§4086 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Service members living outside the United States may vote in federal elections in the U.S. state where they last lived before joining the Service, unless a State sets different rules. This is in addition to any voting rights they have under section 3 of the Overseas Citizens Voting Rights Act. To use this option, a service member must pick that state, tell that state and any other states where they could vote about the choice, and follow the Act’s rules. The rule only covers people who became service members on or after November 22, 1983. It does not apply if someone instead registers to vote under section 3 of the Overseas Citizens Voting Rights Act.

Title 22, §4086

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) and in such manner as shall be otherwise authorized by a State or other jurisdiction within the territory of the United States, a member of the Service residing outside the United States shall, in addition to any entitlement to vote in a State in a Federal election under section 3 of the Overseas Citizens Voting Rights Act (42 U.S.C. 1973dd–1), be entitled to vote in a Federal election in the State in which such member was last domiciled immediately before entering the Service if such member—

(1)makes an election of that State;

(2)notifies that State of such election and notifies any other States in which he or she is entitled to vote of such election; and

(3)otherwise meets the requirements of such Act [42 U.S.C. 1973dd et seq.].

(b)The provisions of subsection (a) shall apply only to an individual who becomes a member of the Service on or after November 22, 1983, and shall not apply to an individual who registers to vote in a State in which he is entitled to vote under section 3 of Overseas Citizens Voting Rights Act [42 U.S.C. 1973dd–1].

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Overseas Citizens Voting Rights Act, referred to in text, probably means the Overseas Citizens Voting Rights Act of 1975, Pub. L. 94–203, Jan. 2, 1976, 89 Stat. 1142, which was classified generally to subchapter I–E (§ 1973dd et seq.) of chapter 20 of Title 42, The Public Health and Welfare, and which was repealed by Pub. L. 99–410, title II, § 203, Aug. 28, 1986, 100 Stat. 930.

§4086 Entitlement to Vote in a State in a Federal Election; Preconditions; Applicability

Summary

Title 22, §4086

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata