Americans Abroad: The Challenge of a Globalized Electorate
The following essay was written by
Taylor E. Dark III, Ph.D., and
published in October 2003 while Dark was associate dean in the
Graduate School of American Studies at Doshisha University in
Kyoto, Japan. Dark is the author of The Unions and the
Democrats: An Enduring Alliance, Updated Edition (Ithaca:
Cornell University Press, 2001) and has previously published
articles on electoral politics in Party Politics, Political
Science Quarterly, Polity, and Presidential Studies Quarterly.
He can be contacted at:
td@taylordark.com.
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No nation today can be seen as a people living just
within the boundaries of a state—all nations, instead, are
global in the sense that, even though they have a homeland, many
of their members live scattered around the globe. —Fred Riggs
(2000)
Although few political scientists would care to dispute this
proposition, almost none have considered it relevant for
understanding the situation of the American nation, which is
usually seen as snugly contained within the formal territory of
the U.S.A. It is only the fate of more unfortunate nations, most
political scientists would concur, to see their members
dispersed across one or more states that are not their own;
possessing their own large homeland, American citizens abroad do
not and cannot form a “diaspora” in this sense.1
Nonetheless, some estimates put the number of Americans
living abroad at more than six million—a quantity that would
make the overseas population larger than that of any of the 24
smallest states. Call it a diaspora or not, there is no doubt
that a very large number of U.S. citizens, most of whom have
voting rights in U.S. elections, are now living outside the
legal boundaries of the country for long periods of time. The
existence of this constituency poses a novel empirical,
theoretical, and normative challenge for the study of U.S.
politics; one that is likely to grow in importance in the years
ahead.
For many observers, the potential importance of the overseas
vote was first revealed on the evening of November 7, 2000, as
the results of that day’s presidential election were
announced. It soon became evident that the late overseas
absentee ballots in Florida (those which would be arriving over
the next 10 days), could potentially swing the state, and the
election as a whole, to either of the two presidential
candidates. As the days slowly ticked by until November 17,
spokesmen for the overseas branches of the Democratic and the
Republican parties each maintained that the late ballots would
tilt the election in their direction. “We’re the party’s
secret weapon,” said the executive director of Republicans
Abroad, who claimed the overseas vote was composed largely of
military personnel and affluent business people (Gay 2000).
Democrats, in contrast, foresaw a more liberal tilt produced
by students, teachers, and retirees (not to mention the large
number of Floridian Jews living in Israel). “There is no way
that the overseas vote is predominantly military,” said the
executive director of Democrats Abroad, and the group’s
chairperson surmised that “the overseas population is pretty
much a mirror image of the population back home in the United
States” (Fina 2000a; CNN 2000).
But when the final election results came in, Republican
nominee George W. Bush secured a solid majority of the
late-arriving overseas ballots (or at least those which were
accepted by county election authorities), thus putting him over
the top both in the state’s tally and in the national contest
for an electoral vote majority (Table 1).
In the aftermath of this apparently decisive result,
speculation about the nature of the overseas community was put
aside by the media, and further discussion of the demographics
of the population, as well as the various issues raised by the
nature of its political involvement, was again postponed.
For the scholarly community, however, some fascinating
questions were left unanswered. Just how many Americans live
overseas, and what are the key characteristics of this
population? How many of these citizens vote, and whom do they
vote for? Does the electoral behavior of these voters reflect
their residency in foreign lands and, if so, does this
constitute a threat to U.S. sovereignty? And what is the impact
of the rise of a “globalized electorate” on our existing
legal frameworks for absentee voting and campaign finance?
Unfortunately, the aim here cannot be to definitively resolve
these issues, for that task remains impossible given the
limitations of current data. Rather, the goal is to identify the
boundaries of current knowledge and lay out the research
challenges this subject now poses for students of American
electoral politics. Ultimately, the dispersion of U.S. citizens
across many nation-states, from which they continue to
participate in American politics, raises profound questions
about the relationship of territoriality and citizenship in a
rapidly globalizing world (Pickus 1998).
Such questions have usually been considered the domain of
specialists in comparative politics, but the evidence here shows
they now have a growing and inescapable relevance to the study
of American domestic politics as well.
