On October 28, 2009, Congress enacted the Military and Overseas Voter
Empowerment (MOVE) Act. This legislation amends existing law
regarding overseas voting in federal elections, and should make
voting easier for overseas Americans.
Beginning with the November 2010 general election, and for all
subsequent general, special, and primary elections, states will be
required to mail out ballots at least 45 days prior to an election
for a federal office. This requirement may cause some states to
select earlier primary dates in order to comply with the 45 day
mailing deadline, or to request waivers due to special circumstances.
In addition to mailing ballots to overseas voters, the states will be
required, at the voter's request, to provide registration forms,
absentee ballot request forms, and blank ballots via fax or email.
However, each state's laws determine whether ballot requests or voted
ballots can be returned via fax or email. The new law prohibits
states from rejecting marked ballots based on notarization, paper
size, or paper weight requirements. The witnessing requirements of
individual states remain in place.
Effective immediately, states will no longer be required by federal
law to continue to mail election materials to overseas addresses
(even when they are determined to be invalid) for two complete
general election cycles on the basis of a single ballot request. It
will now be up to each state to determine how long to continue to
send out election materials before requiring overseas voters to
submit new ballot requests. This change, sought by local election
officials, should greatly decrease the volume of voting materials
sent abroad to addresses where Americans no longer reside.