• Military Menu                       

• Introduction
• Systems
• Facilities
• Agencies
• Industry
• Operations
• Countries
• Hot Documents
• News
• Reports
• Policy
• Budget
• Congress
• Links

• WMD
• Intelligence
• Homeland Security
• Space

STATEMENT OF

MR. DAVID O. COOKE
DIRECTOR, ADMINISTRATION AND MANAGEMENT
OFFICE OF THE SECRETARY OF DEFENSE
BEFORE THE
HOUSE ARMED SERVICES COMMITTEE
MILITARY PERSONNEL SUBCOMMITTEE
ON MAY 9, 2001
STATEMENT FOR THE RECORD
FOR THE FEDERAL VOTING ASSISTANCE PROGRAM 

Mr. Chairman and members of the subcommittee, thank you for this opportunity to update you on the Federal Voting Assistance Program (FVAP) in the Department of Defense. In 1988, President Reagan issued Executive Order 12642 designating the Secretary of Defense as his agent to implement the provisions of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and to discharge the Federal functions required by the Act. The Director of the Federal Voting Assistance Program administers the Program for the Secretary of Defense.

The UOCAVA covers the voting rights of more than six million U.S. citizens who serve in the military, other Uniformed Services, and merchant marine, their family members, and all U.S. citizens residing overseas. 

VOTING PARTICIPATION

After the 2000 general election, the FVAP conducted a survey of a random sample of citizens covered by the UOCAVA. Although the complete set of survey results is still being categorized and analyzed, the final information on voting participation is available.

Uniformed Services

The 2000 Post-Election Survey indicates a 75% voting participation rate for the Uniformed Services, compared to 51 % for the general voting age population. This is a dramatic improvement over the 1996 survey where participation by the Uniformed Services voters was 64%. The general public voted at the rate of 49% in 1996.

Federal Civilians Overseas

            Voting participation by overseas Federal employees was 65% in 2000 compared with 68% in 1996.

Non-Federally Employed Civilians Overseas

            Voting participation by U.S. citizens overseas not affiliated with the Federal Government was 37 % in 2000 as it was in 1996.

The recent Presidential election emphasized the importance of every absentee ballot cast by our brave young men and women in the Armed Forces, their families and overseas citizens. It has also highlighted some difficulties these citizens face as they exercise their right to choose their elected officials. The Federal Voting Assistance Program's continual education efforts, in addition to its pursuit of state legislative initiatives, have helped communicate and work toward resolutions of the challenges presented to the Uniformed Services and civilian citizens outside the U.S. in voting absentee. I would like to share with you the concerted efforts carried out each year by the Department to bring simplicity, uniformity and clarity to the absentee voting process to help ensure enfranchisement. Our mission in implementing the UOCAVA on behalf of the Secretary of Defense, consists of three broad areas: to inform and educate Uniformed Services members and U.S. citizens worldwide of their right to vote; to foster voting participation; and to protect the integrity of, and enhance, the electoral process at the Federal, state and local levels.

The FVAP works with the states and territories to make absentee voting for our military members and their eligible family members easier by improving, simplifying and expediting the process. Since voting is a function of the states and territories, there are 55 sets of laws, regulations and deadlines that define the absentee voting process used by military members and overseas citizens. So many sets of rules may be confusing to Voting Assistance Officers in providing registration and voting assistance.   

Each year, the Director of the Federal Voting Assistance Program contacts the chief election official in the states, the District of Columbia, and the territories to provide recommended language for consideration by their legislative bodies which, if enacted, would simplify the absentee voting process. Some of the proposed initiatives can be implemented by a change of policy while others require passage of legislation or even a state constitutional amendment. A summary of these initiatives is listed below.

