Federal Law—Uniformed Service and Overseas Voters. 

The federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) in its amended form allows United States (US) citizens living abroad or who are active military or uniformed services members (UOCAVA voters), to register and vote absentee in federal elections.  The protections of the UOCAVA apply to:  (1) members of the uniformed services on active duty and members of the merchant marine who, because of their membership in the service, are absent from their place of residence and are otherwise qualified to vote; (2) the spouses and dependents of these uniformed services voters who are absent due to the uniformed services voter's active duty; and (3) citizens residing outside of the US who, but for residency, are qualified or would be qualified to vote in the last place of domicile before leaving the United States.  

The UOCAVA authorizes UOCAVA voters to use the federal post card application to register to vote and request an absentee ballot simultaneously if submitted no later than 30 days before the election.  The law also allows UOCAVA voters to use a federal write-in absentee ballot as a "back-up" ballot for federal elections in situations where the voter requested a regular ballot from their state but has not received it in time to return it by their state's election deadline.  States must accept registrations using the federal post card application, as well as voted federal write-in absentee ballots in all elections for federal office.  States must also provide UOCAVA voters with an option to request and receive voter registration forms, absentee ballot requests, and blank absentee ballots electronically.  States must send validly-requested absentee ballots upon request no later than 45 days before an election for a federal office, if a request is received by then.  States are required to develop a free access system through which a UOCAVA voter may track the receipt of their absentee ballot.

Washington Law—Service and Overseas Voters.

State election statutes and rules adopted by the Secretary of State similarly authorize citizens covered by the UOCAVA to register and vote absentee in state and local elections. 

Service and Overseas Voters—Definition.  Washington law incorporates and expands on the federal definition of service and overseas voters.  These voters are individuals who, but for residency due to their service and overseas status, otherwise meet the qualifications to vote in Washington, and are:

• active members of the US uniformed services including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Merchant Marine, and the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration, and their spouses and dependents;
• members of a reserve component of the armed forces;
• students or faculty at a US military academy;
• members of a religious group or welfare agency officially attached to and serving with the armed forces of the United States; or
• Washington residents living outside the territorial limits of the United States.

Voter Registration.  The Secretary of State (Secretary) has prescribed by rule the following acceptable forms of voter registration for service and overseas voters: 

• a voter registration application issued by Washington;
• a federal post card application issued by the Federal Voting Assistance Program (FVAP); 
• a federal write-in absentee ballot issued by the FVAP;
• a national mail voter registration form issued by the Election Assistance Commission; or
• a ballot with a valid signature on the ballot declaration attesting to eligibility. 

For the purpose of voter registration, service and overseas voters must use their most recent residential address in Washington or the most recent residential address in Washington of a family member.  A person does not gain or lose residency by reason of their absence while in active service of the state or the United States or while overseas as a student attending an institution of learning. 

Requesting and Returning Ballots.  Service and overseas voters may request or return a ballot by the following:

• a federal post card application issued by the FVAP;
• a federal write-in absentee ballot issued by the FVAP;
• mail, email, or fax if specifically requested by the voter; or
• any manner that is in substantial compliance with rules regarding applications for special absentee ballots.  

Election officials shall perform all their duties, such as responding to requests for ballots, in an expeditious manner.

Mailing Ballots.  Except if a recount or litigation is pending, county auditors must mail ballots to service and overseas voters at least 30 days before each state special election, at least 45 days before each primary or general election, and at least 45 days before any special election that involves a federal office.

Processing Ballots.  Service and overseas voters may return voted ballots by fax or email.  Ballots returned by fax or email must be returned no later than 8:00 p.m. on election day.  Voted ballots sent by mail from service or overseas voters must have a signed declaration that is dated no later than the day of the election and received no later than the close of business the day before certification of the election, which occurs 14 days after a primary or special election and 21 days after a general election. 

The Secretary has adopted statewide standards on what constitutes a vote and guidance for validating or invalidating a vote based on discernable voter intent.  No write-in votes may be rejected due to a variation in the form of the name if the canvassing board can determine the voter's intent.  For federal write-in absentee ballots where the voter has not written in a candidate's name but has written in the name of a political party, the written instructions may be counted as a vote if the canvassing board can discern that a candidate's party preference is consistent with the voter's instructions, unless multiple candidates' party preferences are consistent with the voters' instructions. 

VoteWA.  VoteWA is an online portal maintained by the Office of the Secretary of State where any voter may access information relating to their ballot and relevant elections.  Specifically, voters can use the portal to register to vote, update their voter registration, access the voters' guide, view drop box and voting center locations, update their voter registration, check their ballot status, and access their ballot and ballot return packet.  

Special Absentee Ballots.