The First Challenge: Counting Americans Abroad
Ascertaining the true size and demographic characteristics of
the overseas population has proven to be an exceptionally
difficult task; in truth, no one has any unimpeachable data on
this population as a whole. The biggest obstacle in this quest
is that no agency of the United States government currently
takes responsibility for counting the overseas population or
even recording how many Americans formally emigrate to other
countries. At the same time, few foreign countries accurately
monitor or report the national origins of visitors who are not
formal immigrants (Mills 1993).
While there have been sporadic attempts by both the U.S.
Census Bureau and the U.S. Department of State to develop a
tally of Americans overseas, these efforts are universally
recognized as inadequate. The one group of overseas Americans
that the Census Bureau does reliably count is military personnel
and other federal employees (Mills 1993). These individuals are
easy to find and their overseas status can be effectively veri-
fied using existing government records, in marked contrast to
civilians abroad, who are under no legal requirement to report
their whereabouts to either the State Department or census
authorities.2 If Americans abroad cannot be found, they
certainly cannot be counted.
The first challenge for political science research,
therefore, is to achieve a better count of the overseas
population, either in cooperation with government agencies or
through private initiatives. Despite the obstacles, the Census
Bureau has on two occasions tried to count overseas Americans.
In the 1960 and 1970 censuses, the bureau sought to enumerate
private U.S. citizens living abroad for “an extended
period,” but relied on overseas Americans voluntarily making a
trip to a local U.S. embassy or consulate to fill out census
forms. Although the bureau asked foreign service personnel to
use all means possible to contact overseas Americans, reports
indicate that few citizens abroad even heard of the census and
even fewer bothered to complete the requisite forms (Mills
1993).
In the aftermath of this failure, the bureau made no further
efforts to count private U.S. citizens abroad, citing “serious
concerns about our inability to validate responses and the
operational complexity of such a worldwide enumeration”
(Prewitt 1999). An accurate tally of overseas Americans, bureau
officials contended, would require specific funding, major
technological and administrative preparations, and extensive
field trials.
In the absence of the above requirements, the only overseas
Americans officially recorded in the last three censuses
(1980–2000) were federal employees (including military
personnel) and their dependents. In 2000, active duty military
personnel serving abroad numbered 263,072, along with 194,521
family members and 86,673 Department of Defense civilian
employees—a total of 544,266 (U.S. Department of Defense
2000). In addition, 31,171 individuals abroad were civilian
employees (and their dependents) of the State Department and
other federal agencies (including the Peace Corps) (U.S.
Department of State 2001). In total, nearly 576,000 citizens
were abroad in 2000 as federal employees or their dependents
(U.S. Bureau of the Census 2000).
The State Department has also tried to count the overseas
population, preparing estimates on a country-by-country basis of
the number of Americans resident abroad. These figures are
deeply flawed, however, because they are based on the number of
Americans who voluntarily register at a consulate or embassy,
and most citizens have little incentive to do so, especially in
advanced industrial countries. Due to the unscientific nature of
the State Department procedures, estimates of the number of
civilians overseas have varied wildly, jumping from 2.2 million
in 1989 to 6.3 million in 1992, and then down to 2.6 million in
1993 (U.S. Bureau of the Census 1989; 1992; 1993). In 1999, the
State Department released figures indicating that 3.8 million
Americans were living abroad (see Table 2 for a partial
breakdown by country) (U.S. Department of State 2001).
Perhaps a better measure of the size and growth of the
long-term overseas population could be found in a different
State Department indicator: the number of passports issued to
citizens already located abroad. Remarkably, this figure has
nearly doubled in the last decade, from 3.6 million to more than
seven million (Nadeau 2003).
Despite their many problems, currently available statistics
do allow two conclusions. First, the total size of the overseas
population is far from negligible, probably numbering somewhere
between three and as many as seven million if we take the State
Department figures as starting points. Since it is evident that
the department’s methods of enumeration err toward
underestimating the total population, the true figure is likely
to be closer to the upper end of the range.
