7 FAM 1500
Overseas voting program
7 FAM 1510
INTRODUCTION
(CT:CON-840; 08-28-2018)
(Office of Origin: CA/OCS)
7 fAM 1511 SUMMARY
(CT:CON-742; 10-17-2017)
a. The U.S. Department of State is required to work
with the Federal Voting Assistance Program (FVAP) under the Department of
Defense (DoD) to assist millions of military and civilian voters residing
abroad who may be eligible to vote in Federal elections under the Uniformed and
Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. Chapter 203. The
Secretary of Defense has been designated by the President to have primary
responsibility for Federal functions under UOCAVA. The Department of State
assists the Secretary of Defense in carrying out these functions with respect
to U.S. civilians overseas.
b. Role of the Department of Defense: The Department
of Defense plays a vital role in assisting U.S. citizens abroad to exercise
their right to vote through the Federal Voting Assistance Program. DoD is
charged with assisting deployed members of the military and their dependents
with voting, as well as with training and liaising with state and local
election officials and maintaining and producing up to date information on
state voting laws and requirements. Through the Department of Justice, FVAP
ensures that states are compliant with applicable military and overseas voting
laws.
c. Role of the Department of State: The Department of
State is delegated responsibility for providing voting assistance to all
private and official overseas U.S. citizens that do not fall under the
jurisdiction of the Secretary of Defense. DoS Voting Assistance Officers and
staff are charged with providing non-partisan information on how overseas U.S.
citizens can participate in U.S. elections, and assisting overseas U.S.
citizens with the completion and transmission of absentee voting forms and
ballots. Voting Assistance Officers have voting assistance responsibilities
during election and non-election years alike.
d. FVAP.gov: The primary resource for both private
U.S. citizens who wish to vote and Department of State Voting Assistance
Officers is the Federal Voting Assistance Program website www.FVAP.gov. The
website contains an online assistant to help private U.S. citizens complete
voter registration forms, absentee ballot requests, and emergency write-in
ballots, links to state election and voter registration verification websites,
as well as important dates and state specific instructions. For Department of
State Voting Assistance Officers, the website contains the required voting
assistance officer training, downloadable voting forms, downloadable
motivational voting materials for use in Voting Outreach events, contact
information for all state and local election officials, as well as information
on applicable overseas voting laws and FVAP.
e. Voting laws and procedures vary from U.S. state to
U.S. state complicating the role of a voting assistance officer. Whenever
possible, voting assistance officers should consult the current state specific
requirements on FVAP.gov, when that is not available or not practical Voting
Assistance Officers should consult the Voting Assistance Guide (VAG) published
by the Department of Defense (DoD) every two years.
f. Contact the Federal Voting Assistance Program:
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E-mail: vote@fvap.gov
U.S. Toll-free Telephone: 800-438-8683
Commercial: 703-588-1584
FAX: 703-588-0108 FVAP toll free international
telephone/FAX numbers
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7 FAM 1512 AUTHORITIES
(CT:CON-742; 10-17-2017)
a. The legal authority for U.S. citizens abroad to vote
absentee in U.S. elections is found at the Uniformed and Overseas Citizens
Absentee Voting Act (UOCAVA), as amended, 52 U.S.C. 20301 et seq., and in
State election laws.
b. Authority to implement the UOCAVA is found at:
(1) Executive Order 12642 of June 8, 1988, 53 FR 21975
(6/10/88) designating the Secretary of Defense with primary responsibility for
Federal functions under the Act;
(2) DOD Directive (DODD) 1000.4, Federal Voting
Assistance Program; and
c. Authority for consular officers to conduct voting
related activities abroad is derived from Article 5(f) and Article 5(m) of the
Vienna Convention on Consular Relations (VCCR) and similar provisions in
bilateral consular conventions. See Treaties in Force and the CA/OCS Intranet
Treaties feature.
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VCCR Article 5 on consular functions include:
(f) Acting as notary and civil registrar and in
capacities of a similar kind, and performing certain functions of an
administrative nature, provided that there is nothing contrary thereto in the
laws and regulations of the receiving State.
(m) Performing any other functions entrusted to a
consular post by the sending State which are not prohibited by the laws and
regulations of the receiving State or to which no objection is taken by the
receiving State or which are referred to in the international agreements in
force between the sending State and the receiving State.
