BASIC ABSENTEE VOTING PROCESS
(CT:CON-1061; 04-04-2025)
(Office of Origin: CA/OCS)
7 FAM 1541 summary
(CT:CON-983; 05-24-2023)
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 Federal Post Card Application (FPCA) 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-983; 05-24-2023)
a. If the voter has not received their State ballot from the State local election office in a timely manner, (usually 3 weeks prior to the ballot receipt deadline) they should mail a completed 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-983; 05-24-2023)
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 State’s deadline, encourage overseas voters 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-983; 05-24-2023)
a. The effect of a voter registering and voting absentee on their 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 voter’s registration at their previous residence and may cause them 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 state’s 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 voter’s 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 State’s Department of Taxation if they have specific tax-related questions.
7 FAM 1546 Completing a Voted Absentee Ballot
(CT:CON-946; 11-07-2022)
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 their State ballot three weeks prior to the election, they 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 state’s 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-1061; 04-04-2025)
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 voter’s ballot or forms will reach local election officials by their state’s 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 mail service of the receiving state 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; and
(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 state’s 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 their 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-983; 05-24-2023)
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 voter’s 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.; and
(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-1061; 04-04-2025)
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; and
(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; and
(2) Materials received at post via receiving state 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-983; 05-24-2023)
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 L/CA. Posts may conduct any of the following tests or examinations of voting materials:
(1) Chemically test/swab;
(2) X-ray;
(3) Dog sniff; and
(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; and
(3) Steam or otherwise render envelopes transparent.
7 FAM 1549 UNASSIGNED