By Rachel Wright, Senior Policy Analyst
Days before the 2020 general election, Hurricane Zeta made landfall in the United States, devastating families and communities across the Gulf Coast. Mississippi, in particular, was hit hard, with significant damage to homes, businesses and polling places.
Emergency responders from neighboring states were called to Mississippi to provide aide, some serving for weeks at a time. Long days and frequent relocation made voting in the November election a formidable task. Even for those registered to vote in Mississippi, returning home to vote absentee in-person or on election day was unlikely. Frequent relocation also made it difficult for these individuals to receive an absentee ballot by mail.
Luckily, Mississippi is one of several states with statutory provisions aimed at helping emergency responders vote. Under state law, emergency responders deployed during the period for absentee voting, on election day or during a state of emergency are eligible to vote absentee according to provisions of the Uniformed and Overseas Citizens Absentee Voting Act, also known as UOCAVA.
What is the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)?
Passed by Congress in 1986, UOCAVA requires states allow overseas citizens and uniformed service members and their spouses and dependents to vote absentee in federal elections. Under this law, UOCAVA voters are afforded different voting procedures than regular absentee voters. This includes, but is not limited to:
- Use of the Federal Postcard Application (FPCA); The FPCA allows UOCAVA voters to register to vote and simultaneously request an absentee ballot.
- Use of the Federal Write-In Absentee Ballot (FWAB); The FWAB acts as a back-up ballot for those that applied for but did not receive their regular absentee ballot.
- Electronic ballot transmission; UOCAVA requires election officials to transmit absentee ballots to UOCAVA voters electronically.
In addition to UOCAVA provisions, states often authorize UOCAVA voters to use additional ballot return methods, compared to regular absentee voters. This includes the use of fax, email or online portals for ballot return. These procedures, however, are not governed by federal law; authorized ballot return methods vary significantly by state.
How do UOCAVA provisions apply to emergency responders in Mississippi?
In Mississippi, qualifying to vote under UOCAVA meant that those responding to Hurricane Zeta could receive and return their ballot via email, opening the door for many who would have otherwise been unable to vote. Because emergency responders are considered UOCAVA voters under the state statute, they are also authorized to use the FPCA and FWAB, which can be downloaded from FVAP.gov and returned via email. Table 1 compares the registration and voting process for emergency voters versus traditional absentee voters.
Have other states extended UOCAVA provisions to emergency responders?
Mississippi is not alone in extending UOCAVA provisions to emergency responders. As of August 2025, three states — Maine, New Mexico and Virginia — have also extended certain UOCAVA protections to this group (Table 2). Unlike Mississippi though, these states do not statutorily classify emergency responders as UOCAVA voters but rather authorize these voters to use the systems and voting methods developed for UOCAVA voters.
For example, Virginia Code §24.2-705 states that “the Commissioner of Elections may act administratively to facilitate absentee voting by qualified voters who are emergency workers…. These administrative actions may include central issuance and acceptance of absentee ballots for federal and state elections using the systems and procedures developed for voters who are members of a uniformed service.”
By authorizing emergency responders to use UOCAVA systems and voting procedures, Virginia, Maine and New Mexico allow emergency responders to receive their absentee ballot via email or through an online portal. In Maine and New Mexico, this also means that emergency responders can return their ballots via mail, email or fax.
While statutory language in Maine and Virginia may allow these voters to use the FPCA and FWAB, New Mexico explicitly restricts the use of these forms to UOCAVA voters. More specifically, New Mexico Comp. Stat. §1-6B-9 states that an emergency responder can apply for and return their absentee ballot using UOCAVA voting procedures but they “may not use the federal postcard application or the federal write-in absentee ballot.” As a result, emergency responders must register to vote and request an absentee ballot according to traditional absentee voting procedures.
How have other states helped emergency responders vote?
Extending UOCAVA voting provisions to emergency responders is only one of several tools that states can use to help these individuals vote. As of August 2025, an additional twelve states — Alabama, California, Colorado, Louisiana, Minnesota, Missouri, Nebraska, New Hampshire, New York, Oklahoma, West Virginia and Wyoming — have taken alternative approaches to expand ballot access for emergency responders. While some states have granted broad authority to the secretary of state to facilitate voting by this group, others have focused on addressing the hurdles posed by ballot request deadlines and limited ballot return methods (see Table 3).
For example, Wyoming was the first state to recognize the unique voting barriers experienced by emergency responders and provide broad authority to the secretary of state to address these barriers. More specifically, Wyoming Statute §22-2-121 authorizes the secretary of state to, “issue a directive to the county election officers necessary to ensure voter registration and elector participation when a uniformed services or emergency personnel elector could not otherwise vote.”
In contrast, Oklahoma has taken a more targeted approach by allowing first responders or emergency workers who are called to work in response to an emergency after the absentee ballot request deadline to vote using an emergency absentee ballot. The state also authorizes these individuals to return their ballots via fax, mail or by other means of delivery approved by the Secretary of the State Election Board.
In the wake of a hurricane, fire or other natural disaster, emergency responders are focused on serving communities and families in need. While voting may not be their priority, it shouldn’t be out of their reach. Over the past two decades, states have recognized this and taken steps to make voting more accessible. Whether by extending UOCAVA provisions, granting authority to election officials or addressing specific procedural barriers, these efforts reflect a growing commitment to ensuring that those who serve during emergencies can still participate in the democratic process.