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Overseas voting for mainland residents
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Posted on Sep 23 2004
Before you allow Ruth Tighe to begin giving legal advice to the community about something as important as exercising the right to cast a vote for president of the United States you should at least make sure she knows at least a little about what she is talking about. Apparently Ruth doesn’t have access to the Internet or she would have visited the official United States government website designed to assist overseas voters. The site is http://www.fvap.gov/index.html.
The site provides all the necessary information for former residents of states of the United States to cast their vote in the federal elections. Included on the site is the complete text of the Military and Overseas Voters Act. Section 106 of the act says that casting a ballot in the former state of residence shall have no effect on your current tax status with the federal, state or any other entity. The reason for this is an overseas voter is someone who claims residency outside the United States, and for purposes of this act, the CNMI is outside the United States. The person is allowed to vote in the last location they were eligible to vote in the United States, but they don’t register there under the act and they don’t claim residency there. The act is designed to allow American citizens to continue to exercise their right to participate in only federal elections even though they do not claim residency within the United States. Unlike local and state officials, federal officials represent all American citizens regardless of where they claim residency.
Since the Overseas Voters Act specifically defines an overseas voter as someone who would qualify to vote in the United State in the last place they resided except they don’t claim residency there anymore, losing your CNMI residency by voting under the Overseas Voters Act is not really a valid concern.
Jeffrey A. Moots
Sadog Tasi
