The Voting Section enforces the Uniformed and Overseas Citizens Absentee Voting Act of 1986, which requires that states and territories make sure that active duty members of our uniformed services who are serving away from home, their families, and United States citizens who are residing overseas can register and vote absentee in all elections for federal offices, 52 U.S.C. §§ 20301 to 20311. These voters can use a Federal Post Card Application to register to vote and request an absentee ballot simultaneously from elections officials. They can also use a “back-up” ballot, called the Federal Write-In Absentee Ballot, to vote in federal general elections if they applied for, but have not received, their absentee ballot from elections officials. The Uniformed and Overseas Citizens Absentee Voting Act requires that elections officials transmit absentee ballots to eligible voters 45 days before an election for federal office where they have requested such ballots by that date. The Uniformed and Overseas Citizens Absentee Voting Act also requires election officials to provide eligible voters with an option to request and receive voter registration and absentee ballot applications by electronic transmissions, and to have options for eligible voters to receive blank absentee ballots by electronic transmission.

When a United States Attorney’s Office receives a complaint or other information regarding the possibility of a Uniformed and Overseas Citizens Absentee Voting Act violation, that office should forward the complaint or other information to the Voting Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Voting Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]