Second, despite suggestions to the contrary during the
controversy over the Florida election returns, those affiliated
with the military are, at 544,000, only a small percentage of
the total U.S. population overseas.
However, in the absence of hard data on who votes from
abroad, or even the total size of the overseas electorate, we
can only guess what percentage of the overseas vote comes from
citizens with a military affiliation. Democratic activists have
speculated that such “military” votes compose less than 10%
of the total, while Republican spokesmen have suggested that
they may constitute 40% or more (Fina 2000b; Jones 2000).
If we are to say anything more definitive about this
population, political scientists and other scholars will need
help from government agencies. The most important reform would
be the inclusion of overseas residents in the 2010 census. Both
of the overseas party organizations, Democrats Abroad and
Republicans Abroad, have endorsed such a change, as have other
groups of U.S. citizens abroad. In response, the Census Bureau
has announced that it will conduct test censuses in France,
Kuwait, and Mexico in 2004 as the first step toward determining
the feasibility of counting all Americans in the 2010 Census.
This decision raises another thorny issue, however, which is
whether a tally of Americans abroad should be used for purposes
of legislative apportionment 734 PS October 2003
Table 1 Florida Presidential Vote, November 7, 2000
Domestic votes and on-time overseas votes
George W. Bush 2,911,215
Albert Gore 2,911,417
Late overseas votes
George W. Bush 1,575
Albert Gore 836
Total
George W. Bush 2,912,790
Albert Gore 2,912,253
Note: Final Results as Certified by Florida Secretary of
State, November 26, 2000. Source: Florida Secretary of State.
Table 2 Private U.S. Citizens Residing Abroad
(Estimated) in Top 15 Countries by American Population, July
1999
1. Mexico 1,036,300
2. Canada 687,700
3. United Kingdom 224,000
4. Germany 210,880
5. Italy 168,967
6. Philippines 105,000
7. Australia 102,800
8. France 101,750
9. Spain 94,513
10. Israel 94,195
11. Dominican Republic 82,000
12. Greece 72,500
13. Japan 70,350
14. China 65,157
15. Ireland 46,984
Total 3,163,006
Note: This list does not include U.S. government (military
and nonmilitary) employees and their dependents, nor does it
provide a full count of all U.S. citizens living in each
country. Source: Bureau of Consular Affairs, U.S. Department of
State. and redistricting.
The issue was brought into the federal courts in 2000, when
Utah filed suit against the Census Bureau charging that the
bureau’s calculation of state populations was erroneous
because it did not include Mormon missionaries living abroad,
yet did include federal employees overseas. The result of the
bureau’s method, Utah claimed, was the loss of a seat in
Congress that was rightfully its own. As an alternative, the
state proposed any one of three procedures: count all Americans
temporarily residing abroad; count none; or count those who,
like Mormon missionaries, had retained their ties to their home
states and could readily be traced through administrative
records.
In April 2001, Utah’s case was rejected by a special
three-judge federal district court which held that there was no
constitutional or statutory basis for the challenge, and the
following November the Supreme Court unanimously affirmed the
lower-court decision without opinion.
For its part, the bureau is unlikely to endorse the use of
overseas census results for apportionment purposes unless it can
be confident that the count is sufficiently accurate to
withstand legal challenge. For the social science community,
however, even a count that is not legally binding will prove
vastly superior to the data that we now possess.
The Second Challenge: Measuring the Voting Behavior
of Overseas Americans
Given the difficulty in determining the exact size of the
overseas community, it should come as no surprise that the
voting behavior of this group also remains mysterious. No one
has undertaken surveys of the millions of Americans scattered
around the world, and no one knows how many absentee ballots are
sent overseas at a national or even state level, as the few
records collected are kept only at the county level, rarely
compiled statewide, and virtually never published. Moreover,
most counties do not distinguish in their record-keeping between
absentee ballots sent abroad and those sent to domestic
addresses. There are simply no accurate figures—at any
level—of the aggregate voting behavior of overseas voters, or
even of how many ballots arrive from abroad.
