[Author]1
This numbered memo provides guidance on certain changes to the legal requirements and processes for military and overseas voters, as well as the administrative procedures for counties processing absentee ballot requests and ballots from military and overseas voters.
Background
Military voters and citizens living abroad, referred to as “covered voters,” may register to vote and request a ballot through processes provided by a federal law known as the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”), 52 U.S.C. §§ 20301 – 20311. UOCAVA is implemented in state law through Article 21A of Chapter 163 of the General Statutes. In North Carolina, a “covered voter” is an individual who is qualified to vote and either (1) a member of the military, or a spouse or dependent of the member of the military; or (2) a citizen of the United States who is outside the United States.2
State law provides that covered voters can use what are known as the Federal Postcard Application (FPCA) or Federal Write-in Absentee Ballot (FWAB) for different parts of the voting process.3 The FPCA can be used to register to vote and request a ballot, and the FWAB can be used to register to vote, request a ballot, and submit a ballot. The State Board’s Military/Overseas Voter Services Portal (“the Portal”) provides an electronic equivalent of the FPCA.
On April 11, 2025, the Supreme Court of North Carolina issued a decision in an election protest brought by a judicial candidate which addressed certain eligibility and voting requirements for covered voters. The court decided that (1) covered voters are required to comply with the photo ID requirement when submitting their ballot for state and local contests, and (2) voters who have never resided in North Carolina are not eligible to vote in state and local contests. On June 5, 2026, a Wake County Superior Court trial judge entered an order decreeing that “Persons who have never resided in North Carolina and who are only eligible to register and vote in North Carolina because they satisfy the definition of a ‘covered voter’ in N.C. Gen. Stat. § 163-258.2(1)(e) of North Carolina’s Uniform Military and Overseas Voters Act are not eligible to register and vote in any North Carolina election contest, including state or federal contests.”4 The impact of these court decisions is discussed below.
Photo ID Requirement
Generally, when a covered voter requests an absentee ballot, the UOCAVA procedures in Article 21A apply to that ballot request, unless the covered voter specifically chooses to vote by absentee ballot using the regular civilian procedures in Article 20.5 Under the court’s decision, all covered voters must comply with the photo ID requirement in N.C.G.S. § 163-230.1 for state and local contests, even if voting under the UOCAVA procedures of Article 21A.6 Therefore, starting with the 2025 municipal elections, covered voters must submit either an acceptable photocopy of a photo ID or a completed Photo ID Exception Form with their ballot, in order for their votes in state and local contests to count.
Covered voters who request a ballot via an FPCA, either using the paper form or the Portal, are provided with instructions in their UOCAVA ballot packet on how to comply with the photo ID requirement, along with a blank Photo ID Exception Form. This is the same process county boards already follow for domestic civilian voters who request an absentee ballot. The instructions in the Federal Voting Assistance Program’s Voter Assistance Guide have been updated so that covered voters are made aware of this requirement when submitting an FWAB.
Staff Review for Photo ID Documentation Deficiencies
Covered voters using the Portal to electronically return their ballot will upload an image of their acceptable photo ID or complete a Photo ID Exception Form in the Portal. If the voter submits their ballot by mail, email, or fax, then they must include a photocopy of their photo ID or the Photo ID Exception Form provided in their ballot packet. If the voter uses an FWAB as their ballot, they will either need to include a photocopy of their photo ID or contact their county board of elections to request a Photo ID Exception Form to include with their ballot.
When a county board receives a UOCAVA ballot or an FWAB, staff must confirm that photo ID documentation is included and review it for acceptability under N.C.G.S. § 163-230.1 and 08 NCAC 17 .0109, just as staff does now for civilian absentee voters. Staff shall follow the guidance in Numbered Memo 2021-03 regarding photo ID documentation deficiencies. If staff identify a deficiency, the county board shall proceed with the voter notification and cure process outlined in that Numbered Memo. The covered voter may then submit their cure documentation by email, by mail or commercial carrier, in person, or by fax. The Portal is not designed to accept cure documentation by itself.
Cure Deadline
If the ballot has a photo ID deficiency, then the voter must cure their photo ID deficiency by the deadline to do so in N.C.G.S. § 163-230.1(e1) to have their votes counted in state and local contests, because that is the cure deadline established in the absentee photo ID statute.7 If a covered voter with a photo ID deficiency fails to cure the deficiency by the cure deadline, then the county board shall not count the covered voter’s votes in any state or local contests,8 but shall count their votes in any federal contests on their ballot.
If a timely transmitted ballot is received after the cure deadline but before the delivery deadline, then the county board is not required to proceed with the notice and cure process because the cure deadline has already passed.
