Exercise right to vote when living outside of legal residence

  • Published
  • By 1st Lt. Lisa Spilinek
  • 66th Air Base Wing Public Affairs
HANSCOM AFB, Mass. --  With primary elections and the 2008 general election looming, now is time for military members to ensure they will be able to exercise their right to vote even if they are stationed outside of their legal residence.

The Department of Defense's Federal Voting Assistance program Web site, www.vfap.gov, offers military personnel a wealth of voting information, including state-by-state absentee instructions and deadlines for registering to vote.

The site also provides answers to common voting questions that face many military voters, including:

Can I vote absentee?
All U.S. citizens, 18 or older who are or will be residing outside the United States during an election period are eligible to vote absentee in any election for Federal office. 

All members of the uniformed services, their family members and members of the Merchant Marines and their family members, who are U.S. citizens, may also vote absentee in Federal, state and local elections.

Where is my legal voting residence?
For voting purposes, a "legal voting residence" can be the state or territory where the military member last resided prior to entering military service or the state or territory that people have since claimed as their legal residence. To claim a new legal residence the military member must have simultaneous physical presence and the intent to return to that location as their 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. Be sure to enter the complete address of the legal voting residence, including street or rural route and number, when completing the residence section of the Federal Post Card Application. Even though family members may no longer maintain formal ties such as property ownership to that residence, the address is needed to place their in a proper voting district, ward, precinct or parish.

Can I vote 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. There are legal obligations that may be incurred, such as taxation, if they change their state or territory of residence. Therefore, consult a legal officer before making such a decision. 

There are currently 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 absentee. Family members are considered to be in the same category of absentee 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. may claim one of their U.S. citizen parent's legal state or territory of residence as their own if allowed by the state. For state-specific information, visit www.fvap.gov/pubs/vag.html#ch3.