Note: To search for a specific word or phrase, use Ctrl + F.
What is UOCAVA?
The acronym stands for Uniform and Overseas Citizens Absentee Voting Act, (pronounced yoo-uh-kah-vuh by most) which is a federal law. In 2014, special districts were added to the list of local governments required to send ballots to those eligible electors of the special district who are UOCAVA voters.
UOCAVA voting occurs in both polling place and mail ballot elections.
C.R.S. § 1-8.3-103(1)(d)
How are UOCAVA voters found?
The County Clerk and Recorder for each county in which the special district is located will provide a list of the resident registered voters of the special district who are UOCAVA voters.
The special district will also obtain a statewide list of all UOCAVA voters from the Secretary of State to determine if any of the special district’s non-resident property owners are UOCAVA voters and therefore must also receive a UOCAVA ballot – depending on the type of election.
The independent mail ballot section of the Local Government Election Code, Part 11 of Article 13.5, specifies that mail ballot elections use the Clerk & Recorder’s list of covered resident electors; but other election types (polling place, coordinated) are left ambiguous.
Thus, polling place, and coordinated elections, must review the Assessor’s list for UOCAVA voters in addition to the Clerk’s list.
1-13.5-1103(4), 1-8.3-102
When and how are UOCAVA ballots sent?
Ballots are sent to each UOCAVA voter at least 45 days prior to the election via the preferred method of delivery for each UOCAVA voter (mail, fax or email).
How are UOCAVA ballots cast by the voter?
Each UOCAVA voter can return their ballot by either mail, fax or email.
C.R.S. § 1-8.3-113(1)
The voted ballot must be postmarked or sent electronic or by fax no later than 7PM on election day. If postmarked or sent by that time, ballots arriving up to 8 days after the election date (close of business), shall be counted if the voter affidavit has been executed by the elector.
C.R.S. § 1-8.3-111, 113