Initiatives

Need for a 45-Day Ballot Transit Time

The most persistent problem which continues to face Uniformed Services members and overseas citizens is the extremely short period of time these voters have to receive, vote, and return their absentee ballots in order to be counted. While electronic transmission of election materials offers an alternative to inadequate ballot transit time in emergency situations where allowed by state law, the fact is that insufficient ballot transit time through the mail remains the primary obstacle to ensuring timely delivery of absentee ballots to all who request them. Our post-election surveys and Postal Service statistics indicate that a 45-day round trip transit time is needed for absentee ballots sent through international mail or the military APO/ FPO (overseas) post offices. This length of time is especially necessary because of the remote location of many military personnel and overseas citizens such as sailors and marines aboard ship, airmen and sailors at isolated tracking sites around the world, as well as Department of State personnel and citizen employees of United States multinational corporations in remote areas. These and other impediments make it necessary to strive for a minimum of 45 days transit time for absentee ballots.

 

Use of One Federal Post Card Application for All Elections in a Calendar Year As a Simultaneous Request for Registration and An Absentee Ballot

Many citizens are confused and frustrated concerning state and territory requirements to submit a separate request for a ballot for each election. Citizens can be disenfranchised for this reason alone. Voters think that when they request and receive a ballot for the primary election, they will automatically receive a ballot for the general election. We recommend that states accept one absentee ballot request for ALL elections during a calendar year. Forty-eight states now accept one absentee ballot request for both primary and general or for all elections during a calendar year.

Notary Requirement

The notary requirement has created continuing problems for individuals living overseas where such services are difficult and expensive, if not impossible, to obtain. Some citizens have paid $90 to obtain notarial services. In many countries, there are no notaries in their system of jurisprudence. We strongly recommend removal of the notary requirement for all absentee balloting materials. Forty-eight states have eliminated the notary requirement on the FPCA and ballot return envelope.

"Not Earlier Than" Restrictions

Some states have a specified time during which local election officials may receive requests for registration and/or absentee ballots, i.e., not earlier than 75 days before the election. The "not earlier than" limitation can cause problems for Uniformed Services personnel or other citizens overseas. Frequently, programs encouraging voter registration and participation are held at various times during an election year. During these sessions, citizens are encouraged to submit an application for registration and/or request for absentee ballot. On other occasions, a candidate may address a large gathering of citizens to encourage them to register and vote. Persons who are motivated to act as a result of these sessions could have their applications rejected because they were received too early by local election officials. This requirement can be very frustrating, particularly to first time voters. We urge that the "not earlier than" dates for ballot requests be eliminated. Forty-nine states have already removed such requirements.

Pre-Election Day Voted Ballot Return Deadlines

Ballot return deadlines earlier than Election Day present a problem, particularly for citizens located overseas who primarily vote absentee. In these cases, these voters need as much time as possible, prior to the close of polls, to ensure timely return of ballots. It is for this reason we recommend states and territories accept voted ballots from all citizens covered under the UOCAVA at least until the close of polls on Election Day. Only five states require the return of the voted ballot before Election Day.

Expand Use of Federal Write-In Absentee Ballot

In most states, the Federal Write-In Absentee Ballot may be used only in general elections for Federal offices. This ballot is pre-positioned worldwide at embassies and consulates, military installations and overseas organizations and corporations with American membership.

By expanding its use to include special, primary and runoff elections for Federal offices, citizens could avoid disenfranchisement when state ballots are not received in a timely manner. Frequently, there is insufficient time for local election officials to print and send ballots to UOCAVA citizens between the call for a special election and the actual election, and between primary and runoff elections. Allowing use of the Federal Write-In Absentee Ballot for these elections would reduce the possibility of legal action when insufficient time exists for the ballot to be received, voted and returned in time to be counted. Six states have legislatively expanded use of the Federal Write-In Absentee Ballot beyond the Federal law to include use in special and primary elections.