The second challenge for political scientists, then, is to
engage in research to determine the voting behavior of the
overseas population. The ballots from abroad tabulated in the
2000 presidential election in Florida might appear to serve as a
reliable source of data about overseas voters, but there is good
reason to view this source as far from definitive. Most
important, the voting behavior of the total pool of overseas
votes was never separately recorded. Rather, data on voting
behavior was collected only for those overseas ballots that
arrived in the 10 days following the November 7 election. The
state’s acceptance of these late-arriving ballots was the
product of a 1982 consent decree between Florida and the U.S.
Justice Department, which had brought suit against the state
charging it with unduly burdening overseas voters because the
state mailed its ballots out too late (often in mid-October) to
allow them to be returned to the U.S. by Election Day. While
Florida’s late ballots in 2000 were thus tallied separately,
all those overseas ballots that arrived before Election
Day—numbering 14,415 according to state officials—were
thrown into the larger pool of domestic absentee and regular
ballots and counted on November 7 (La Corte 2000). Thus, no one
has any accurate figures on how those ballots—the vast
majority of those cast from abroad—were distributed among the
candidates.
The only figures we have left, for 2000 as well as for
earlier elections in Florida, are for those notorious late
ballots, which we cannot assume are a representative sample of
the larger pool of overseas votes.
Nevertheless, the Florida data does suggest probabilities,
and these probabilities suggest bad news for Democrats. Since
1980, Democrats have never won a majority of the late overseas
ballots (Golden 2000). Even in 1996, as Bill Clinton coasted to
a statewide victory, the late ballots favored the Republicans,
as Bob Dole won 54% of these votes while gaining only 42% of the
total in the state.
In 2000, the state was split in a “perfect tie” between
Bush and Gore, yet Bush swept the late-arriving overseas vote in
a landslide, securing 63% of the total (Table 1). Indeed, when
the final results in Florida were certified, it was clear that
the late overseas vote had been crucial: based purely on the
domestic and “on-time” overseas votes as counted by Sunday,
November 26, PSOnline www.apsanet.org 735 Stand up and Be
counted. The only overseas Americans officially tallied in the
last three censuses (1980–2000) were federal employees
(including military personnel) and their dependents.
George W. Bush would have lost to Albert Gore by 202 votes.
In contrast to the first counting of the late-arriving overseas
ballots on November 17, when it seemed that they just extended
George Bush’s lead, the revised November 26 total—including
the results of yet more local recounts—revealed that the
latearriving overseas votes were essential for Bush’s victory.
If all the late overseas ballots had been put aside, Al Gore
would now be president. While the final tally of the ballots in
2000 may have been distorted by GOP efforts to count as many
ballots from military addresses as possible, thus giving the
total a more conservative bias, we are still left with a need to
account for the persistent evidence of a pro-Republican tilt
among Florida’s overseas voters (Boehlert 2000; Barstow and
Van Natta 2001). The most obvious explanation can indeed be
found in data on the percentage of overseas voters in that state
who are attached to the U.S. military—a constituency that, on
the whole, seems more likely to produce Republican votes than
Democratic ones (especially given the likelihood that officers
are more likely to register and vote than enlisted personnel).
In Broward County, a large and economically diverse county
not unusually dependent on military employment, election
officials reported that of 1,623 ballots mailed overseas, 27%
(442) were sent to military addresses and 73% (1181) to
nonmilitary or “civilian” addresses (Brinkley-Rogers and
Henderson 2000).
Election officials also broke down the overseas ballot
requests by party, as Table 3 indicates, and discovered that
voters with a military address were significantly more likely to
register as Republican than nonmilitary voters.
But why would so many votes be from the military in the first
place? Given the reasonable expectation that most overseas
Americans are civilians, the most plausible explanation is a
higher rate of voter participation by military personnel in
comparison to the rest of the overseas population. A higher
military turnout may reflect the efforts by groups such as
Republicans Abroad to help boost the registration of military
personnel, or greater civic-mindedness by members of the armed
services (Jones 2000).
Even more important, however, may be the activities of the
Federal Voting Assistance Program (FVAP) in the Department of
Defense (DOD), an agency charged with helping both military
personnel and civilians abroad exercise their right to vote.
