Department of Defense INSTRUCTION - FVAP.gov

1 Department of Defense INSTRUCTION NUMBER September 13, 2012 incorporating change 1, December 1, 2017 USD(P&R) SUBJECT: Federal Voting Assistance Program (FVAP) References: See Enclosure 1 1. PURPOSE. This INSTRUCTION : a. Reissues DoD Directive (DoDD) (Reference (a)) as a DoD INSTRUCTION in accordance with the authority in DoDD (Reference (b)) to establish policy and assign responsibilities for the FVAP in accordance with Executive Order 12642 (Reference (c)) and sections 1973ff 1973ff-7 of title 42, United States Code ( ) (also known and hereinafter referred to as The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) (Reference (d))). b. Establishes policy and assigns responsibilities for the development and implementation of installation voter assistance (IVA) offices in accordance with section 1566a of title 10, (Reference (e)). c. Establishes policy and assigns responsibilities for the development and implementation, jointly with each State, of procedures for persons to apply to register to vote at recruitment offices of the Military Services in accordance with section 1973gg-5 of Reference (d).

2 D. Incorporates and cancels DoDD (Reference (f)) and Directive-Type Memorandum 10-021 (Reference (g)). 2. APPLICABILITY. This INSTRUCTION applies to: a. OSD, the Military Departments (including the Coast Guard at all times, including when it is a Service in the Department of Homeland Security by agreement with that Department ), the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (hereinafter referred to collectively as the DoD Components ). DoDI , September 13, 2012 change 1, 12/1/2017 2 b. The Commissioned Corps of the Public Health Service (PHS), under agreement with the Department of Health and Human Services, and the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA), under agreement with the Department of Commerce.

3 C. Other Federal Executive departments and agencies with employees assigned outside the United States that provide assistance to the FVAP pursuant to section 1973ff(c) of Reference (d). 3. DEFINITIONS. See Glossary. 4. POLICY. It is DoD policy that: a. The FVAP shall ensure that eligible voters receive, pursuant to section 1973ff of Reference (d), information about registration and voting procedures and materials pertaining to scheduled elections, including dates, offices, constitutional amendments, and other ballot proposals. b. The right of citizens to vote is a fundamental right that is afforded protection by the Constitution. Every eligible voter shall: (1) Be given an opportunity to register and vote in any election for which he or she is eligible. (2) Be able to vote in person or by absentee. c. All persons assisting in the voting process shall take all necessary steps to prevent discrimination, fraud, intimidation or coercion, and unfair registration and voting assistance procedures.

4 This includes, but is not limited to, preventing actions such as: (1) Using military authority to influence the vote of any other member of the uniformed services or to require any member to march to any polling place or place of voting as proscribed by sections 592, 593, and 609 of title 18, (Reference (h)). This INSTRUCTION does not, in any way, prohibit free discussion about political issues or candidates for public office as discussed in Reference (h) . (2) Polling any member of the uniformed services before or after he or she votes, as proscribed in Reference (h) . d. The FVAP shall conduct official surveys authorized by section 1973ff of Reference (d) to report to the President and the Congress on the effectiveness of the assistance provided to eligible voters (including a separate statistical analysis of voter participation and a description of Federal-State cooperation). DoDI , September 13, 2012 change 1, 12/1/2017 3 e. DoD personnel involved in assisting in the voter registration or absentee voting process shall use the names of persons applying or declining to register to vote only for voter registration purposes and shall not release such information for any other purpose.

5 F. Military or civilian personnel employed in recruitment offices of the Military Services shall be subject to the restrictions outlined in this INSTRUCTION . g. An installation commander may permit non-partisan voter registration activities on an installation by State and county officials, or groups recognized in accordance with section 501(c)(19) of the Internal Revenue Code (Reference (i)), subject to all applicable military installation rules and regulations governing such activities on military installations. 5. RESPONSIBILITIES. See Enclosure 2. 6. PROCEDURES. See Enclosures 3, 4, and 5. 7. INFORMATION COLLECTION REQUIREMENTS. There are three information collection requirements in this INSTRUCTION . a. Federal Voting Assistance Program Survey. This survey as referred to in paragraphs g. and k. of Enclosure 3 is submitted to Congress in accordance with Public Law (PL) 111-84 (Reference (j)) and is coordinated with the Office of the Assistant Secretary of Defense for Legislative Affairs (OASD(LA)) in accordance with DoDI (Reference(k)).

6 B. Report on Voting Assistance Metrics. This quarterly report as referred to in paragraph m. of Enclosure 3 has been assigned Report Control Symbol DD-P&R(Q)2346 in accordance with the procedures in DoD Volume 1 and Volume 2 of DoD Manual The expiration date of this information collection is listed in the DoD Information Collections System at c. Voter Registration Information. This information collection as referred to in subparagraph ( 5) of Enclosure 4 is in accordance with section 1973gg of Reference (d). 8. RELEASABILITY. UNLIMITED. This INSTRUCTION is approved for public release and is available on the Internet from the DoD Issuances website at Cleared for public release. This INSTRUCTION is available on the Directives Division Website at DoDI , September 13, 2012 change 1, 12/1/2017 4 9. EFFECTIVE DATE. This INSTRUCTION : is effective September 13, 2012 . a. Is effective September 13, 2012 . b. Must be reissued, cancelled, or certified current within 5 years of its publication in accordance with DoD INSTRUCTION (Reference (m)).