In addition, for those citizens who desire to vote in elections for Federal office only, the acceptance of the Federal Write-In Absentee Ballot transmission envelope as a request for registration simultaneously with the submission of the voted Federal Write-In Absentee Ballot, would further simplify the process and help ensure enfranchisement. It should be noted that the information requested on the Federal Write-In Absentee Ballot transmission envelope is basically the same as the information requested from the voter on the Federal Post Card Application. We recommend the Federal Write-In Absentee Ballot transmission envelope and ballot portion be accepted simultaneously as a registration form and ballot by the state for general elections and Federal offices if:

(1)            the information submitted complies with the state's registration requirements;

(2)            the citizen is otherwise eligible to vote absentee in the jurisdiction where the request is submitted;

(3)            the request is received by the appropriate state election official not less than 30 days before the election.

The adoption of this initiative can save the state or territory money, and alleviate administrative responsibilities on the part of the local election official, further streamlining the absentee voting process.

Late Registration Procedures

We recommend that states and territories allow persons recently separated from the Uniformed Services or overseas employment, and their family members, to be able to register late or be exempt from registration. Many of these citizens go through a transition period when they first leave the Uniformed Services or overseas employment and may reside in a state just prior to an election and this time frame does not meet the state's normal residency requirements. Often, the date of discharge or termination of overseas employment, and a state's registration requirement combine to disenfranchise a discharged military member or overseas citizen returning home after employment abroad. Special procedures to allow these persons to register and vote would solve this problem. Twenty-three states currently allow such procedures with ten of those states allowing late registration for military only.

State Write-In Absentee Ballot

We also recommend that states and territories provide a state write-in absentee ballot for all elections. The purpose of the state write-in absentee ballot is to provide a method for voting by military and other persons overseas who, due to military contingencies or special circumstances such as those faced by submariners, Peace Corps volunteers, missionaries or others in remote areas, will be out of communication during the absentee balloting period and unable to receive the regular ballot from their state in the normal time frame. Voters could request a state write-in absentee ballot be mailed to them 90 days in advance and write in the names of their candidate choices or party preferences. The voter knows in advance that he or she will not be able to receive, vote, and return the regular ballot from the state in time to be counted. Twenty-six states now provide state write-in absentee ballots for military members; twenty-two of which also allow its use by other overseas citizens.

This state write-in absentee ballot should not be confused with the Federal Write-In Absentee Ballot that is pre-positioned at embassies and consulates, military installations, overseas organizations and corporations. In comparison, the Federal Write-In Absentee Ballot is generally only available to military and other U.S. citizens overseas who have already applied for a regular ballot from the state. They do not know in advance that they need the Federal Write-In Absentee Ballot. However, if the regular ballot from the state does not arrive in sufficient time for the voter to return the voted ballot and meet the state deadline, these voters may obtain, vote, and return the Federal Write-In Absentee Ballot to the local election official.

It is also important to note that a state write-in absentee ballot usually provides a "full" slate of offices to be voted upon including Federal, state, and local offices. On the other hand, the Federal Write-In Absentee Ballot generally allows voting only for Federal offices. The 1995 revised Federal Write-In Absentee Ballot was designed to accommodate its use beyond the general election and for Federal offices only.

Electronic Transmission of Election Materials

Since the 1990 general election, faxing has proven to be a valuable alternative method for facilitating the enfranchisement of military persons and overseas citizens serving their country who may have otherwise been unable to vote. This initiative has helped to ensure that these citizens were not disenfranchised, by allowing them to cast a ballot when they otherwise would not have been able to vote due to time and location constraints.

Throughout an election year cycle, various circumstances exist that require the need for this alternative procedure in order for citizens to vote. The basic concept of electronic transmission of election materials is to secure high-speed delivery of election materials between the voter and local election officials. State support in developing the acceptance of electronic transmission for all aspects of the process, with proper controls, would cut the ballot transit time at least in half, reduce the major obstacle to voting absentee and allow local election officials an alternative method of transmitting election materials.

We ask that states and territories consider expanding the use of modern technology in the absentee voting process by enacting legislation to allow electronic transmission of the Federal Post Card Application for registration and ballot request, the electronic transmission of the blank ballot from the local election official, and the voted ballot from UOCAVA citizens in potentially disenfranchising circumstances. Forty-six states currently authorize some aspects of electronic transmission for registration or absentee balloting.