With its location in DOD, and the fact that military personnel
are much easier to locate and contact through authoritative
military channels, it is highly likely that FVAP increases
registration and turnout among military personnel to a greater
degree than it does for the civilian population (Brunelli 2000).
The Department of Defense reports that 72% of overseas
military personnel voted in 2000—a far higher percentage than
among domestic civilian voters (although the source and accuracy
of the DOD data was impossible to independently verify)
(Garamone 2001).
Given the evident propensity of such personnel to vote
Republican, the partisan impact of such differential turnout is
obvious. What does this outcome tell us about the overseas vote
at the national level? Obviously, the percentage of military
personnel in the total overseas electorate is likely to be
smaller than in the Florida sample, if only because that state
has an unusually large number of military personnel to begin
with (many of whom claim residence there to take advantage of
the state’s lack of an income tax). Thus, it is entirely
possible that overseas voters in other states may have quite
different affiliations and voting patterns. Still, it would not
be surprising if a proper national survey revealed that overseas
voters are disproportionately drawn from military personnel and
are correspondingly more Republican. This is, however, mere
speculation; the only reliable conclusion is that the political
orientation of this population remains shadowy, and its actual
impact is likely to be strongly affected by the success of each
party in mobilizing its supporters abroad to vote in homeland
elections.
Fortunately, there is some reason to hope that federal
legislation enacted in 2002 will lead to a major improvement in
the quality of data collection in this area by state
governments. The Help America Vote Act of 2002, passed with the
input and support of groups of overseas Americans, will for the
first time require each state to collect and publish statistics
on the number of overseas ballots transmitted and received.
While this requirement will provide far better data on the total
number of voters abroad, it hardly resolves the larger issues of
how these voters behave in the electoral marketplace. For that,
political scientists will have to explicitly confront the second
challenge and devise new ways of undertaking independent surveys
of the overseas electorate.
The Third Challenge: To Forge a Coherent Public
Policy Response
In response to the increased numbers of U.S. soldiers
stationed abroad during the Cold War, Congress in 1955 passed
the first legislation specifically intended to help overseas
citizens vote in federal elections. Although the Federal Voting
Assistance Act encouraged states to allow federal employees,
members of the armed forces, and private citizens abroad to vote
by absentee ballot, it did not establish an enforceable right
under federal law, and the states retained exclusive
responsibility for the registration of overseas voters and the
mailing of absentee ballots. In this legal environment, many
states simply ignored overseas voters, resulting in the
effective disenfranchisement of large numbers of overseas
Americans.
To overcome this deficiency, a movement of Americans abroad
emerged in the early 1970s, demanding that their right to vote
be codified and that new procedures be implemented to make the
voting process simpler and less time-consuming. The result of
their activism was the Overseas Citizens Voting Rights Act
(OCVR), which guaranteed all Americans abroad the right to vote
via absentee ballot in federal elections in the state and
congressional district in which they last resided. A coalition
of overseas groups, including both Democrats Abroad and
Republican party activists (Republicans Abroad itself was not to
be formed until 1978), successfully lobbied Congress in support
of the legislation which was signed into law by President Ford
in 1976 (Dark 2003; 736 PS October 2003
Table 3 Broward County Overseas Absentee Ballot
Requests
(with percentages as read across)
Democratic Republican Independent Total
Military addresses 114 (26%) 209 (47%) 119 (27%) 442
Non-military addresses 461 (39%) 387 (32%) 333 (28%) 1181
Total 575 (35%) 596 (37%) 452 (28%) 1623
Source: Paul Brinkley-Rogers and Tim Henderson, “State
Awaits Thousands of Overseas Votes,” Miami Herald, November
11, 2000. Michaux 1996).
In addition to providing a formal guarantee that all overseas
citizens can vote in federal elections, the act also encouraged
the states to use a common Federal Post Card Application (now
accepted in 45 states) that can be sent to local authorities to
simultaneously register to vote and request an absentee ballot.
In accordance with this legislation, the federal government
has long provided assistance to overseas absentee voters, but in
a manner that mainly focuses upon members of the armed forces.
