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Overseas Citizens FAQs - Federal Voting Assistance Program

General | Military | Overseas Citizens

Frequently asked questions

OVERSEAS CITIZENS
If I do not maintain a legal residence in the United States, what is my “legal state of residence?” Your “legal state of residence” for voting purposes is the state or territory where you last resided immediately prior to your departure from the United States. This right extends to overseas citizens even though they may not have property or other ties in their last state or territory of residence and their intent to return to that state or territory may be uncertain. When completing the residence section of the FPCA, be sure to enter the entire mailing address of your last residence, including street or rural route and number. This information is necessary to place you in the proper voting district, ward, precinct or parish. Family members of citizens residing overseas, who are U.S. citizens and who have never resided in the United States, usually, if the state allows, claim one of their U.S. citizen parent’s legal state or territory of residence as their own. Check Chapter 3 of the Guide.

Will I be taxed by my last state or territory of residence if I vote absentee? Exercising your right to vote in elections for federal offices only, does not affect the determination of residence or domicile for purposes of any tax imposed under federal, state, or local law. Voting in an election for federal office only may not be used as the sole basis to determine residency for the purpose of imposing state and local taxes. If you claim a particular state or territory as your residence and have other ties with that state or territory in addition to voting, then you may be liable for state and local taxation, depending upon the laws of that particular state or territory. Consult the Guide or a legal advisor for information on probable tax obligations.

Can I register or vote in person at the embassy or consulate? At present, there are no provisions for in-person voting or on-site registration to be conducted at U.S. embassies or consulates. U.S. embassy and consular officials will assist U.S. citizens in completing FPCA forms for their state , witness or notarize FPCA forms and ballots (if required), and provide other absentee voting information. U.S. embassy and consulate locations serve also as a mailing point where FPCA forms and other election materials may be mailed back, postage paid, to your local voting jurisdiction in the United States where absentee registration and ballot requests are processed.