Uniformed Military Overseas Citizens Absentee Voting Act (UOCAVA)
November 6, 2012 General Election UOCAVA Information:
- Saturday, September 22, 2012 - UOCAVA ballots must be mailed if an application is on file with Clerk & Recorder
- Tuesday, October 9, 2012 - Voter Registration Deadline
- Tuesday, November 6, 2012 - General Election Day
- Wednesday, November 14, 2012 - Last day for ballots cast by military and overseas electors to be received by the county clerk in order to be counted. (No later than close of business on the 8th day after Election Day. Ballots must have been voted and transmitted by 7:00 p.m. on Election Day)
For questions, please contact the Arapahoe County Clerk & Recorder Office:
- Telephone: 303-795-4511
- Fax: 303-795-4712
- Email: email@example.com
Military personnel may apply for voter registration or request ballots with a Federal Post Card Application (FPCA) which may be obtained from the Unit Voting Officer or the Service or State Department Voting Action Officer. If an FPCA is not available, a FPCA may be downloaded from the internet. Refer to Federal Voting Assistance Program website for further form instructions.
You may also complete the form online at the Overseas Vote Foundation (OVF), then print the form and mail it to us.
UOCAVA citizens are:
- All branches of the uniformed services and their spouses and/or dependents who are absent from the state because of a service member’s active duty.
- Active and reserve components of the Army, Navy, Air Force, Marines, and Coast Guard, active components of the National Guard, as well as the Merchant Marines.
- Commissioned corps of the National Oceanic and Atmospheric Administration and the U.S. Public Health Service.
- U.S. citizens who are living overseas, and whose last residence before leaving the country was in Colorado.
- U.S. citizens who were born outside the U.S. whose parent or legal guardian is eligible to register and vote in Colorado.
UOCAVA electors may request that the FPCA be considered for a specific election by checking the appropriate box or boxes on the application. If you prefer, you may request a ballot for each subsequent election held in the state through the next scheduled General Election. By selecting that box this would allow you to receive ballots for the next ensuing election and each election held in your County during the next General Election without having to reapply for a ballot. Check the appropriate box on the application for facsimile or email ballot available below. Please note that ballots are not forwardable, so if you change addresses within this period, you would need to contact our office to make the appropriate changes to enable yourself to receive your ballot.
If you are an overseas voter or are requesting a ballot for an overseas voter, please use the
Federal Post Card Application. Spouses and dependents are considered to be of the same category of absentee voter as military members and generally should follow the same rules.
U.S. Embassies and Consulates can assist in completing and mailing FPCA forms, ballots, and other election materials. After receiving assistance, it is strongly urged that you as the voter mail your form or ballot to our office instead of going through an Embassy or Consulate.
Deadlines for application for Voter Registration and Submission of Absentee Ballot Applications:
A UOCAVA citizen shall submit an application for voter registration no later than the twenty-ninth day before the election at which the person intends to vote.
In order to vote in a primary election, the UOCAVA citizen must be affiliated with a political party. Unaffiliated UOCAVA voters who wish to participate in a primary election must declare a party in writing prior to ballot issuance. Voters who wish to change their affiliation from one political party to another must complete the change in writing prior to the 29th day before a primary election.
Ballot applications returned by the UOCAVA elector by facsimile or email requesting a ballot by facsimile or email shall be received in the Clerk and Recorder’s office of the county in which the voter resides or the Secretary of State’s office no later than the close of business on the Friday immediately preceding the election.
Ballot applications requesting a ballot be mailed shall be submitted no later than the Tuesday immediately preceding the election.
If the voter registration application or ballot request for a UOCAVA citizen is rejected, the citizen will be notified of the reason.
Vote by Fax or Email:
Any UOCAVA elector may apply for and vote a ballot by facsimile or email in the State of Colorado. Please note that by voting in this manner, the UOCAVA elector voluntarily waives his/her right to a secret ballot.