Overseas Citizens Who Have Never Resided in North Carolina
A provision of Article 21A allows certain citizens who were born outside of the United States and have never resided in the United States to qualify as a covered voter and use a parent’s voting residence as their own to register to vote and request a ballot. These voters must meet the following requirements in the statute:9
- Except for residency, they are eligible to register and vote in North Carolina.
- The last place their parent or legal guardian lived before leaving the United States is within North Carolina.
- They have not previously registered to vote in any other state.
These voters indicate they are a covered voter under this provision by checking the fourth checkbox on the FPCA or FWAB that states “I am a U.S. citizen living outside the country, I have never lived in the United States.” These voters may also indicate they are a covered voter under this provision by checking the box on the civilian absentee request form indicating they “are outside of the U.S. and have never resided in N.C."
Due to the court decisions referenced above that made inapplicable this definition of a covered voter, these voters are not eligible to vote in North Carolina, unless they qualify under another definition of a “covered voter” (e.g., they are a spouse of a member of the military).
Notice to “Never Resided” Voters
When a county board receives an FPCA or FWAB,10 staff shall review the form to determine whether the “never resided” checkbox is checked.11 If it is, the county board shall send a written notice to the voter explaining that they are not eligible to register and vote in North Carolina due to having never resided in the state, and providing instructions on how to submit a corrected request, if needed.
The written notice shall be sent to the voter by regular mail and email, if the voter has provided an email address, within two business days of receipt of the FPCA or FWAB. If the voter responds to the email before the notice has been placed in the mail, then the notice does not need to be mailed.
For overseas voter ballot requests that are already pending for the 2026 general election, including those submitted in 2025 that are standing requests for elections in 2026 under N.C.G.S. § 163-258.15(b), county board staff shall review the FPCA or FWAB used to make the request, determine whether the fourth checkbox was checked, and if so, send the written notice. These review and notice actions must be taken no later than two business days before the start of the absentee period for the general election.12
Correcting a "Never Resided" Status
If the requester responds to the notice that they made a mistake in checking the box and should have checked one of the other boxes (i.e., that they qualify under a different definition of a covered voter), then the county board must inform the voter that they may submit a new ballot request
The requester may submit their corrected request form by email, by mail or commercial carrier, by fax, or through the Portal. The corrected request must be received by 5:00 pm on the day before the election to be timely and a ballot be issued.13 If the corrected request is received after that time, it is too late to transmit the ballot, and the request must be denied.
↓ Changes to Voting for Military and Overseas Voters: Numbered Memo 2025-01 (PDF)
- 1
This memo was approved by a vote of the State Board on July 21, 2025.
- 2
N.C.G.S. § 163-258.2. North Carolina law does not require that a covered voter, when that voter is a member of the military or spouse or dependent, be located outside of the United States to use the processes in Article 21A for registering and voting. A military voter may use these voting procedures even if they are located in North Carolina.
- 3
N.C.G.S. § 163-258.6(a) and (b). The FPCA is available at https://www.fvap.gov/uploads/FVAP/Forms/fpca.pdf. The FWAB is available at https://www.fvap.gov/uploads/FVAP/Forms/fwab.pdf.
- 4
The Supreme Court of North Carolina’s 2025 decision can be accessed here, and the trial court’s 2026 order can be accessed here.
- 5
See N.C.G.S. § 163-258.7(f) (“This Article does not preclude a covered voter from voting an absentee ballot under Article 20 of this Chapter.”).
- 6
This decision also means that 08 NCAC 17 .0109(d), which stated covered voters are not required to comply with a photo ID requirement, is unenforceable with respect to voting in state and local contests.
- 7
N.C.G.S. § 163-230.1(e1).
- 8
N.C.G.S. § 163-234(1) (“An absentee ballot returned in an executed container-return envelope containing a deficiency listed in G.S. 163-230.1(e) shall be counted if documentation curing the deficiency is timely received by the county board in accordance with the requirements of G.S. 163-230.1(e).”).
- 9
N.C.G.S. § 163-258.2(1)e.
- 10
When a county board receives a civilian absentee request form that is being used to request a military and overseas ballot, staff shall review the form to determine whether the “never resided” checkbox is checked and proceed with the same process used for voters who submit an FPCA or FWAB.
- 11
County board staff will also receive an alert in SEIMS when processing the request, if the county board user selects that the voter checked the “never resided” box.
- 12
The absentee period is set by N.C.G.S. § 163-258.9(a) and begins on September 4, 2026, for the 2026 general election. If a county board determines that a “never resided” voter was mistakenly issued a ballot, then the county board shall proceed with the notice process and, if necessary, the correction process in accordance with Section 3.2 of this memo.
- 13
N.C.G.S. § 163-258.8.