As previously noted, the main agency for such assistance is the
Federal Voting Assistance Program, located within the Department
of Defense, with a budget in 2000 of $5.1 million and a staff of
13.
With the passage of the OCVR in 1975 and a set of minor
amendments in 1986, the FVAP was given the responsibility for
designing the Federal Post Card Application and for encouraging
registration and voting by all Americans overseas, including
civilians. Although FVAP is institutionally embedded in the
Defense Department, it also works with the State Department,
Democrats Abroad, Republicans Abroad, and other overseas
organizations to encourage voting by private citizens (Federal
Voting Assistance Program 2001).
Despite such outreach, a review of FVAP materials, an
interview with its director, and interviews with American voters
living overseas all confirm that the program is more successful
in reaching military personnel and their dependents than other
citizens abroad. For this reason, Democrats Abroad has called
for the creation of a parallel organization based in the State
Department and aimed exclusively at the private overseas
population (Democrats Abroad 2001).
In the aftermath of the 2000 Florida controversy, in which
debates over the validity of overseas ballots figured
prominently, groups of overseas Americans again mobilized to
endorse changes in federal law. Most prominent was Democrats
Abroad, which established an Emergency Committee to Reform
Overseas Voting. The committee drew up its own set of reforms,
subsequently endorsed by 16 non-partisan organizations
representing overseas Americans, that called for the adoption of
a standardized federal overseas absentee election system and
ballot with permanent voter registration—essentially a major
federalization of the procedures for overseas registration and
voting (Democrats Abroad 2001). The committee also endorsed
earlier and speedier transmission of ballots to overseas
residents, the elimination of notarization provisions and
foreign postmark and date stamp requirements, and the
publication by state governments of complete and timely
statistics on overseas voting.
Crucially, the Democrats also argued that states should be
required to notify each voter of the approval or rejection of
their registration application and mailed-in absentee ballot.
Republicans Abroad, evidently more comfortable with results
under the current system, issued only a vaguer statement calling
for Congress to “standardize and improve the entire
absentee-voting process for Federal elections” (American
Citizens Abroad 2001).
In response to these (and other) pressures, in 2002 Congress
passed and President George W. Bush signed the Help America Vote
Act (PL 107-252), a measure mainly aimed at domestic electoral
flaws but which also included several new provisions relating to
overseas voting (although considerably fewer than Democrats
Abroad had sought).
In addition to the requirement that states collect and
publish statistics on overseas voting, each state is now also
required to set up a new central office to provide information
to overseas voters on how to register and vote from abroad.
Congress also recommended that this same office accept
registration applications, absentee ballot applications, and the
returned ballots themselves—a change that would eliminate the
need for overseas voters to hunt down county addresses in order
to return their applications and ballots to the correct
location. States will, in addition, be required to maintain the
registration of overseas voters for at least two regularly
scheduled federal election cycles (four years), and to notify
overseas voters if either their registration application or
absentee ballot request is rejected, and why. To address
problems with the acceptance of ballots from overseas military
personnel, all ballots sent in by members of the armed forces
will now bear a postmark and all states will have to accept
voter registration and absentee ballots applications from
military voters even if they arrive early (e.g., before the
onset of a formal acceptance period). The latter provision is
intended to help military voters who may need to send their
applications very early if they are to send them in at all (due,
for example, to service on a submarine or remote military base).
As with the activities of FVAP, provisions specifically focused
on military voters seem more likely to benefit Republican
candidates and conservatives.
Despite these changes, the citizen seeking to vote from
abroad must still run a gauntlet that can deter even the most
determined of voters (General Accounting Office 2001; U.S.
Department of State 2001). Gathering the necessary information
to register and vote properly remains a formidable task, one
that will only be partially offset by the planned creation of
new state offices to help provide information to overseas
voters. At present, most foreign residents are never exposed to
State Department or FVAP information on how to vote and
frequently find it difficult to obtain the proper information on
their own initiative. Moreover, consulates and embassies often
lack updated information and forms and their facilities are
frequently geographically distant from where Americans live.
Major problems also remain in regard to the timely postal
delivery of materials. A registration application sent from
abroad will often arrive in the U.S. after state deadlines, and
ballots sent from the U.S. may arrive at the voter’s foreign
residence too late to be returned to the U.S. by Election Day.
