All posts tagged overseas vote

Courts back Military & Overseas Voters

Federal Voting Assistance Program- News Release # 17 October 19, 2009

Courts back Military & Overseas Voters

U.S. District Court Opinion in Favor of Counting Late Absentee Virginia Ballots for the 2008 General Election!

October 19, 2009 – Arlington, VA

A federal district court in Richmond, Va. ruled yesterday that Virginia violated the voting rights of American military personnel and other overseas citizens by failing to mail absentee ballots in sufficient time for them to be counted in the Nov. 4, 2008, general election.

Ruling in a 2008 lawsuit by the Justice Department, U.S. District Court Judge Richard L. Williams declared that Virginia’s failure to mail more than 2,000 absentee ballots at least 30 days prior to the election violated the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), a federal law that guarantees military personnel and other citizens living abroad the right to vote by absentee ballot in federal elections.  The Department of Justice press release can be found at http://www.usdoj.gov/opa/pr/2009/October/09-crt-1114.html.

The Federal Voting Assistance Program (FVAP) is pleased with the decision of the U.S. District Court for the Eastern District of Virginia to count absentee ballots received by certain Virginia counties for the November 4, 2008 general election.

The decision reaffirms the importance of every vote, and upholds the confidence of our military and overseas citizens who participate in the electoral process.

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If you’d like more information about this topic, or to schedule an interview with Director Bob Carey, please call Maj April Cunningham with DoD Public Affairs at 703-697-5131 or email Maj Cunningham at april.cunningham@osd.mil.  If you’d like more information on the DoD Federal Voting Assistance Program or need help with the absentee voting process please contact the FVAP at 703-588-1584 (toll free 1-800-438-VOTE) or email the program at VOTE@FVAP.NCR.GOV.

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California Special Primary

California to Hold a Special Primary Election on September 1, 2009, for Candidates for Representative in Congress from the 10th District

On Tuesday, September 1, 2009, there will be a special primary election in the 10th Congressional District of California to determine the political parties’ candidates to appear on the ballot for a special general election to be held on Tuesday, November 3, 2009, to fill the seat vacated by Representative Ellen O. Tauscher. If one candidate receives a majority of the votes (50% + 1) in the special primary election, no special general election will be held. To determine if your legal residence is in the 10th Congressional District, click on http://www.fvap.gov/reference/electoff.html and then on “United States House of Representatives.”

Voting Assistance Officers (VAOs) should contact those citizens who are California voters and inform them of this news release and assist them in requesting and returning their absentee ballot.

DEADLINES:

For September 1, 2009 Primary-

Absentee Voter Registration: August 17, 2009

Ballot Request for Registered Voters: August 25, 2009

Ballot Return: September 1, 2009

For November 3, 2009 General-

Absentee Voter Registration: October 19, 2009

Ballot Request for Registered Voter: October 27, 2009

Ballot Return: November 3, 2009

REGISTERING TO VOTE AND REQUESTING A BALLOT:

All members of the U.S. Uniformed Services, their family members and citizens residing outside the U.S. who are California residents within the 10th District must request a ballot for this special election by completing and submitting a registration and ballot request, Federal Post Card Application (FPCA), SF-76, by August 17, 2009, if they have not done so already in calendar year 2009. The online version of the FPCA is available from the FVAP at www.fvap.gov. The FPCA may be submitted by fax or email in addition to regular mail. County Election Office information is available at http://www.sos.ca.gov/elections/elections_d.htm.

Your county elections official must receive the request for an absentee ballot not later than Tuesday, August 25, 2009.

Voters who are California residents within the 10th District, who requested and received a ballot for the Federal General Election on November 4, 2008, will automatically receive a special election ballot, and need not take any further action unless their mailing address has changed.

California law allows members of the U.S. Uniformed Services and their family members to send the FPCA for registration and ballot request by fax. After faxing, submit the original FPCA by mail. The faxed FPCA must include a Transmittal Cover Sheet, which may be found at www.fvap.gov/resources/media/coversheet.pdf. If you are unable to get normal mail delivery, use the California State Special Absentee Voter Ballot. It is available up to 60 days before the election to any voter unable to vote in the regular absentee voting process due to military or other contingencies. To request it, write: “I cannot vote an absentee ballot during the normal absentee voting period due to military or other contingencies that preclude normal mail delivery. [Specify reason(s).] I request a special absentee ballot.” Or contact your County Election Office.

