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Voter Registration

Voter Registration

Absentee Voting for U.S. Citizens

The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) guarantees United States citizens overseas the right to vote in federal elections in the United States. (Federal elections include primaries and general and special elections for the President, Vice President, U.S. Senators, and U.S. Representatives to Congress.) The UOCAVA applies only to federal elections. However, many states in the United States have enacted legislation whereby certain categories of citizens residing overseas can vote by absentee ballot for state or local officials. The same procedures for obtaining local election ballots are used for obtaining federal election ballots.

In order to vote in either federal or state elections in the United States, most states require citizens residing abroad to register in the state of his or her "voting residence." A voting residence is the legal residence or domicile in which the voter could vote if present in that state. Military and Merchant Marine members and their spouses and dependents may register to vote in the domicile (state) that the member claims as his or her residence. Civilian U.S. government employees overseas and their spouses and dependents will generally register in the state they claim as their legal residence. In accordance with the UOCAVA, overseas citizens who are not affiliated with the U.S. government must vote in their last state of residence immediately prior to departure from the United States. This applies even if many years have elapsed and the voter maintains no abode nor has any intention of returning to that state.

How to Vote

Applying for the ballot: The Embassy does not supply voting ballots. You cannot vote at the Embassy. You must request your absentee ballot using a form known as the FPCA – Federal Post Card Application. The instructions for completing the form in accordance with your state's requirements are available in the Voting Assistance Guide. Information from the Guide, including state-by-state instructions for requesting absentee ballots and voting and the on-line version of the FPCA are available at http://www.fvap.gov/. American Samoa, Guam, and Ohio do not accept the online version of the FPCA.

Please make an appointment using any of the means listed in the Key Information box above to pick up a Federal Post Card Application for a ballot (FPCA). When picking up the FPCA, please also request the instructions for the U.S. state in which you will vote, as the instructions for each state are different. If you live permanently overseas, then for voting purposes your state of residence is the state where you last lived immediately before leaving the United States. Please give the number of FPCAs your household requires.

Note: In some states, one FPCA will get you both the Primary and the General Election ballots. In others, you need to send a separate FPCA prior to each election. Again, please be sure to tell us the U.S. state in which you will vote, so we can make sure you receive the proper instructions.

What do I do with the FPCA?

Fill out the FPCA using the instructions attached to the postcard. If you have difficulty in reading or understanding any English language materials relating to voting or voter registration, then we will be happy to assist you. If you have questions about the instructions or if you need to know the address of the official to whom to address the postcard (e.g. the County Clerk, Board of Elections, Registrar of Voters, etc.) consult the Voting Assistance Guide extract for your state. The Voting Assistance Guide contains up-to-date requirements and information for voting in each state. You will be given the state information applicable in your case.

Note the date for applying. Once you determine the county you vote in, the Guide can give you the address and zip code of the county official to which you must address your FPCA. Note that many states will accept the FPCA as a multipurpose form, i.e. it can be used as an application for registration and/or an absentee ballot. In the event that your voting state does not accept the FPCA for all purposes, the state will mail you a registration form, which must be completed. In some cases the registration form must be notarized before an American consular officer (see below) or notary public abroad. In those states, only after the registration form is fully executed and mailed will you receive an absentee ballot.

Notarization

If your state requires that you take an oath to the contents of the FPCA, then please contact us to schedule an appointment to have your FPCA notarized at the Embassy. Bring your U.S. passport. All notary services on voting materials are performed free of charge.

Mailing

An FPCA may be mailed, free of postage, through the Embassy if the envelope indicates that postage has been pre-paid. If you have less than one week to meet a deadline, then check the extract from the Voting Assistance Guide for your state, since many states now allow you to fax in your ballot.

Will I incur tax liability by registering to vote?

Federal law provides that no tax liability may be imposed based on exercising your right to vote in Federal elections, e.g., the President, Vice President, U.S. Senators, and U.S. Representatives to Congress. If you are a civilian citizen residing outside the U.S. and wish to avoid classifying yourself as a state resident for tax purposes, you should check "Other U.S. citizen residing outside U.S." on the FPCA. You will normally receive a Federal ballot only, not a ballot for state and/or local offices. If the state sends you a full ballot because it does not print a separate Federal ballot, then you may vote the full ballot without incurring a federal tax liability.

Note, however, that some applications for ballots, or the ballots themselves, will ask you whether you want to vote for state officials up for election, e.g. candidates for governor or candidates for the state legislatures. The voting law regarding tax liability only covers federal officials. If you choose to vote for state officials, then some states may find that your actions in registering to vote for state officials, or in actually voting for state officials, will allow the particular state to consider voting as a factor in determining domicile for state tax purposes. Before voting for state officials, consult the Voting Assistance Guide that lists the states operating in this manner.

To reiterate, if you register to vote and vote only for federal officials, then the law precludes the federal government and state and local governments from using voting in determining your tax domicile.

Federal write-in absentee ballot

Overseas voters may be eligible to use the Federal Write-in Absentee Ballot (FWAB) to vote for federal offices (President/Vice President, Senator, and Representative). The FWAB may be used only for general elections and is a backup for voters who expect to be able to use the regular absentee ballot from their state or territory but who did not receive that ballot in time to vote and return it. The FWAB must be received by the local election official no later than the deadline for receipt of regular absentee ballots under state law. The FWAB is to be used to assist those voters who would be disenfranchised through no fault of their own, and is not designed as a replacement for the regular state ballot. It is valid only when your application for a regular absentee ballot was mailed in time to be received by your local election official 30 days prior to this election, or when this requirement has been waived by the appropriate local election authority. When you send in the FWAB you must swear or affirm under penalty of perjury that the above is true.

The FWABs can be obtained by contacting the American Citizen Services unit using any of the means listed in the Key Information box above and making an appointment. 

Denial of right to vote

Any person who believes that he or she has been wrongfully denied the right to vote should contact the Civil Rights Division of the U.S. Department of Justice, Washington, D.C. 20520.

Important Information:

  • Complete the FPCA and return it to the address shown in the State instruction leaflet. Do not mail it to the Embassy – this may delay receipt of your ballot.
  • Apply in good time – at least 45 days before the election.
  • There are no facilities to vote at the Embassy.

For additional help and information:
 

  

 

Key Information

Consular Section
U.S. Embassy

Ljubljanska bb
81000 Podgorica
Montenegro

Closed on U.S. & Montenegrin Holidays

American Citizen Services
Please call to make an appointment
Tel:+382 20 225 417
Fax:+ 382 20 241 358
Email:
podgoricaACS@ state.gov

After-hours Emergencies, call
+382 20 225 417