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UOCAVA
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LegislationUS

UOCAVA

The Uniformed and Overseas Citizens Absentee Voting Act, requiring ballots to reach military and overseas voters 45 days before a federal election.

UOCAVA's 45-day ballot rule forced the Justice Department and South Carolina into a consent agreement by 20 July 2026, because the overseas deadline for the state's special Senate primary had passed on 27 June, before the vacancy existed.

Last refreshed: 1 October 2026 · Appears in 1 active topic

Timeline for UOCAVA

#17 15 Sept
#14 19 Jul

Set the 45-day ballot-mailing deadline the agreement addresses

US Midterms 2026: Dhillon signs deal on South Carolina ballots
View full timeline →

Background

The Uniformed and Overseas Citizens Absentee Voting Act became law in 1986 and remains the only federal statute devoted to voting by service members, their families and citizens living abroad. The 2009 Military and Overseas Voter Empowerment Act, passed inside that year's defence authorisation, added the requirement that ballots go out at least 45 days before a federal election.

The rule applies to primaries, general elections, specials and runoffs alike. A state that cannot comply may apply to the Secretary of Defense for an undue-hardship waiver under 52 U.S.C. § 20302(g). The Pentagon's Federal Voting Assistance Program administers the federal forms covered voters use to register and request ballots.

In practice the 45-day clock is the act's sharpest edge. Every election calendar, including any compressed special-election timetable, has to be built backwards from it, and the Justice Department enforces it against states that fall short.

Key Issues
Ballot transmission

The midterm deadline fell on 19 September

For the 3 November 2026 general election, the act required states to send ballots to military and overseas voters by Saturday 19 September. Georgia transmitted its first on 15 September, four days inside that line.

The forms these voters use changed underneath them. In late August the Pentagon's Federal Voting Assistance Program removed a checkbox, in use since 2013, that let US citizens who have never lived in the United States register; National Public Radio reported the change on 30 September, after ballots were already out. States may still take the earlier versions of the forms, according to the Pentagon.

Common Questions
What is UOCAVA?
It is a 1986 federal law guaranteeing military service members and overseas citizens access to absentee ballots in federal elections, amended by the 2009 MOVE Act.
When was UOCAVA passed?
It was signed into law in 1986 and amended by the Military and Overseas Voter Empowerment (MOVE) Act in 2009.
Why does UOCAVA matter for South Carolina's special Senate election?
Working the 45-day rule backward from the compressed post-Graham election calendar shows the deadline for both the primary and the runoff fell before the vacancy even existed.
How can a state get out of UOCAVA's 45-day ballot deadline?
It can apply to the Secretary of Defense for an undue-hardship waiver under 52 U.S.C. § 20302(g).

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 1 October 2026. Editorial standards.