Press Releases

Congressman Abe Hamadeh (AZ-08) is applauding a federal policy change clarifying that civilian U.S. citizens living abroad who have never resided in the United States are not eligible for voting protections under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).

The change follows an August policy paper issued by the Federal Voting Assistance Program (FVAP), which determined that UOCAVA, a 1986 law protecting voting rights for military personnel and eligible Americans living overseas, does not extend federal voting protections to citizens who have never established residency in the United States.

As a result, FVAP has removed a checkbox from the federal voter registration and absentee ballot request form that previously accommodated U.S. citizens born and living abroad who have never resided in the United States.

According to FVAP, "Several states may have incorrectly interpreted UOCAVA to require them to allow never-resided citizens to vote--despite state law that prohibits voting by individuals who have never lived in the state."

FVAP is now advising state election officials to "immediately review and correct relevant guidance to reflect the federal requirements of UOCAVA."

The agency further clarified that citizens who have never resided in the United States do not qualify for UOCAVA protections because they cannot establish that they were domiciled in a state before leaving the country.

The policy change does not affect U.S. military personnel. Instead, it primarily concerns individuals who acquired American citizenship through their parents but have never established residency in any U.S. state.

Currently, only 12 states prohibit voting by U.S. citizens who have never resided in the United States.

In August 2025, Congressman Hamadeh introduced the Proving Residency for Overseas Voter Eligibility (PROVE) Act, legislation addressing how nonmilitary U.S. citizens living abroad may participate in federal elections when they cannot establish qualifying residency in a U.S. state.

Under the PROVE Act, overseas citizens who cannot establish a qualifying state residency connection through themselves, a spouse, parent, or legal guardian would still be permitted to vote in federal elections through the District of Columbia, without having to prove residency in the District.

While FVAP's policy clarification establishes that citizens who have never resided in the United States are not entitled to federal voting protections under UOCAVA, Congressman Hamadeh's PROVE Act would provide those citizens with an alternative pathway to participate in federal elections through the District of Columbia.

For more insight into Congressman Hamadeh’s position on the matter read: The Pentagon Is Right on Overseas Voting. Now Congress Must Finish the Job, here.