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Laws: Absent Voters’ Ballots And Absentee Voting

The Federal Voting Assistance Program (FVAP) administers the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) on behalf of the Secretary of Defense. The UOCAVA requires that the states and territories allow certain U.S. citizens, as defined below, to register and vote absentee in elections for Federal office. These groups include:

  • Members of the Uniformed Services (including Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine)
  • Commissioned Corps of the Public Health Service
  • Commissioned Corps of the National Oceanic and Atmospheric Administration
  • Eligible family members of the above
  • U.S. citizens employed by the Federal Government residing outside the U.S., and
  • All other private U.S. citizens residing outside the U.S.

The Military and Overseas Voter Empowerment Act (MOVE) modified UOCAVA and other statutes.

ND Century Code 16.1-07-16. Secretary of state to provide information regarding absentee voting for military and overseas voters.

The secretary of state is designated as the official responsible for providing information regarding absentee voting by military and overseas citizens eligible to vote in the state according to section 702 of the Help America Vote Act of 2002 [Pub. L. 107-252; 116 Stat. 1666; 42 U.S.C. 1973ff-1]. The secretary of state shall develop and provide uniform procedures for county auditors to follow when transmitting and receiving applications for absentee ballots to and from military and overseas voters.