In addition to federal write-in absentee ballots issued under the UOCAVA, state law authorizes the use of special absentee ballots for registered voters who complete an application stating they will be unable to vote and return a regular ballot by normal mail delivery within the period provided for regular ballots.  A special absentee ballot may not be requested more than 90 days before the applicable state primary or general election.  The county auditor is required to include with the special absentee ballot a list of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or general election and a list of any issues that have been referred to the ballot before the time of the application.

Uniform Law Commission.

Established in 1892, the Uniform Law Commission is a nonpartisan organization composed of state commissions on uniform laws.  Members of those state commissions must be lawyers qualified to practice law and who have been appointed by their state to research, draft, and promote the enactment of uniform state laws in areas where uniformity is desirable and practical.  In Washington, the Governor must appoint at least three, and may appoint up to four, commissioners who are residents of the state and members of the state bar association.  The Code Reviser also serves as a commissioner.   

The Uniform Law Commission promulgated the Uniform Military and Overseas Voters Act (UMOVA) in 2010 to more fully franchise service and overseas voters.  The UMOVA extends and expands the assistance and protections applicable to federal elections to state and local elections.  The UMOVA also expands the class of covered voters to include overseas citizens who have not established a specific residence in the United States but have demonstrable ties to the state.

Alignment with the Uniform Military and Overseas Voters Act.

The Uniform Military and Overseas Voters Act (UMOVA) is substantially adopted to conform Washington voting laws with federal laws relating to service and overseas voters.  Because Washington voting statutes and rules already implement federal voting rights for United States citizens who are active service or overseas voters, there are few substantive changes made to state statute.

Service and Overseas Voters—Definition.  In addition to those identified under state statute as service and overseas voters, the following individuals are included in the definition of service and overseas voters:

• overseas voters who, before leaving the United States would have been last eligible to vote in the state had the voter been of voting age, and except for the state residency requirement, otherwise satisfies the state's voter eligibility requirements; and
• overseas voters who were born outside the United States and, except for the state residency requirement, otherwise satisfy the state's eligibility requirements if:  (1) the last place where a parent, legal guardian, or family member of the voter is, was, or would have been eligible to vote is within the state; and (2) the voter has not previously and is not currently registered to vote in any other state.

Voter Registration.  If a voter registration application is received within 20 days prior to an election and the service or overseas voter provided an email address, a notification must immediately be sent to the voter with details on how to obtain a ballot by email or online.

The county auditor must request an email address from each service and overseas voter who registers to vote, which is exempt from disclosure under the Public Records Act.  The email address may be used only for official communication with the voter about the voting process, including transmitting ballots and election materials, and verifying the voter's mailing address and physical location.  The request for an email address must describe the purpose for which the email address may be used and include a statement that any other use or disclosure of the email address is prohibited.  A service and overseas voter who provides an email address may make a standing request for electronic delivery of a ballot for all elections held in which the voter is eligible to vote while registered as a service or overseas voter. 

Processing Ballots.  The Secretary, in coordination with county auditors, must implement an electronic free-access system by which a service or overseas voter may determine by phone, email, or internet whether the voter's federal postcard application or other registration, or military-overseas ballot has been received and accepted. 

Electronic Transmission System.  The Secretary must establish an electronic transmission system through which a service or overseas voter may apply for and receive voter registration materials, military-overseas ballots, and other voting-related information.  The system must be capable of accepting both a federal postcard application and other approved electronic registration applications sent to the appropriate election official.

Miscellaneous. Other changes required by the UMOVA include the following:

• authorizing courts to grant injunctive and equitable relief to ensure substantial compliance or enforcement of the act in an action brought by an aggrieved covered voter or state election official;
• requiring that consideration be given to the need to promote uniformity of the law with respect to its subject matter among the enacting states when applying and construing provisions of the uniform act;
• adopting language to avoid preemption of state law by certain provisions of the federal Electronic Signatures in Global and National Commerce Act; and
• making conforming changes to other provisions of state statute. 

Additional Provisions.

Ballot Return Portal.  Although not included as a part of the UMOVA, the Secretary is required to explore options for an electronic ballot portal that will allow service and overseas voters to return a voted ballot.  In exploring options, the Secretary must develop and test electronic methods that are secure against electronic monitoring and incursion or interference, provide the maximum level of voter secrecy and privacy available, and ensure that only a single vote is cast by each voter.  Each county election office using an approved ballot return portal must keep a record of each successful and unsuccessful attempt at a ballot return and prepare a report at the conclusion of each voting period listing the number of ballots returned using the portal.  The Secretary must prepare a statewide report annually aggregating the information received by each county.

No ballot return portal may be approved or deployed without express statutory authority.  The Secretary must provide an annual report by December 1 each year on its progress in developing the portal to the appropriate committees of the Legislature, with the last report being due on December 1, 2028.

The ballot return portal, which would be used to return a voted ballot, provides a different function from the electronic transmission system specified under the UMOVA, which would be used by a voter to request and receive voter registration materials, blank ballots, and other voting-related information.