7 FAM 1540
BASIC ABSENTEE VOTING PROCESS
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1541 summary
(CT:CON-742; 10-17-2017)
The consular voting assistance officer needs to be
familiar with the basic absentee ballot voting process. Here is how it works:
(1) The citizen completes and mails the applications
(FPCAs) or state specific registration and or absentee ballot request form
(some states allow previously registered voters to submit forms electronically
via email or fax);
(2) The citizen must make certain that the information
on their documents is completely legible;
(3) The Local Election Officials (LEO) approves the
registration request or requests further information;
(4) The LEO mails the absentee ballot to the voter
abroad; and
(5) The citizen votes and mails absentee ballot to the
LEO in time to meet State deadlines.
7 FAM 1542 Federal Post Card
Application and Absentee Ballot Request (FPCA)
(CT:CON-742; 10-17-2017)
Form SF-76-A, Registration and Absentee Ballot Request -
Federal Post Card Application (FPCA), is a postage-free postcard, printed and
distributed by the Federal Voting Assistance Program (FVAP) for use by absentee
voters covered by the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA). To register and/or vote absentee, an eligible U.S. citizen must
carefully, and accurately, complete an FPCA. This form serves all States and
territories as both a registration form and application for absentee ballots.
Because of varying State and territorial procedures, citizens must refer to the
appropriate section in Chapter III of the current Voting Assistance Guide for
specific guidance on completing the form. Advise voters to note the deadlines
carefully.
7 FAM 1543 Federal Write-In Absentee
Ballot (FWAB)
(CT:CON-742; 10-17-2017)
a. If the voter has not received his or her State
ballot from the State local election office in a timely manner, (usually 3
weeks prior to the ballot receipt deadline) he or she should mail in a Form SF-186,
Federal Write-In Absentee Ballot (FWAB), to the local election official. See
the online version of FWAB, chapter II of the Voting Assistance Guide (VAG),
chapter III of the Voting Assistance Guide for State-by-State requirements, and
FVAP links to State election sites.
b. A limited number of States allow the use of Federal
Write-In Absentee Ballots for elections for other than Federal offices, (see
Chapter III of the VAG, and chapter II of the VAG for voting residency
guidelines).
7 FAM 1544 ONLINE Federal Post Card
Application (OFPCA)
(CT:CON-742; 10-17-2017)
a. To facilitate absentee voting, the Federal Voting
Assistance Program (FVAP) created an online version of the FPCA. All U.S.
States and territories now permit the use of this online version of Form SF-76,
Registration and Absentee Ballot Request - Federal Post Card Application
(FPCA). See the State Absentee Registration and Voting Procedures pages on
FVAP.gov for individual State instructions. When submitting the FPCA by mail,
voters must print out the FPCA, complete and sign it, place it in an envelope,
and affix the proper postage or the postage-paid envelope template.
b. In order to ensure voters receive their absentee
ballots in time to vote and return them by their states deadline, overseas
voters should be encouraged to request electronic delivery of their absentee
ballot and to provide an email address on their FPCAs.
7 FAM 1545 Tax Liability Implications
(CT:CON-742; 10-17-2017)
a. The effect of a voter registering and voting
absentee on his or her State/local tax status is not a clear issue and varies
from State to State. Registering to vote in a new State may cancel the voters
registration at his or her previous residence and may cause him or her to incur
State or local tax liabilities in the new place of registration. Overseas U.S.
citizens should consulate a tax professional, an attorney, or their states
revenue service for questions about state tax implications of voting from
abroad.
b. Under 42 U.S.C. 1973ff-5, a vote for Federal
officials only, i.e., the President, Vice President, a U.S. Senator and a
Member of the House of Representatives, may not affect the determination of the
voters domicile for tax purposes at the Federal, State or local level. This
does not grant immunity from taxation but merely forbids the act of voting in
Federal elections from being considered as evidence of domiciliary intent in
determining tax liability.
c. The applicant should check with legal counsel, the
Internal Revenue Service (IRS) (see 7 FAM 500 Appendix A) and/or the individual
States Department of Taxation if he or she has specific tax-related questions.
7 FAM 1546 Completing a Voted Absentee
Ballot
(CT:CON-742; 10-17-2017)
a. Voters must have registered to vote and requested an
absentee ballot in accordance with the guidelines of their State or territory
of voting residence to vote absentee. See Chapter II of the Voting Assistance
Guide for requirements for States and territories. Urge the voters to note the
deadlines carefully and to complete and submit their ballots accordingly.
b. Local election officials mail absentee ballots at
least 45 days before an election for federal office. If the voter has not
received his or her state ballot three weeks prior to the election, he or she
should request a Form SF-186-A, Federal
Write-In Absentee Ballot, (FWAB) to use to vote for Federal offices. If their
regular absentee ballot arrives later, they should complete it and return it as
well. The FWAB will only be counted if their regular ballot is not received by
their states deadline.
c. Online voting: At this
time, voting over the Internet is not an option for U.S. citizens living
abroad.
