Military Overseas Voting
Americans can vote, wherever they are!
The Uniformed and Overseas Citizens Absentee Voting Act is commonly referred to as UOCAVA. Citizens protected under UOCAVA are U.S. citizens who are active members of the Uniformed Services, the Merchant Marine, the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration, their eligible family members, and U.S. citizens residing outside the United States. UOCAVA provides the legal basis for absentee voting requirements for these citizens.
Voting Residency
Your voting residence is within your state of legal residence or domicile. It is the address that you consider your permanent home and where you had a physical presence. In order to vote in Florida, you must have or had a physical presence in the state. Legal guidance is below for military, uniformed services personnel and their family members, and US citizens residing overseas.
Legal residence - Military /uniformed services personnel and family members (FVAP/UOCAVA).
In order to claim a specific Florida county as residence, a person:
- Must have or had physical presence in the state and simultaneously have the intent to remain or make the Florida his or her home or domicile.
- May only have one legal residence at a time, but may change residency each time he or she is transferred to a new location.
- Must make a conscious decision to change residency as exemplified by such acts as registering to vote, registering a car, qualifying for in-state tuition, etc.
- May not revert to the previous residence without re-establishing new physical presence and intent to remain or return.
Uniformed service personnel and their family members cannot arbitrarily choose which state to declare as their legal voting residence without first meeting the state's residency requirements.
Marriage to an active duty member does not automatically confer the same legal residence. Florida’s intent and physical presence criteria must still be met independently except as noted below under the Military Spouse Residency Relief Act of 2009 as amended. A minor typically assumes either one of the parent’s legal residence. Therefore, it is possible for members of the same military family to have different legal residences. Once a minor becomes 18, he or she can establish his or her own residency (which can be different from either parent), provided he or she has physical presence and intent to remain or return.
The Military Spouse Residency Relief Act of 2009
The (MSRRA) gave a military spouse the right to retain residency status (for voting or taxation purposes) in the same state as the military member when the couple had to relocate from the state due to military orders. It was presumed that the couple shared the same domicile/legal residency state for voting (and/or taxation) purposes and if not, that the spouse had independently met or would meet the state’s residency requirement. The Veterans’ Benefits and Transition Act of 201810 (see section 303) amended section 705(b) of the MSRRA (50 U.S.C. 4025(b). Effective March 31, 2019 and thereafter, a spouse of an absent stateside or overseas service person who is a resident of another state may claim the service person’s state of voter residency by virtue of the marriage regardless of when they married and without having to establish independently physical presence in the service person’s state of voter residency. For example, if the absent stateside or overseas service person is a resident of Florida and the spouse is a resident of Ohio, then the spouse (regardless of when they married) can now claim Florida voter residency without having to independently establish physical presence.
Legal residence - Overseas Citizens.
An overseas citizen’s residence is the last state in which he or she resided immediately prior to leaving the U.S. This right extends to an overseas citizen even if he or she no longer owns property or has no other ties to the last state of residence and his or her intent to return to that state may be uncertain. In the latter case, such overseas citizen is technically temporarily residing outside the county and could not vote in municipal elections. Where a person registers/votes is a factor used to determine residency under federal, state or local tax laws except when exercising the right to vote solely in elections for federal offices.
Legal residence - U.S. citizen born or living abroad.
A U.S. citizen who is born or living abroad and has never lived in Florida is not permitted to register or vote in Florida under current Florida law.
Keep A Current Address
Please help us maintain your active voter status by notifying the Supervisor of Elections Office with any change to your mailing address. It's important to keep your current address on file so that we may contact you concerning future elections or your request for absentee ballots. It's easiest to contact us by email, or simply call the office at (386) 313-4170.
Register to Vote and Request Your Ballot by Mail
Members of the United States Uniformed Services on active duty and the Merchant Marine, their spouses and dependents of all, and United States citizens residing outside of the United States may register to vote and request an absentee ballot with a Federal Post Card Application (FPCA), which may be obtained from a Voting Assistance Officer (VAO) or through the Federal Voting Assistance Program at www.fvap.gov.
Voting assistance for service members is also available here:
https://www.fvap.gov/florida
The Federal Post Card Application request for an absentee ballot will be effective for all elections through the next regularly scheduled general election. If the FPCA is not available, phone or send a written request by mail, fax or email to:
Flagler County Supervisor of Elections
P.O. Box 901
Bunnell, FL 32110
Phone: 386-313-4170
Fax: 386-313-4171
Use our contact form to send an email.
Anyone registered to vote in Flagler County may use our online form to request an absentee ballot:
Request A Mail Ballot
Overseas military, absent stateside military, and overseas civilians may have an absentee ballot either faxed or e-mailed, in lieu of receiving it by regular mail. Once your absentee ballot is voted, you may either return it by fax or you may mail it to the Supervisor of Elections so that it is received no later than 7:00 p.m. on Election Day. Voted ballots returned by e-mail will NOT be accepted. Carefully follow the instructions sent to you with your absentee ballot to ensure that it is counted. You must be sure to not only sign but also DATE the return absentee ballot envelope.
If an overseas voter's request for an absentee ballot includes an e-mail address, the Supervisor of Elections will inform the voter of the names of candidates who will be on the ballots via electronic transmission. The Supervisor of Elections will e-mail to the voter the list of candidates for the primary and general election not later than 30 days before each election.
Overseas voters have an additional 10 days to return their mail ballot during a Presidential Preference Primary and General Election.
Additional information for military and overseas voters is available from:
Federal Voting Assistance Program
Department of Defense, Washington Headquarters Services
1155 Defense Pentagon
Washington, DC 20301-1155
1-800-438-VOTE (8683)
FVAP Fax (703) 588-0108
Email: vote@fvap.gov
References:
Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA):
https://www.justice.gov/crt/uniformed-and-overseas-citizens-absentee-voting-act
National Voting Rights Act (NVRA):
https://www.fvap.gov/info/laws/nvra
Federal Voting Assistance Program:
https://www.fvap.gov/
Voting Residency:
https://www.fvap.gov/info/laws/voting-residence
Veteran's Wall In The Elections Office
Active and retired members of the armed forces are welcomed to provide a service photo for our Wall of Honor. This display in the lobby of the Elections Office is for all Flagler County citizens and family members who have proudly served. Your photo can be hand-delivered, mailed or emailed to the office.
Learn more:
Veteran's Photo Display Wall of Honor