You can fax directly to your local elections office. Fax numbers can be found at: http://www.sos.ca.gov/elections/elections_d.htm or by using the following toll-free fax numbers through FVAP for the U.S. and Canada:

1-800-368-8683, (703) 693-5527 or DSN 223-5527 (military). At www.fvap.gov/contact/tollfreefax.html, there is a list of additional toll-free fax numbers from overseas countries.

To ensure delivery by the deadline, MPSA recommends military voters putting your ballot in the mail by August 17, 2009 for OEF/OIF locations and August 22, 2009 for other overseas locations. Overseas citizens should return their ballot as soon as possible to allow adequate transit time.

RETURNING YOUR BALLOT:

California allows overseas Uniformed Service Members and overseas citizens to return ballots by mail or fax. If returning the marked ballot by fax, you must complete and sign the Transmittal Cover Sheet found including the acknowledgment that they are waiving their right to cast their ballots secretly at www.fvap.gov/resources/media/coversheet.pdf. Your ballot will be counted if it is returned by close of polls (8:00 p.m. PST) on September 1, 2009.

ADDITIONAL INFORMATION:

State specific information on your precinct, candidates, elections, and voting is available at the California Secretary of State’s website at: www.sos.ca.gov/elections/elections_mov.htm.

The FVAP can be contacted via 1-800-438-8683. Citizens may reach the FVAP toll-free from 67 countries using the toll-free numbers listed on the FVAP website, www.fvap.gov/contact/tollfreephone.html. Questions may be referred to the Director, Federal Voting Assistance Program, Department of Defense, 1155 Defense Pentagon, Washington, DC 20301-1155 or: vote@fvap.ncr.gov. Visit the FVAP website at www.fvap.gov.

Support OVF

It’s an off election year, and the excitement of the 2008 presidential race is behind us, but the important work of ensuring and strengthening our right to vote goes on. Please support the Overseas Vote Foundation in its work on behalf of all Americans abroad.

Absentee voting fix not enough — need comprehenive reform

Absentee voting fix not enough, advocates say – Army News, news from Iraq, – Army Times

A bill to improve overseas voting passed the House Administration Committee, but voting rights advocates say a more comprehensive fix is required.

According to the Army Times, the Military Voting Protection Act, HR 2393 introduced by Rep. Kevin McCarthy (R-CA) would establish an express mail collection system for sending cast ballots back to state election officials. The bill also:

  • establishes a tracking system that would allow service members to find out whether their ballot had been delivered
  • requires the Federal Voting Assistance Program (FVAP) to set a deadline for receiving absentee ballots of noon on the fourth day before federal elections, beginning with the November 2010 elections — if necessary, the deadline could be set earlier
  • makes FVAP officials responsible for collecting ballots and delivering them to the states via express mail
  • requires FVAP to submit a report to Congress after each general election on the effectiveness of the system

Susan Dzieduszycka-Suinat, president of the Overseas Vote Foundation notes that sending the ballot back to the US is the last step in the absentee voting process and that:

The irresistible urge to focus on the last step of the process, the step that is held hostage by all others that precede it, is an unfortunate distraction if it is the only measure taken in the face of other very real remaining challenges. Speeding the return of the voted ballot won’t help much if the voter’s request for the ballot is late and if is/her ballot does not show up in time to be cast.

A comprehensive approach is necessary. Please contact your state’s Congressional delegation and make your voice heard on thios critical issue.

AMOVR: the Alliance for Military and Overseas Voting Rights

AMOVR, formed in the fall of 2008 following the Pew Summit on “Democracy at a Distance”, groups overseas citizens’ advocacy organizations; state, local and federal election officials; and all branches of the military including active and retired service members and their families. The Alliance aims to effect real change in voting procedures for Americans abroad before the 2012 elections and to ensure that absent military and overseas civilian voters enjoy the equal right and ability to vote. You can read more in this press release here on the Overseas Vote Foundation’s website.