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7 FAM 1513 Role of the Consular
Officer Regarding Voting Assistance
(CT:CON-742; 10-17-2017)
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Required Voting Assistance Officer (VAO) Actions
1. Global e-mail address:
CA-Voting-Assistance-Officers@state.gov:
CA/OCS/ACS uses this address to provide guidance to all overseas posts. All
voting-related messages are sent to the votepost@state.gov distribution lists
(e.g., voteParis@state.gov, voteDubai@state.gov. Consular officers must
ensure that there is at least one consular officer and one locally employed
staff member on distribution at all times. These votepost@state.gov email distribution groups should be synced
globally and configured to receive emails from both within and outside the
Department. If you are concerned you are not receiving voting guidance
please check the properties of your distribution group in the GAL and confirm
that it's listed as a member of CA-Voting-Assistance-Officers@state.gov. If
you have questions you can direct them to VotingInfo@State.gov.
2. Required VAO training: All officers and LES
providing Voting Assistance are required to complete the online FVAP Voting
Assistance Officer Training once an election cycle (every two years).
3. Voting Action Plans and Voting Measurables
Reports: Leading up to and over the course of an election year, every post
will be tasked with completing a Voting Action Plan and periodic Voting
Measurables Reports, see 7 FAM 1350
for details.
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a. Specific responsibilities for Voting Assistance
Officers (VAO) and voting assistants (VA) may vary by post, but generally you
should:
(1) Educate yourself: Familiarize yourself with
FVAP.gov and how to use FVAP's online Assistant to complete the Federal
Postcard Application (FPCA, and the Federal Write-in Absentee Ballot (FWAB).
Review the Consular Affairs Voting Information on CAWeb, particularly the
Voting FAQs and Voting Toolkit which included Town Hall Talking Points,
Pre-Cleared posts for social media, and examples of Voter Outreach Events.
(2) Start early/prepare a voting action plan: VAOs
have responsibilities year round even in years without elections for federal
office. While Federal Law only requires the Department of State to assist
voters with participating in elections for Federal Office (U.S. Senate, U.S.
House of Representatives, President and Vice President), it is Department of
State policy to assist overseas U.S. citizens with state and local elections,
including special, primary, and run-off elections. This means at any time of
year you may receive requests for voting assistance. To be an effective VAO,
you should have your voting action plan in place a full year in advance of an
election. In off election years you may need to make preparations for
presidential or midterm election years including budgeting funds for election
year outreach events, ordering free motivational materials, providing input on
the FVAP in-person Voting Assistance Workshop calendar, and assisting voters
who wish to participate in State, local, and special elections.
(3) Develop a Voting Assistance network: Identify
large populations of potential voters, large employers of U.S. citizens,
colleges and universities hosting study abroad programs, religious
organizations and institutions, parents groups associate with the English
language school, private U.S. citizens groups and U.S. political parties. Try
to identify a point of contact at every organization and stay in touch. Also ensure that everyone at post knows who you are;
the ambassador, the pouch room, public diplomacy section, security guards,
receptionists, and other locally employed staff (LE staff) so they can refer
inquiries to you:
(a) Identify and train voting volunteers in the private
U.S. community who can help you disseminate voting information. Provide them
with VAGs, motivational posters, calendars and Federal Post Card Applications
(FPCAs) (see 7
FAM 1520); and
(b) Recruit volunteers from the U.S. citizen community
to help with your voting events. Develop and implement an outreach program to
educate potential voters; the official U.S. Government community, corporations,
Peace Corps volunteers, overseas schools, study overseas programs,
nongovernmental organizations (NGOs), and other groups comprised solely or in
part of U.S. citizens. (See 7 FAM 070); and
(4) Disseminate information: Alert U.S. citizens of
deadlines for registration and mailing in their ballots. Assist them in
understanding their voting rights and how to vote absentee under UOCAVA:
(a) Provide accurate, nonpartisan voting information and
assistance to potential voters. Your understanding of the registration and
absentee voting procedures and your ability to direct people to online
resources may well determine whether or not your fellow citizens participate in
the electoral process;
(b) Unless messages are pre-cleared by the voting action
officer in Washington use MASCOT Messages for U.S. citizens sparingly to avoid
message fatigue;
(c) Disseminate information via your post's Twitter and
Facebook pages. Pre-cleared social media posts are available in the Voting
Toolkit on CAWeb.
(d) Create and maintain a voting section on your posts website
and ensure that the information is up to date;
(e) Include voting outreach in your posts annual
budget; and
(f) Keep a record of your voting assistance efforts.