7 FAM 1547 Transmission of ELECTION
MATERIALS to local election officials
(CT:CON-742; 10-17-2017)
a. U.S. citizens overseas are permitted to send their
federal election materials back to the United States by a variety of means,
including via the diplomatic pouch, APO/DPO, international mail, and courier
services.
b. Be familiar with your diplomatic pouch and APO/FPO
schedules, international mail requirements, and courier service availability so
you can advise citizens and assist them in meeting their specific State
deadlines for receipt of election materials.
c. If a U.S. overseas voter seeks to use the
diplomatic pouch or APO but it is unlikely a voters ballot or forms will reach
local election officials by their states deadline, you should inform the voter
of the approximate diplomatic pouch/APO/DPO delivery timeline and inform them
of other options to transmit their materials electronically or via courier
service. If the voter still wishes to use pouch/APO/DPO, post must transmit
the materials as requested as long as they are addressed to local election
officials and bear sufficient domestic U.S. postage. Remember, deadlines
may vary by state:
(1) Diplomatic pouch:
Available to both the official and private U.S. community for sending any
election materials to the United States. Voting Assistance Officers should
publicize widely the total transit time (2 to 3 weeks) for mail sent via pouch
to local election officials (see 14 FAM 724.3);
(2) Military Postal Service (APO/FPO
facilities): Any U.S. citizen may use APO/FPO facilities for mailing
election material in all circumstances. Voting Assistance Officers should
publicize widely the total transit time for mail sent via APO/FPO to local
election officials (see 14 FAM 712,
subparagraph (4));
(3) International mail:
Voters must be certain to provide their exact mailing address when using
international mail; voters must consider the reliability of the host-country
mail service and the estimated mail time to the place of voting residency in
the United States. Allow 2 to 6 weeks prior to the deadline for receipt of
ballots;
(4) Courier service: Using a
courier company may be the fastest way for a voter to send a Form SF-76,
Registration and Absentee Ballot Request - Federal Post Card Application
(FPCA), online FPCA (OFPCA), ballot, or Form SF-186, Federal Write-In Absentee
Ballot, (FWAB) to local election officials in the United States. However,
courier company packages do not have an official government postmark. It is up
to local election officials whether to accept the courier company time and date
notations if the State has a postmarking requirement;
(5) Electronic transmission (fax or
e-mail) of FPCAs or OFPCAs: Electronic transmission (fax or e-mail) of
FPCAs and voted ballots or FWABs is permitted if authorized by the state or
territory. Because procedures vary from state to state, U.S. citizens should
consult their states specific instructions on FVAP.gov for details. You
should assist voters who otherwise do not have access to a scanner or fax
machine by faxing or emailing his or her ballot to the local election official
using U.S. embassy or consulate equipment in accordance with the instructions
in the Voting Assistance Guide, as long as it does not unduly interrupt office
operations. Faxes or emails sent to the Federal Voting Assistance Program
(FVAP) Transmission Service must be accompanied by the electronic transmission cover
sheet.
7 FAM 1548 Transmission of ELECTION
MATERIALS to local election officials Via diplomatic Pouch or APO/DPO
7 FAM 1548.1 Requirements for
Submission of Federal Election Materials for Transmission
(CT:CON-742; 10-17-2017)
Per 14 FAM 724.3,
Any U.S. citizen may use Military Postal Service facilities (MPS), Diplomatic
Post Office (DPO), or diplomatic pouch for sending balloting material to the
United States. Posts should strive to ensure ballots and election materials
are transmitted via pouch in a timely fashion. The following requirements
apply to all materials transmitted via diplomatic pouch:
(1) The materials must bear domestic U.S. postage or
be contained in a postage paid envelope. (If a voter attempts to submit forms
or a ballot without postage, post should provide the voter with a postage paid
ballot or registration return envelope available to print on demand via
FVAP.gov)
(2) All materials and ballots must be in a sealed
envelope addressed to the voters local election officials. If the voter does
not know the address, post should locate it in the VAG and provide it to the
voter. If post encounters sealed unaddressed or incorrectly addressed voting
materials, post should attempt to contact the voter to correct it using either
the return address or visitor logs. If post is unable to determine the correct
local election official address for the materials post should contact the
Voting Action Office by emailing VotingInfo@state.gov.
(3) Post should apply a wet date stamp to all voting
materials indicating the date received by post. If possible the date stamp
should include the name of the post.
7 FAM 1548.2 HANDLING AND DROP-OFF
OF ELECTION MATERIALS TO LOCAL ELECTION OFFICIALS VIA DIPLOMATIC POUCH OR
APO/DPO
(CT:CON-742; 10-17-2017)
a. Posts should endeavor to handle voting materials as
little as possible unless specifically requested to provide assistance by the
voter. Posts must take appropriate steps to ensure materials are transmitted
via the next available diplomatic pouch/APO/DPO shipment. Posts must allow and
accept the following types of materials:
(1) Materials sealed prior to arrival at post;
(2) Materials being dropped off by a by a 3rd party
designated by the voter. Even if that 3rd party is dropping off materials for
numerous other voters.
b. Posts may allow the following with the approval of
the RSO (provided the materials meet the requirements specified in 7 FAM 1548.1):
(1) Drop-off containers in the security area.
Containers should preferably be locking and the voter should either be allowed
to place their materials in the container themselves or able to witness the
local guard staff do it;
(2) Materials received at post via host country mail
(post must clearly specify on their website that this is allowed and instruct
voters taking advantage of this option to seal the materials in an inner
envelope that complies with the requirements specified in 7 FAM 1548.1)
7 FAM 1548.3 SCREENING OF ELECTION
MATERIALS TO LOCAL ELECTION OFFICIALS VIA DIPLOMATIC POUCH OR APO/DPO
(CT:CON-742; 10-17-2017)
a. If there are positive indications of hazardous
contents in materials labeled as voting materials, post should follow their
normal hazardous materials procedures, but should immediately notify the voting
action officers via VotingInfo@State.gov and OCS/L via Ask-OCS-L@state.gov.
Posts may conduct any of the following tests or examinations of voting
materials:
(1) Chemically test/swab
(2) X-ray
(3) Dog sniff
(4) Any other routine non-invasive examination of
materials that does not open or otherwise compromise the integrity of the
voting materials.
b. Post should not take any of the following steps
without other previous indications of hazardous contents:
(1) Open envelopes;
(2) Clip corners;
(3) Steam or otherwise render envelopes transparent.
7 FAM 1549 UNASSIGNED