Enfranchise Citizens Who Have Never Resided in the U.S.

There are many U.S. citizens who have never resided in a state or territory and under current law are not entitled to vote. These are usually first or second-generation citizens who are subject to U.S. income tax and all other requirements of citizens. Except for the fact that they have never resided in a state, they would be eligible to vote in elections for Federal office. Eight states have passed legislation allowing these citizens to claim the legal residence of a parent. We recommend these citizens be allowed to vote in elections for Federal offices where either parent is eligible to vote under the UOCAVA.

Emergency Authority for Chief Election Official

During a period of a declared emergency or other situation where there is a short time frame for ballot transmission, we recommend that state and territory Chief Election Officials have the authority in law to designate alternate methods for handling absentee ballots to ensure voters have the opportunity to exercise their right to vote. The Chief Election Official and the Federal Voting Assistance Program could mutually establish expeditious methods for handling absentee ballots to include, but not limited to, electronic transmission.

On-line Version of the Federal Post Card Application

New for the year 2000 elections, forty-five states accept the Federal Voting Assistance Program designed On-Line Version of the Federal Post Card Application as an alternative to the cardstock Federal Post Card Application. The form can be filled in on-line, printed out, manually signed and dated, placed in an envelope with proper postage and mailed to the appropriate Local Election Official. Unlike the postage-paid in U.S. mails cardstock Federal Post Card Application, users of the On-line Federal Post Card Application must affix postage on the envelope before mailing the form. The On-line Federal Post Card Application is provided as a convenient and timesaving alternative when a citizen cannot get the postage-paid cardstock Federal Post Card Application through other means so that they will not miss the opportunity to register or make timely request for a ballot. When completing the on-line form, citizens are instructed to refer to the 2000-01 Voting Assistance Guide. At present, there are no provisions to allow for submission of the Federal Post Card Application through the Internet.

OTHER FVAP INFORMATION AND OUTREACH

In preparation for the 2000-2001 election years, on November 2, 1999, then Secretary of Defense William Cohen sent a Voting Action Plan to the Secretaries of the Military Departments, the Chairman of the Joint Chiefs of Staff, the Directors of Defense Agencies and Executive Branch Agencies. The Plan outlines how to develop and maintain voting assistance programs in the military services, emphasizes command support responsibilities, and provides direction for distribution of voting materials to the unit level. The Military Departments then develop their Service specific implementing plans. Each Service has assigned a Flag or General Officer as their Senior Service Voting Representative and a Service Voting Action Officer to implement their voting plan. Voting Assistance Officers are to be designated at the unit level and have voting materials available to them through their normal distribution channels.   

From January to September 2000, the FVAP conducted more than 62 on-site training workshops and orientations for military and civilian Voting Assistance Officers. These workshops instructed Voting Assistance Officers about their responsibilities and the resources available to them in assisting military members and their voting age dependents with the absentee voting process.

The FVAP provides many resources to assist members of the military and UOCAVA citizens with the absentee voting process. All publications and instructional materials are available on the FVAP website, www.fvap.ncr.gov, as well as being distributed through normal military distribution systems. The FVAP has direct toll-free numbers in 59 countries as well as access through the Defense Switched Network, giving toll-free access to military members worldwide. Voting Assistance Officers, citizens and local election officials are encouraged to contact the FVAP for assistance with the absentee voting process and the FVAP works with those involved to resolve individual questions.

The FVAP publishes a biennial, comprehensive Voting Assistance Guide that provides state-by-state procedures and deadlines for submitting voting materials, a monthly newsletter, and voting news releases containing information and procedures on elections and other timely information pertinent to assisting citizens in voting absentee. The FVAP provides the How To Do It! Vote Absentee pamphlet, which answers the most frequently asked questions about absentee voting. The FVAP also publishes and distributes an election calendar. The Guide and other FVAP printed materials are kept up to date on FVAP's website.

