Talk:Uniformed and Overseas Citizens Absentee Voting Act

Relevance to District of Columbia voting rights

I recently removed this section on grounds that DC residents do have voting rights in federal elections; they lack congressional representation but do not lace federal voting rights. The reversion was reverted on grounds "definition pf voting rights aside, legal argument still valid". OK, perhaps I'm dense. The 23rd amendment to the US constitution reads:

“ Amendment 23 - Presidential Vote for District of Columbia. Ratified 3/29/1961.

1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

2. The Congress shall have power to enforce this article by appropriate legislation.

”

It seems to me that in proposing this amendment to the states for ratification, Congress has acted to grant DC voters voting rights. Sure, Congress has the authority to act again if they decide to do that. I don't see how that needs mention here. -- Boracay Bill (talk) 01:35, 30 December 2008 (UTC)

I'm not sure if this is still an issue, but since I came across this objection, I feel like I should post a formal response for those who may read this in the future. As for the technical definition of "voting rights", you're correct in saying that there's a difference between having voting rights and obtaining representation in Congress. However, the term "voting rights" in relation to the District of Columbia has developed to mean the lack of representation of DC residents in Congress. If it would make you feel better to replace the term voting rights with "representation in Congress" that would still be accurate.

The reason why D.C. representation is mentioned at all in relation to this Act is because, as you mentioned in your original post, there is some debate as to whether Congress can actually grant representation to the District's residents. Some scholars believe that the Congress cannot grant voting representation without a constitutional amendment because, by definition, the residents of the District are not residents of a State, as required by the U.S. Constitution. Other scholars have cited exactly the opposite. As the reference states:

“ While the language of the Constitution literally requires that House members be elected "by the People of the Several states," Congress has not always applied this language so literally. For example, the Uniformed and Overseas Citizens Absentee Voting Act allows U.S. citizens living abroad to vote in congressional elections in their last state of residence – even if they are no longer citizens there, pay any taxes there, or have any intent to return. ”

It is for this reason that D.C. representation is mentioned in this article, given the obvious connection between the UOCAVA and the possible extension of voting representation in Congress by the residents of the District. Best, epicAdam^(talk) 01:26, 8 February 2009 (UTC)

Sec. 107. Definitions

Question,

The Section 107, "DEFINITIONS" of the law that is use as reference on the article, indicate that members of the uniformed service living on the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa can vote at federal office in their State or Territory as per sec. 107 (3), (6) and (8)?

SEC. 107. DEFINITIONS

(1) "absent uniformed services voter" means --

(A) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;

(B) a member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and

(C) a spouse or dependent of a member referred to in subparagraph (A) or (B) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote;

(2) "balloting materials" means official post card forms (prescribed under section 101), Federal write-in absentee ballots (prescribed under section 103), and any State balloting materials that, as determined by the Presidential designee, are essential to the carrying out of this title;

(3) "Federal office" means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress

(4) "member of the merchant marine" means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways) --

(A) employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or

(B) enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel;

(5) "overseas voter" means --

(A) an absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;

(B) a person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

(C) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States;

(6) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa;

(7) "uniformed services" means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration; and

(8) "United States", where used in the territorial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

--Seablade (talk) 08:14, 21 December 2010 (UTC)

Ok, I found the answer:

Registering and Requesting Your Absentee Ballot

Federal Voting Assistance Program --Seablade (talk) 22:58, 23 December 2010 (UTC)