Voting in Presidential Primaries and the General Election Differ for UOCAVA Voters

By Grace Gordon, Research Lead and Project Manager

Introduction

Presidential primaries work in unique and complex ways for overseas voters. Overseas citizens can vote in either their state-specific primary or, in some cases, a primary explicitly for overseas citizens. However, registering to vote in a presidential primary specifically for overseas citizens does not constitute registration for your state’s upcoming elections.

Before the 2024 presidential election, all overseas voters should ensure their state voter registration is up to date. To do this, overseas voters must double-check with their state or local election office ahead of the UOCAVA registration deadline for November’s presidential election. To ensure they receive their ballot in time, these voters should register using the Federal Post Card Application (FPCA) or through the voters’ home state formal process.

Background

In 1986, Congress passed the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). This act permitted “absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office.” All states have designated processes for overseas voters to register to vote and cast a ballot. While the methods differ from state to state, all states accept the Federal Post Card Application as a form of registration for federal elections. For presidential party primaries, there are different methods for overseas voters to register to vote and cast a ballot.

In general elections, known as presidential elections, voters vote in their home state and electors in that state cast their vote for president based on the popular vote. Party primaries differ from the general election in several ways. Instead of electors casting votes based on the election results in each state or territory, delegates cast votes at the party convention. Each party has a different process for selecting delegates. Most delegates for the Democratic convention are chosen based on proportional representation. Whereas the Republican party primary uses a combination of proportional and winner-take-all representation decided by the states. Democrats Abroad is an organization that conducts a Global Presidential Primary for all overseas voters registered with the organization. Democrats Abroad receives several votes at the Democratic National Convention, which are allocated to delegates based on the results of the Global Presidential Primary.

Overseas voters who want to register to vote in the Democratic primary have two paths. They can register directly with Democrats Abroad and have their vote count towards the Democrats Abroad delegate allocation, or they can register directly with their state and put their vote towards their states’ delegates. There is no organization equivalent for registered Republicans, and Republicans living overseas must register with their state to vote in the Republican Party Primary.

All voters must register to vote for the general election in their state regardless of their political party affiliation. Voters registered with Democrats Abroad in the primary must ensure that their state registration is active through the state absentee registration process or use the FPCA to register and cast a ballot.

FPCA and Voter Registration Processes

The FPCA offers a streamlined, easy-to-use voter registration and absentee ballot request form for overseas voters. In some states, the FPCA is accepted as an application to vote for all state and federal contests; in others, it is just a request for federal contests. To access the form, qualified voters can go to https://www.fvap.gov/uploads/FVAP/Forms/fpca.pdf.

Most state election websites offer detailed instructions on registering as a UOCAVA voter. The state or municipal voter registration process may offer another option for voters who prefer to register directly with their state rather than using the FPCA.

The Federal Voting Assistance Program (FVAP) has numerous resources for military and overseas voters seeking to register to vote in either the primaries or the general election. The following resources directly apply to this topic:

How to check your voter registration as an overseas voter

For overseas voters who cast a ballot in the primaries and are unsure if they are registered for the general election, the following steps can be used to check their voter registration in their home state:

  1. Do not rely on third-party groups to confirm voter registration status.
  2. Identify the state or local election office website, phone number or email.
  3. Contact an election official, ideally in the municipality where they are registered to vote. Some states offer a state voter registration lookup tool. In others, the overseas citizen will need to call or send an email to confirm their registration.
  4. Any overseas citizens who are not registered can register to vote in the primary using the FPCA or state/municipal voter registration process. The deadline to register for UOCAVA voters is 30 days before the general election for federal offices but varies for state and municipal elections.

Conclusion

UOCAVA voters face extra hurdles when voting abroad. These include delays in international mail, difficulty accessing printers to print ballots or other election materials and challenges delivering their ballots back to their election office. Many states allow voters to fax their ballots back to the US, though access to fax machines continues to dwindle worldwide.

Election officials do everything they can to ensure UOCAVA voters have equal access to the ballot. Still, if a voter does not register to vote and indicate their international address, election officials cannot send them a ballot. To complicate matters, some overseas voters may vote in primary elections explicitly for overseas voters. Overseas voters who voted in the Democrats Abroad Global Presidential Primary must register to vote for the general election in their state. Registration with Democrats Abroad does not imply registration with a state for the general election. To ensure overseas voters who want to vote in the general election can do so, all overseas voters should double-check their voter registration as soon as possible.

