO in section 4a.

  10. I have more questions. Who can answer them for me?

      You can contact the FAWCo Voting from Overseas Committee chair (contact us), or contact the OVF Voter Help Desk (http://www.ovf-vhd.org) or FVAP(www.fvap.gov).

For more information about FAWCO's role in assisting U.S. overseas citizens to participate in federal elections, visit the Voting from Overseas Committee webpage.

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FAWCO Voting from Overseas Committee
Louise GC
 April 2006



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