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Military and Overseas Voter Empowerment (MOVE) Act
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The Military and Overseas Voter Empowerment (MOVE) Act is a federal law designed to provide greater protection for the voting rights of members of the armed forces and Americans temporarily living overseas. The act was introduced in Congress in on July 8, 2009, and signed into law by President Barack Obama on October 28, 2009. The MOVE Act is an expansion of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) enacted in 1986.[1]
History
The MOVE Act was introduced to the United States Senate on July 8, 2009, as SB 1415. This bill was later merged into the National Defense Authorization Act of 2010, HR 2647, which passed the House in a 389-22 vote. The Senate approved the bill in a 68-29 vote. President Barack Obama signed the bill into law on October 28, 2009.[2]
Key components
As the MOVE Act was designed to protect the voting rights of Americans overseas and members of the armed forces, there are several key provisions regarding states' responsibilities to send and receive ballots from these voters.
Under the MOVE Act, states are required to develop procedures allowing UOCAVA voters to request registration applications and absentee ballot applications electronically or by mail. The state must transmit these applications in the manner requested by the applicant, or by state law in the absence of a preference. Additionally, each state must designate at least one means of electronic communications for UOCAVA voters to request registration and absentee ballot applications, for UOCAVA voters to send registration and absentee ballots, and to provide UOCAVA voters with election and voting information. States may delegate these responsibilities to jurisdictions within the state.[3]
The act also requires states to send absentee ballots no later than 45 days before the general election. Military and overseas voters are required to re-register with their elections authority every year under the MOVE Act. Previous laws required military and overseas voters to re-register every two years.[3]
Waivers
The MOVE Act allowed states to file for a one-time hardship waiver during the 2010 elections if they could not comply with the law due to the date of the statewide primary election or the state constitution prohibiting the state from complying with the requirements.[1]
When applying for a waiver, a state had to acknowledge that the 45-day requirement was designed to give military and overseas voters more time to cast a ballot. A state also had to disclose why it could not meet the requirements; in addition, the state had to have an action plan to ensure all military/absentee ballots would be counted.[1]
In 2010, there were 12 waiver applications: Alaska, Colorado, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, New York, Rhode Island, Washington, Wisconsin, and the Virgin Islands.[1]
Of these states, Alaska, Colorado, the District of Columbia, Hawaii, Wisconsin, and the Virgin Islands were denied waivers. Waivers were approved for Delaware, Massachusetts, New York, Rhode Island and Washington. Maryland withdrew its waiver request.[1]
Enforcement
Enforcement of the MOVE Act has been spotty, with only 15 states implementing its provisions fully in the 2012 election, according to the Military Voters Protection Project. According to the Overseas Vote Foundation, 13.8 percent of overseas military voters were unable to vote in 2012. 21.6 percent of overseas military voters and 17 percent of overseas civilians did not receive a ballot. The United States Department of Justice filed lawsuits against Guam, Illinois, New Mexico, New York, and Wisconsin to enforce the law.[4][5][1]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Department of Justice, "Fact Sheet: Move Act," October 27, 2010
- ↑ United States Congress, "H.R.2647 - National Defense Authorization Act for Fiscal Year 2010," accessed July 6, 2016
- ↑ 3.0 3.1 National Association of Secretaries of State, "NASS Summary of the Military and Overseas Voter Empowerment Act (MOVE Act)," November 6, 2009
- ↑ San Diego Tribune, "Suppressing the Military Vote," June 25, 2012
- ↑ Verified Voting "National: 13.8% of overseas military couldn’t vote in ’12," January 29, 2013
