1. Can I vote in state elections if I live outside the US?
As an overseas voter, you need to send in the Federal Post Card Application (FPCA) to request a ballot (and register to vote if necessary). You choose your voter category on the form. If you're a civilian overseas voter, then your choices are: "I intend to return" or "my intent to return is uncertain." Some states also provide an option for "I've never lived in the US." (For more information about these categories, see: "Should I choose 'I intend to return' or 'My intent to return is uncertain'?")
After your state receives and accepts your FPCA, your state will send a ballot listing all the races you're eligible to vote in. All US overseas voters have the right to vote for federal offices (that is, for President, US Senate and US House of Representatives).
However, each state decides if some or all of its overseas voters may vote in state elections (such as Governor, state legislature and ballot measures), based on which voter category you choose:
- If you indicate on your FPCA that you "intend to return": Every state will send a ballot that includes state elections.
- If you indicate on your FPCA that your "intent to return is uncertain": 33 states will send a ballot that includes state elections. The remaining 18 states will send "return uncertain" and “never lived in the US” voters a ballot with federal elections only.
The states that do not provide a state ballot to "return uncertain” and “never lived in the US” voters are:
Alaska, Arizona, Connecticut, Delaware, Florida (some counties), Georgia, Illinois, Indiana, Maryland, Minnesota, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Wisconsin, and Wyoming.
*Note: Registering to vote does not change your tax status. But selecting “intend to return” rather than “my return is uncertain” may be one of several factors your state uses to determine whether you may be subject to state income tax. (Eight states — Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington, and Wyoming—do not impose a state income tax.) Before you note that you “intend to return” on your form, you may consider seeking advice on these matters from a tax professional.
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