7 If not, it will expire effective September 13, 2022 and be removed from the DoD Issuances Website. Erin C. Conaton Under Secretary of Defense for Personnel and Readiness Enclosures 1. References 2. Responsibilities 3. FVAP Procedures 4. DoD Component and Uniformed Services Procedures 5. Executive Department and Agency Procedures Glossary DoDI , September 13, 2012 change 1, 12/1/2017 5 CONTENTS TABLE OF CONTENTS ENCLOSURE 1: REFERENCES ..6 ENCLOSURE 2: RESPONSIBILITIES ..7 UNDER SECRETARY OF Defense FOR PERSONNEL AND READINESS (USD(P&R)) ..7 DIRECTOR, DoDHRA ..7 IG CHIEF OF THE NATIONAL GUARD BUREAU ..8 HEADS OF THE DoD COMPONENTS AND THE UNIFORMED SERVICES ..8 COMBATANT ENCLOSURE 3: FVAP PROCEDURES ..9 ENCLOSURE 4: DoD COMPONENT AND UNIFORMED SERVICES PROCEDURES ..12 ENCLOSURE 5: EXECUTIVE Department AND AGENCY PROCEDURES ..20 GLOSSARY ..21 PART I: ABBREVIATIONS AND ACRONYMS ..21 PART II: DEFINITIONS ..21 DoDI , September 13, 2012 change 1, 12/1/2017 6 ENCLOSURE 1 ENCLOSURE 1 REFERENCES (a) DoD Directive , Federal Voting Assistance Program (FVAP), April 14, 2004 (hereby cancelled) (b) DoD Directive , Under Secretary of Defense for Personnel and Readiness (USD(P&R)), June 23, 2008 (c) Executive Order 12642, Designation of the Secretary of Defense as the Presidential designee Under Title I of the Uniformed and Overseas Citizens Absentee Voting Act, June 8, 1988 (d) Sections 1973ff 1973ff-71 and 1973gg 1973gg-102 of title 42, United States Code (e) Sections 1566 and 1566a of title 10, United States Code (f) DoD Directive , Implementation of the National Voter Registration Act (NVRA), November 16, 1994 (hereby cancelled) (g) Directive-Type Memorandum 10-021, Guidance in Implementing Installation Voter Assistance Offices (IVAOs), November 15, 2010 (hereby cancelled) (h)

8 Sections 592, 593, 596, 607, 608 and 609 of title 18, United States Code (i) Section 501(c)(19) of the Internal Revenue Code (j) Public Law 111-84, National Defense Authorization Act for Fiscal Year 2010, October 28, 2009 (k) DoD INSTRUCTION , DoD Policy for Congressional Authorization and Appropriations Reporting Requirements, December 19, 2008 (l) DoD , Department of Defense Procedures for Management of Information Requirements, June 30, 1998 (l) DoD Manual , Volume 1 and 2, DoD Information Collections Manual: Procedures for DoD Internal Information Collections, June 30, 2014, as amended (m) DoD INSTRUCTION , DoD Directives Program, October 28, 2007 (nm) Section 1604 of Public Law 107-107, The National Defense Authorization Act for Fiscal Year 2002, December 28, 2001 (on) Section 567 of Public Law 108-375, The National Defense Authorization Act for Fiscal Year 2005, October 28, 2004 (po) DoD , Department of Defense Postal Manual, August 15, 2002 (qp) Federal Voting Assistance Program, Voting Assistance Guide (VAG)3 (r) Joint Publication 1-02, Department of Defense Dictionary of Military and Associated Terms, current edition (q) Office of the Chairman of the Joint Chiefs of Staff, DoD Dictionary of Military and Associated Terms, current edition 1 Sections 1973ff - 1973ff-7 are also known as The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)

9 2 Sections 1973gg - 1973gg-10 are also known as The National Voter Registration Act (NVRA) 3 The Voting Assistance Guide is produced biennially in odd-numbered years and is available in printed form from the Federal Voting Assistance Program, or electronically at DoDI , September 13, 2012 change 1, 12/1/2017 7 ENCLOSURE 2 ENCLOSURE 2 RESPONSIBILITIES 1. UNDER SECRETARY OF Defense FOR PERSONNEL AND READINESS (USD(P&R)). The USD(P&R) shall: a. Execute the responsibilities of the Presidential designee in accordance with Reference (b). b. Administer the FVAP in accordance with References (c), (d), and (e). c. Coordinate and implement actions that may be necessary to discharge Federal responsibilities assigned in References (b), (c), (d), and (e), section 1604 of PL 107-107 (Reference (nm)), and section 567 of PL 108-375 (Reference (on)). d. Develop policy and procedures to implement DoD responsibilities under section 1973gg-5 of Reference (d) (also known as The National Voter Registration Act (NVRA).)

10 E. Grant or deny any hardship exemption waivers submitted by a State pursuant to section 1973ff-1(g) of Reference (d) (after consultation with the Attorney General s designee) and inform the State of the results of the waiver request. f. Ensure that the Director, Department of Defense Human Resources Activity (DoDHRA) designates a civilian Director of the FVAP, who shall be responsible for all aspects of the FVAP and shall have the necessary authority to administer that responsibility, as described in Enclosure 3. 2. DIRECTOR, DoDHRA. The Director, DoDHRA, under the authority, direction, and control of the USD(P&R), shall: a. In coordination with the USD(P&R), designate an office by name for the execution of the FVAP. b. Ensure that the Director, FVAP carries out the responsibilities identified in Enclosure 3. 3. IG DoD. The IG DoD, in addition to the responsibilities in section 5 of this enclosure, shall: a. Submit to Congress a report in accordance with section 1566 (c)(3) of Reference (e).