Home About Us/Contact Early Voting Legislation 2017-8 Overseas Voters Registration 2017 Suppression

 

WEC - Military & overseas voters

WEC - US citizen living overseas

WEC - Voting absentee

WEC - MOVE Act Commpliance

 

Documentation - WI out of compliance:

Letter from FVAP 3/13/17

Request for Legislation

doc file of tables on this page

Relevant WI Statutes:

6.10(1) - residence defined

6.24(1) -  overseas voter defined

 

National Links:

Council of State Gov't Overseas Voting Initiative

Overseas Vote Foundation

Uniform Law Commission

Wikipedia - UOCAVA

Federal Postcard application

WEC - clerk guide to above

Federal Write-in Absentee Ballot

WEC - clerk guide to above

 

 

 

Wisconsin denies voting rights to those who are temporarily overseas.

According to federal law (UOCAVA), overseas voters are eligible to use the federal write-in absentee ballot, have their ballot sent electronically, and must not be subject to extra ID requirements.  

However, Wisconsin law allows only permanent overseas voters to have these rights.  See letter from the US Department of Defense' Federal Voting Assistance Program dated March 13, 2017.

Instead of conforming to federal law, Wisconsin Elections Commission states "*Note: If an individual is temporarily overseas on Election Day, that individual may register and vote like any other elector and is NOT considered an overseas elector.*"

 

Also see page 89 of the WEC Election Administration Manual.

"Note: If an individual is temporarily overseas on Election Day (for example, a student studying abroad), that individual may register and vote like any other absentee elector and is not considered an overseas elector."

 

Permanently Overseas Voters

 

Wis statutes current law

UOCAVA – current law

Desired new legislation

Vote for federal offices (president & congress)

Yes

Yes

 

 

 

 

No change

Vote for state & local offices

No

Not specified

Require Proof of Residence  when registering

No

Not specified

Require ID when requesting absentee

No

No

Can receive absentee ballot electronically

Yes

Yes

Must be registered before using FWAB

Yes

Not specified

Can use FWAB as absentee request

Yes

Yes

Can use FWAB as write-in ballot

Yes

Yes

Can use FPCA for registration & absentee ballot request

Yes

Yes

 

Temporarily Overseas Voters, who intend to return

 

Wis statutes current law

UOCAVA – current law

Desired new legislation

Vote for federal offices (President & Congress)

Yes

Yes

Yes

Vote for state & local offices

Yes

Not specified

Yes

Require Proof of Residence when registering

Yes

Not specified

Requirement identical to that for regular voters

Require ID when requesting absentee

Yes

No

No

Can receive absentee ballot electronically

Yes, by court order*

Yes

Yes

Must be registered before using FWAB

Yes

Not specified

Yes

Can use FWAB as absentee request

Yes

Yes

Yes

Can use FWAB as write-in ballot

No

Yes

Yes

Can use FPCA for registration & absentee ballot request

Yes

Yes

Yes

* Currently being reviewed by the court of appeals.

FWAB is the Federal Write-in Absentee Ballot.  It does not have names on the ballot, only offices.

FPCA is the Federal Post Card Application.  This can be used to register and also to request an absentee ballot.

“Desired new legislation” would result in two differences between permanently overseas and temporarily overseas voters.  Temporarily overseas voters would be able to vote for all offices (federal, state, and local) as they do now; and would be subject to the same proof of residence requirements when registering as regular voters, as they are now.

Web page by Paul Malischke       malischke@yahoo.com       Last updated August 16, 2017