Legal: voting and residency

  • Published
  • 17th Training Wing Legal Office
GOODFELLOW AIR FORCE BASE, Texas- --  "Don't blame me...I voted for the other guy!" We've all seen bumper stickers to this effect, some that can be very entertaining, others that are downright offensive, and others still that utilize colorful language.

Political affiliation aside, these types of comments are meant to inspire readers to consider the issue at hand and perhaps make their opinion known via their ballot. If the buzz around the upcoming elections has you considering your right to vote, you should fully understand your options.

This article provides voting residency guidelines for military members and their family to help determine what state you are eligible to vote in. First of all, members must keep in mind that Uniformed Service personnel and their family members may not arbitrarily choose which state to declare as their legal voting residence without meeting the state's residency requirement. The following are basic guidelines to follow in determining residency for military personnel and their family members:

1. You must have or have had physical presence in the state and simultaneously the intent to remain or make the state your home or domicile.

2. You may only have one legal residence at a time.

3. You must make a conscious decision to change residency; it cannot be done accidentally. There must be specific actions which may be interpreted as conscious decisions. These decisions often include registering to vote, registering a car, paying state income taxes where applicable, obtaining a driver's license in the state, payment of personal property tax in the state, completing a DD Form 2058 (change of domicile) for military records, written intent to abandon previous domicile and establish it in new state, etc.

Once you establish your residency, you can take the necessary steps to vote in any and all local, state, and national elections.

The Federal Voting Assistance Program can help Uniformed Service members and their family members request absentee ballots. Its website is www.fvap.gov. Additionally, under the Air Force Voting Assistance Program, a Voting Assistance Officer is available to assist with general questions and absentee ballots.

Please keep in mind that many states require you to submit individual requests for every election--in the case of cities, counties and/or states holding primary elections for various positions, this may mean submitting multiple requests in the same calendar year. Your individual city or county clerk's office can help you understand the specific circumstances regarding your municipality's voting and election calendars.

While the Air Force encourages you to exercise your right to vote, remember that this right does not extend to campaigning or participating in election activities. If you have any questions about these limitations, please contact the legal office at 325-654-3203.