Senate Approves Cervantes’ Bill Protecting Military & Overseas Voters’ Right to Vote

(SACRAMENTO) – On Wednesday, Senate Bill 970 by Senator Sabrina Cervantes (D-Riverside), which will facilitate the ability of U.S. military personnel deployed overseas and Americans living abroad to cast their ballots, was approved on the Senate Floor by a vote of 29-1.

“At the core of our democratic ideals is the idea that all lawfully registered voters should be able to exercise their right to vote, regardless of whether they are currently residing in the United States or not. This, of course, is an incredibly salient issue for overseas voters and voters who are currently deployed abroad as members of the U.S. Armed Forces,” Senator Cervantes said. “If the federal government will not do its part to ensure these voters can cast their ballots, then California must step up. Senate Bill 970 would require the Secretary of State to work with stakeholders to create a process to allow military and overseas voters to vote in a manner that balances security and our sacred right to vote.” 

In 1986, Congress enacted the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986, which required states to allow military and overseas voters to vote by absentee ballot in federal elections. In 1990, during the Gulf War, the federal government initiated the Electronic Transmission Service (ETS), which allowed military voters to submit their absentee ballots by fax to overcome the considerable barriers to returning them by mail from the Middle East. In 2003, during the War on Terror, ETS transitioned to an email-to-fax system.

The enactment of the Military and Overseas Voter Empowerment (MOVE) Act by Congress in 2009 expanded the population of voters eligible for FVAP to include American citizens living overseas. In 2018, the Electronic Transmission Service was narrowed to the DOD Fax Service, which allowed military and overseas voters to submit their ballots using an email-to-fax system only if their home states did not accept documents by email. Unfortunately, in August 2025, the federal government announced it would be terminating the DOD Fax Service. 

According to a 2004 Department of Defense survey, 1 in 7 members of the U.S. Armed Forces did not receive a mail ballot in time to vote or did not receive a ballot at all. The problem has only worsened because in March, the U.S. Postal Service announced that it was terminating mail service to several countries, including many where the U.S. Military maintains bases. This leaves Californians in these countries with fax as the only means of returning their ballots. This means that a sailor aboard the U.S.S. Abraham Lincoln, which is currently deployed to the North Arabian Sea, may not be able to return a ballot in time for the June primary election because they are from Riverside, even though their bunkmate from Las Vegas would be able to because of the additional options to vote provided to military and overseas voters by the State of Nevada. Senate Bill 970 will help correct this inequity and provide military and overseas voters with more options to cast their ballots.

You can find more information about SB 970 here. The bill will now be referred to an Assembly policy committee for consideration.

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