Voter Registration for Americans Abroad: Strategies to Address Common Challenges

By Rachel Wright, Policy Analyst

In 2022, nearly 4.4 million American citizens lived overseas. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) guarantees their right to vote absentee in federal elections, and like voters living stateside, many overseas citizens want to exercise this right. However, whether they are expatriates, students or peace corps volunteers, their path to the ballot box is often fraught with challenges.

For many voters, this path begins with the voter registration process. UOCAVA sets out to provide overseas citizens with a uniform and accessible means of registration by allowing them to use the Federal Postcard Application (FPCA) and the Federal Write-In Absentee Ballot (FWAB). The conditions surrounding registration deadlines, allowed return methods and validity periods, among other things, vary significantly among states.

Election officials often help overseas voters by reducing the challenges they face. The Overseas Voting Initiative (OVI) works closely with state and local election officials to better understand these challenges and share best practices related to overseas voting. Provided below are several common voter registration challenges faced by overseas citizens, along with strategies that working group members have developed to mitigate them.

International Mail System Reliability

Mail system reliability varies across countries and can pose a significant challenge for voters who return their FPCA via mail. The FPCA is a standard form developed by the Federal Voting Assistance Program (FVAP) that allows a UOCAVA voter to simultaneously register to vote and request an absentee ballot. It can be easily downloaded from FVAP’s website or accessed via your state or local election official’s website.

As of August 2024, three states — Alabama, Arkansas and Connecticut — only allow for an FPCA to be returned via mail. Voters in states that allow for electronic return may also default to mailing their FPCA if they are not sure of their state’s requirements. For these voters, utilizing an unreliable mail system may negatively impact the likelihood that their registration materials and ballot request will be received on time and by the proper election authority.

The impact of mail system reliability on the return of voter registration materials such as the FPCA is yet to be quantified. We do, however, know the impact it has on ballot success. A 2016 FVAP study found that overseas citizens in countries with the most reliable postal systems were 65% more likely to have a vote recorded compared to those in countries with the lowest observed levels of postal reliability. This figure, although stark, does not account for the number of voters who may not have received a ballot due to unsuccessful attempts to return their FPCA via mail.

Strategy 1: In states that allow for electronic return, election officials can encourage overseas citizens to return their FPCA electronically and communicate this information to voters via dedicated UOCAVA webpages and social media. Should a voter return their FPCA via email, election officials can use this touchpoint to establish open and consistent lines of communication to update voters on the status of their FPCA, upcoming deadlines and allowed return ballot methods. FVAP has developed an outreach toolkit for the 2024 election that contains email templates for these touchpoints. This toolkit can be accessed here.  

Strategy 2: In states that do not allow FPCAs to be returned electronically, election officials can clearly communicate voter registration deadlines (including postmark deadlines, if applicable) via UOCAVA webpages and social media. They can also encourage voters to return their FPCA as soon as they leave the U.S., regardless of where they are residing overseas. Many overseas citizens live in countries with high postal system reliability; however, the COVID-19 pandemic has shown that mail disruptions can occur anywhere and at any point in time. Returning an FPCA as soon as possible can help mitigate potential negative impacts caused by unforeseen international mail delays.

The FWAB as an Alternative Means of Voter Registration

The FWAB is intended to serve as a backup ballot and alternative means to register to vote if a military or overseas citizen does not receive their absentee ballot in time to meet their state’s deadlines. In select states, overseas citizens are not allowed to use the FWAB if they haven’t already registered to vote. This variation can lead to confusion, especially if these requirements change from year to year.

For example, as of August 2024, 33 states allow UOCAVA voters to use the FWAB to register to vote. Those in the remaining 17 states must be registered to vote and have already requested a state absentee ballot to use the FWAB. This includes overseas citizens from Hawaii and New York who were not subject to this requirement prior to 2024.

Moreover, confusion grows when states have differing requirements based on the type of UOCAVA voter. For example, Wisconsin only allows uniformed service members and their family to use the FWAB to register to vote. Overseas citizens must already be registered to vote to use the FWAB and can only use the FWAB to vote in elections for federal offices. More information about these rules is available in the “2024-25 Voting Assistance Guide.”

Map of U.S. states that allow UOCAVA voters to use the FWAB to register to vote.