Federal Write-In Ballot Information:
Any UOCAVA elector located overseas is entitled to vote for all offices and ballot measures he/she is eligible to vote for by a federal write-in absentee ballot. The eligible elector may designate the candidate by writing in the name of the candidate or by writing in the name of a political party or political organization, in which case the ballot shall be counted for the candidate of that political party or political organization. If an application for a ballot has been received and processed by the county clerk and recorder but a federal write-in ballot is returned, the federal write-in ballot shall be counted. If both a ballot and a federal write-in ballot are returned, the federal write-in absentee ballot shall be deemed void and votes shall be counted from the state ballot only.
Federal and civilian Voting Action Officers can provide UOCAVA electors with a Federal Write-In Ballot. Click here for Voting Action Officer information.
Where is my “legal voting residence”?
For voting purposes, your “legal voting residence” can be the state or territory where you last resided prior to entering military service or the state or territory that you have since claimed as your legal residence. To claim a new legal residence you must have simultaneous physical presence and the intent to return to that location as your primary residence. Military and family members may change their legal residence every time they change permanent duty stations or they may retain their legal residence without change. Family members may have a different legal voting residence from the member. A legal officer should be consulted before legal residence is changed because there are usually other factors that should be considered besides voting. Be sure to enter the complete address of your legal voting residence, including street or rural route and number, when completing the residence section of the FPCA. Even though you may no longer maintain formal ties such as property ownership to that residence, the address is needed to place you in a proper voting district, ward, precinct or parish.
Can I vote in person where I am stationed?
Military members may vote in the state or territory where stationed if they change their legal residence to that state or territory, even if they live on a military installation. Be advised that there are legal obligations that may be incurred, such as taxation, if you change your state or territory of residence. Therefore, consult a legal officer before making such a decision. At the present time, there are no provisions for personnel stationed outside the United States to vote, in person, where stationed.
My family members are not in the military; can they also vote absentee?
The law entitles eligible family members of military personnel to vote. Family members are considered to be in the same category of voter as military members and generally should follow the same procedures. Family members of military personnel residing overseas, who are U.S. citizens and who have never resided in the U.S., usually claim a U.S. citizen parent’s legal state of residence as their own.
Can I receive /return my ballot by email?
Pursuant to the Colorado Election Rule 25.2.1, all UOCAVA electors outside the United States may receive and return an application for a ballot by electronic mail in circumstances where a mail ballot or fax ballot is not available or feasible. To request an electronic mail ballot, please click here.
Additional military election information is available from:
Director of Federal Voting Assistance Program
Office of the Secretary of Defense
Washington Headquarters Services
1155 Defense Pentagon
Washington, DC 20301-115
FVAP Fax (703) 588-0108
If I do not maintain a legal residence in the U.S., what is my “legal state of residence?”
Your “legal state of residence” for voting purposes is the state or territory where you last resided immediately prior to your departure from the United States . This right extends to overseas citizens even though they may not have property or other ties in their last state or territory of residence and their intent to return to that state or territory may be uncertain. When completing the FPCA”s Voting Residence section, be sure to enter the entire mailing address of your last residence, including street or rural route and number. This information is necessary to place you in the proper voting district, ward, precinct or parish. Family members of citizens residing overseas, who are U.S. citizens and who have never resided in the U.S., usually, if the state allows, claim one of their U.S. citizen parent’s legal state or territory of residence as their own. Check Chapter 3 of the Guide.
Will I be taxed by my last state or territory of residence if I vote absentee?
Exercising your right to vote does not affect the determination of residence or domicile for purposes of any tax imposed under Federal, state, or local law. Voting in an election may not be used as the sole basis to determine residency for the purpose of imposing state and local taxes. If you claim a particular state or territory as your residence and have other ties with that state or territory in addition to voting, then you may be liable for state and local taxation, depending upon the laws of that particular state or territory. Consult the Guide or a legal advisor for information on probable tax obligations.
Can I register or vote in person at the embassy or consulate?
At the present time, there are no provisions for in-person voting or on-site registration to be conducted at U.S. embassies or consulates. U.S. embassy and consular officials will assist U.S. citizens in completing FPCA forms for their state, witness or notarize FPCA forms and ballots (if required), and provide other absentee voting information. U.S. embassy and consulate locations serve also as a mailing point. FPCA forms and other election materials may be mailed back, postage paid, to your local voting jurisdiction in the U.S. where absentee registration and ballot requests are processed.