Postmarking is a requirement levied by the states. When a postmark is missing or illegible, the FVAP works with local election officials to help determine when the citizen executed the ballot. The FVAP also works closely with the states, the military postal system and the U.S. Postal Service to ensure that election materials are readily identifiable and that they receive expeditious handling when in those systems.

Throughout the 2000 election year, the FVAP emphasized in publications and newsletters, the advisability for citizens to have a postmark placed on all election materials that they send to their local election officials. By postmarking these documents, the possible question of when and where the document was completed and mailed can be immediately resolved. This recommendation was emphasized in the March, July and October, 2000 editions of FVAP's Voting Information News, as well as on the FVAP website, through the ombudsman service, in workshops, and in the 2000-01 Voting Assistance Guide.

There is no such thing as a "military ballot" provided to our service members. Instead, there are literally thousands of different ballots that are distributed by local election officials to our military, their family members, and overseas citizens who then vote and return the ballots to their state of legal voting residence. The FVAP works closely with local election officials throughout the nation to help ensure the enfranchisement of individual military members, their families, and U.S citizens residing overseas.

The Department of Defense also maintains and operates the Voting Information Center, which is an automated telephone system that contains election information. Approximately thirty days before an election, the FVAP invites all candidates for the offices of U.S. President, U.S. Senator, U.S. Representative and state governor to leave campaign messages on the system.

September 3-9, 2000 was designated by the Secretary as "Armed Forces Voters Week". Throughout the world, military Voting Assistance Officers conducted voter registration drives for those service men and women who had not already requested an absentee ballot. The week of June 25 - July 1 was designated as "Overseas Citizen Voters Week" and provided a similar emphasis towards U.S. citizens residing abroad. This final push was scheduled to permit adequate time for overseas citizens to request and receive their absentee ballots before the general election.

For the 2000 General Election, the FVAP conducted a ground breaking, pilot project that allowed 84 military members, their dependents, and overseas citizens to securely register and vote. This was the first time that binding votes were cast over the Internet for federal, state and local offices including the President and Members of Congress.

We worked closely with state and local election officials in the pilot states of Florida, South Carolina, Texas and Utah. Their expertise and dedication was invaluable to the overall success of the pilot project.

The pilot citizens were located in 21 states and 11 countries. They registered and voted using personal computers from home or work. Each citizen received instant confirmation that his/her voted ballot was received. All the ballots were counted immediately at the close of polls.

We used digital signatures, encryption and other security measures to ensure the integrity and secrecy of the voting process. The system provided an electronic postmark and reduced transit time to minutes.

Our Voting Over the Internet pilot assessment report will be available soon.

Although our pilot project demonstrated that remote registration and voting over the Internet is a secure, viable alternative in a small-scale, tightly controlled environment, there are a number of security concerns in expanding to a larger population at this time.

Our recommendation for the next logical step is a system for remote voter registration and status check only, while continuing to investigate evolving security technology for future remote voting. This approach allows us to effectively manage any risk. This registration system would significantly improve many of the current deficiencies in the by-mail process such as long transit times and thereby enhance the enfranchisement of our military voters. This registration system could be expanded to include remote voting as enabling security technology becomes available. 

The Department of Defense places a high priority on facilitating access to election information and the voting process for all Uniformed Services personnel and U.S. citizens residing overseas. As required by law, the FVAP conducts a survey and shall ".not later than the end of each year after a Presidential election year, transmit to the President and to the Congress a report on the effectiveness of assistance under this title, including a statistical analysis of voter participation and a description of State-Federal cooperation." The results of this survey, as well as the continuing feedback received in daily contacts with citizens and election officials, are used to improve the FVAP's services. The Federal Voting Assistance Program is always receptive to ideas on how to better serve citizens covered under the UOCAVA.

Thank you for giving me the opportunity to discuss the Federal Voting Assistance Program's on-going and progressive efforts to facilitate voting for our Uniformed Services members, their dependents and U.S. citizens residing overseas.

---