Strategy 1: States can prevent confusion among overseas citizens surrounding whether they can use the FWAB to register to vote by instituting uniform requirements for all UOCAVA voters. This would entail allowing military service members, their family and overseas citizens to use the FWAB to vote in all elections for federal state and local offices, including ballot measures, regardless of whether the voter has registered to vote and requested a state ballot prior to using the FWAB. In doing so, states would simplify the voting process for overseas citizens and ensure all UOCAVA voters can utilize the same backup options.

Unintended Impacts of Automatic Voter Registration Systems

In states that utilize an automatic voter registration (AVR) system, UOCAVA voters may knowingly or unknowingly update their voter registration without realizing the unintended impacts it might have on their UOCAVA status. Although many systems allow voters to “opt-out” of automatic registration, many overseas citizens may not understand how automatic registration could impact their UOCAVA status and refrain from opting out.

For example, an overseas citizen may access a government service that uses the information gained throughout this transaction to update their voter registration. If the government agency does not collect information related to the voter’s UOCAVA status, their registration may be updated to indicate that they are a regular absentee voter. As a result, the overseas citizen may unknowingly be stripped of their UOCAVA status.

States and local jurisdictions have encountered similar issues with overseas citizens who renew their driver’s license or state ID online. In these instances, a voter has their new driver’s license or ID mailed to the address of a family member living stateside who then mails the ID to the UOCAVA voter. The DMV then uses the original mailing address provided to update the voter’s registration. In doing so, the voter may be stripped of their UOCAVA status, or, in some cases, registered as a voter in an entirely different jurisdiction.  


Third-Party Organization Involvement in the Voter Registration Process


Third-party organizations may communicate with overseas citizens regarding voter registration, upcoming elections and approaching deadlines. These efforts are made in good faith, but may result in overseas citizens receiving confusing, conflicting or incorrect information.

For example, state and local election officials have seen an increasing number of overseas citizens who have registered to vote in presidential primaries explicitly for overseas citizens through third-party organizations (e.g., the Democrats Abroad presidential primary). Voters believe that voting in this primary constitutes registration for an upcoming presidential election. This, however, is not true.

This trend underscores the need for election officials to conduct effective outreach to overseas citizens and establish open lines of communication so that they receive the most up to date and accurate election information.


Strategy 1: To prevent these scenarios, state election officials can build check points into their AVR system that notifies a UOCAVA voter’s local election official if the system is attempting to update their registration. The voter’s local election official will then investigate (i.e., communicate with the voter) to ensure their registration is updated with the correct information. States such as Oregon have already implemented these control procedures into their AVR system.

Strategy 2: States can also prevent overseas citizens from being unintentionally stripped of their UOCAVA status by allowing an FPCA to remain valid and in effect through the end of the election year regardless of whether the voter is registered via their state’s AVR system in the interim. UOCAVA requires all states to abide by certain provisions related to the FPCA. However, states do have the authority to determine its period of validity. States such as West Virginia have already implemented this measure.

U.S. citizens living abroad face significant barriers when attempting to vote that may prevent them from participating in U.S. elections. For many voters, these barriers arise as early as the voter registration process and persist even after they have returned their ballot. Proactive engagement by election officials, clear and consistent communication with overseas voters, and simplifying the voting process are key to helping every voter exercise their right to vote.

Overseas Citizen Voter Outreach and Strategies for Improvement

Colorado Representative Jeni James-Arndt headshot

While abroad, overseas citizen voters often face significant challenges as they attempt to cast their ballot, including gaining access to timely and accurate election information. Exacerbating this challenge is the difficulty election officials face when seeking to engage with these individuals. Prior to representing Colorado’s 53rd District, Rep. Jeni James Arndt learned first-hand the difficulties of voting abroad. Arndt first registered as a UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) voter in 1990 while serving as a Peace Corps Volunteer in Morocco and later as a postdoctoral student in Denmark. From 2006 – 2008, she worked as an education specialist for the American International School of Mozambique.

Although Arndt was able to successfully cast her ballot abroad, her experiences as an overseas citizen are reflective of the unique challenges long faced by UOCAVA voters. At the forefront of these challenges is voters’ access to timely and accurate election-related information. While abroad, voters have many sources to turn to for this information. However, knowing what these sources are and where to direct questions can present a significant barrier.