The statistics will be extremely useful when preparing your post-election
report and consular package.
(5) Ensure that all officer and LE staff have
completed the online FVAP Voting Assistance Officer Training once an election
cycle (every two years).
b. Voting assistants (VAs): Voting assistants are
usually LE staff, consular associates, and consular assistants who help the
voting assistance officer run an effective voting assistance program in the
consular district. As a voting assistant, under the guidance of the VAO, you
should:
(1) Complete the online FVAP Voting Assistance Officer
Training once an election cycle (every two years).
(2) Familiarize yourself with the Voting Assistance
Guide:
(a) Refer procedural issues or questions not covered on
FVAP.gov to the Voting Action Officer VotingInfo@state.gov;
(b) Direct legal questions about voting activities to
CA/OCS/L (Ask-OCS-L@state.gov). As appropriate, CA/OCS/L will confer with the
Office of the Legal Adviser and Federal and State authorities. Legal questions
about voting include but are not limited to ethics questions about voting
activities abroad involving post personnel or facilities.
(c) If you have questions about actions by state or
local election officials in the U.S. you can direct your inquiry to the Voting
Action Officer (VotingInfo@state.gov) or the Federal Voting Assistance Program
directly by emailing Vote@FVAP.gov.
(3) Assist U.S. citizens living abroad in the voting
process and voting absentee under UOCAVA:
(a) Direct them to FVAP.gov to complete required forms;
and
(b) Alert them to the deadlines for registration and
mailing ballots for their state;
(c) If voters come into the consular section and request
assistance in registering to vote, direct them to computers in the waiting area
where they can complete the forms for free. If computers are not available in
the waiting area but you have an English language library or other facility
where voters can access the internet for free, refer them there. If you do not
have an option where voters can complete and print voting forms for free,
either assist them completing the forms through the window or print a copy of
the forms with a copy of their state's specific instructions. Never turn
someone away from the consular section during public hours without providing
them an option to complete the voting forms on their first visit.
(4) Maintain a paper or electronic list of your voting
network, voting volunteers and contacts in the U.S. citizen community and a
record of U.S. citizen community outreach efforts;
(5) Monitor posts voting supplies; order all supplies
as necessary, see 7
FAM 1520;
(6) Disseminate information about state and national
primary and general elections to your voting network to amplify your message;
(7) Post State and national primary and general
election notices in the American Citizen Services (ACS) waiting room area.
Include your section telephone number, e-mail address, hours open to the
public, and any outreach activities scheduled;
(8) Include upcoming election information in your
monthly consular newsletter if your section sends one out.
7 FAM 1514 Role of CA/OCS/ACS
(CT:CON-840; 08-28-2018)
a. The Chief Voting Action Officer in the Office of
American Citizens Services (CA/OCS/ACS) oversees the Departments Voting
Assistance Program (VAP) and provides guidance and disseminates information to
posts regarding absentee voting by U.S. citizens living abroad. The Chief
Voting Action Officer serves as liaison with the Federal Voting Assistance
Program (FVAP) headquarters at the Department of Defense.
b. The role of the Chief Voting Action Officer is to:
(1) Serve as a liaison between the Federal Voting
Assistance Program and consular voting assistance officers;
(2) Provide guidance to VAOs and VAs in understanding
their roles and responsibilities;
(3) Help posts develop voting action plans;
(4) Advise posts of general voting laws and/or
criteria and subsequent changes;
(5) Provide accurate nonpartisan voting information
for posts to disseminate to U.S. citizens living abroad;
(6) Send out periodic announcements for dissemination
through Citizen Liaison Volunteers and
other networks about upcoming elections, changes in State procedures for
registration and submission of registration forms and ballots;
(7) Advise posts about voting reporting requirements;
(8) Provide guidance to Voting Assistance Officers and
voting assistants on ordering forms and obtaining supplies;
(9) Coordinate with FVAP for the delivery of voting
materials each election cycle; and
(10) Inform and remind posts about outreach programs.
7 FAM 1515 Role of CA/OCS/L
(CT:CON-742; 10-17-2017)
The Office of Legal Affairs (CA/OCS/L) is the Departments
liaison with other Federal, State and local agencies regarding legal and policy
issues concerning absentee voting abroad and the enforcement of applicable
laws. Send legal questions on voting issues to CA/OCS/L by e-mail
(Ask-OCS-L@state.gov).
7 FAM 1516 through 1519 UNASSIGNED