As an overseas voter, Arndt was not impervious to this obstacle. While residing in Maputo, Mozambique, the Representative was largely reliant on local election officials and U.S. Embassy staff to receive timely election-related information. Unfortunately, she was never the audience for such outreach. Arndt recalled experiencing more difficulty when attempting to cast her ballot and less confidence in its successful transmission compared to previous voting experiences.

In contrast, the Representative’s voting experience while serving in the Peace Corps was quite different. Throughout her two years of service in Morocco, Arndt frequently received timely election information from her local Peace Corps office. Through this office, she also was able to return her ballot to local election officials. According to Arndt, this outreach, coupled with the simplicity of returning her ballot, greatly facilitated her ability to vote.

Voter Outreach During the 2020 General Election

Although voter outreach efforts conducted by both local election officials and embassies have improved significantly in recent years, Arndt’s experiences still reflect that of many overseas citizens today. While some report having frequent contact with local election officials and embassy staff, others recall having little, if any. The voting experiences of three overseas citizens this fall – Liz Renzagila, Lendee Sanchez and Hannah Touchton – best demonstrate this variation.

According to Liz Renzagila, an American citizen living in Belgium, the U.S. Department of State’s Smart Traveler Enrollment Program acted as the primary means through which she received election-related information this fall. Outreach from her local election officials was limited to receiving confirmation of her voter registration and notification that her completed ballot had been received.

In contrast, the primary source of election-related information for Lendee Sanchez, a U.S. citizen living in Germany, was through Democrats Abroad. Sanchez’s contact with her local election officials and the nearest U.S. Embassy was minimal. She recalled receiving instructions from these officials regarding how to return her completed ballot. However, their communication did not extend beyond this interaction.

After submitting both her absentee ballot application and Federal Post Card Application (FPCA), Hannah Touchton frequently received election information from the U.S. Embassy in Malaysia. According to Touchton, this outreach started in September and included Federal Voting Assistance Program (FVAP) resources pertaining to absentee ballot request, transmittal and return. The Embassy also notified her of FVAP’s virtual voting assistance via Zoom. During these virtual meetings, voting ambassadors were available to answer her questions regarding the absentee voting process and inquiries about FPCA and Federal Write-In Absentee Ballot (FWAB) forms. While abroad, Touchton’s attempts to contact her local election officials were largely unsuccessful.

Strategies for Improvement

Given that U.S. elections are administered at the state and local level, variation in election officials’ outreach and communication with overseas voters is an inevitable facet of elections. Voter registration deadlines, methods of ballot return and timelines for the return of these ballots vary significantly by state. As such, there is no one-size-fits-all approach to communicating with voters. There are, however, practical steps that local election officials can take to enhance communication with their UOCAVA voters.

Solicit additional contact information from UOCAVA voters

Regardless of the jurisdiction, the ability of local election officials to conduct outreach to overseas citizens often is constrained by the availability of complete and up-to-date voter contact information. One way election officials can improve voter outreach is through utilizing voters’ physical addresses on record to solicit additional contact information. For example, election officials can use “mailers” to solicit additional contact information so that further outreach can be conducted via email and phone. In recent years, election officials in Colorado have been able to bolster their outreach efforts through such methods.

Ensure UOCAVA voting information on front-facing websites is clear, comprehensive and user-friendly

Despite best efforts, insufficient contact information may render local election officials unable to reach overseas citizens. In these instances, providing readily accessible voting information and resources on front-facing websites may present the best opportunity for local officials to engage with their overseas citizens. FVAP’s recent research note (Assessing State UOCAVA Web Pages)and The Council of State Governments Overseas Voting Initiative 2016 Report (Overseas Voting: Strategies for Engaging Every Voter) are useful tools for election officials wishing to enhance UOCAVA voting information on their websites.

Establish Partnerships with Organizations Serving Overseas Voters

Although collaboration with FVAP is vital to ensuring overseas voters receive timely and accurate election information, significant opportunity exists for election officials to collaborate with organizations serving overseas voters. Due to their strong ties with expatriate communities, these organizations can act as valuable intermediaries between voters and election officials. Through this collaboration, relevant FVAP resources can be shared and contact information exchanged between voters and election officials so that reliable channels of communication are established.

The Overseas Voting Initiative would like to thank the voters whose stories served as the foundation for this blog. These individuals include Rep. Jeni James Arndt, Morgan Floyd, Liz Renzagila, Maggie Dickman, Hannah Touchton, Alyssa Ayse Jahnigen and Lendee Sanchez.