And although voting in federal elections cannot be used to
establish tax liability by state governments, voting in state
and local elections can, and fear of this possibility remains a
major concern for overseas citizens who are already taxed by
both foreign governments as well as the U.S. federal government.
In response to these persisting problems, many overseas party
activists and others have advocated allowing registration and
voting to take place entirely through the Internet or some other
electronic system.
In the 2000 election FVAP collaborated in a small pilot
project with five counties in Florida, Texas, Utah, and South
Carolina in which 84 registered voters (mainly overseas military
personnel) who would normally vote via absentee ballot were
instead provided with a password and allowed to vote on a secure
web site (Brunelli 2000).
More ambitiously, for 2004 FVAP plans to expand this
experiment to as many as 100,000 overseas voters from the states
of Arkansas, Florida, Hawaii, Minnesota, North Carolina, Ohio,
Pennsylvania, South Carolina, Utah, and Washington.
This program, called the Secure Electronic Registration and
Voting Experiment (SERVE), will allow voters to register and
cast their vote from any Windows-based computer with Internet
access, and will include such security measures as “digital
signatures,” centralized servers, and encryption (Hoffman
2003).
At the conclusion of the SERVE program, FVAP will report to
Congress on the reliability, affordability, and security of
Internet registration and voting on a large scale. If
successful, the 2004 experiment may go far in assuaging the
persistent security concerns raised by critics of Internet
voting, and encourage the more general use of Internet voting by
domestic voters (Internet Policy Institute 2001).
Paradoxically, while the current regime for overseas voting
presents many obstacles to the citizen abroad, it also eases the
way for those determined to commit voter fraud. Under current
law, states are obligated to register citizens who may not have
resided in the state for decades. Yet, there is virtually no way
to check that registrants from abroad actually resided in a
state that long ago (in some cases, the claimed address may not
even physically exist any longer, having been replaced by
freeways or shopping malls). This system makes it relatively
easy for unscrupulous citizens abroad to vote anywhere in the
U.S. they so desire, regardless of previous residence, or to
vote multiple times in different states.
The provision in some states that late ballots be accepted
also creates opportunities for ballots to be mailed and accepted
after Election Day. In the 2000 Florida presidential election, a
systematic study by the New York Times revealed that due to
efforts by the Bush campaign, at least 680 ballots were accepted
by county election officials even though they lacked proper
evidence, such as postmarks or signing and dating, that
demonstrated they were sent on or before Election Day (Barstow
and Natta 2001). Had these ballots been rejected, George W.
Bush’s margin of victory might have shrunk to as little as 245
votes—or less.
The rise of global political activity by U.S. citizens also
presents challenges to the current system of domestic campaign
finance regulation. American party organizations abroad operate
under the same rules as their stateside counterparts, but they
are much further away from the watchful eye of regulatory
authorities. There is an obvious potential for evading U.S. law.
Who is there to regulate, or even observe, campaign expenditures
overseas? When money is both raised and spent overseas by local
chapters of Democrats Abroad or Republicans Abroad, it is next
to impossible for either party authorities or federal election
regulators to monitor the situation. It would also be quite easy
for foreign contributors to influence elections this way, with
few in the U.S. even aware of the situation. Indeed, in 1997 the
Washington Post reported unconfirmed accusations that
Republicans Abroad had solicited and accepted foreign donations,
particularly from Middle East and East Asian sources (Morgan
1997).
Although both Democrats Abroad and Republicans Abroad file
reports with the Federal Election Commission, the full scale of
financial involvement by local chapters is a gray zone
containing many opportunities for unrecorded activities.
To conclude, the third challenge for political science is to
consider adjustments to existing legal frameworks that take into
account the realities of a globalized American electorate.
Existing laws frequently hinder voting by overseas citizens, yet
at the same time allow unsettling opportunities for voter fraud
and campaign finance violations. A systematic account of
existing problems and creative thinking about solutions would be
a service the profession could render to the millions of
Americans overseas and those at home concerned about protecting
the sanctity of the electoral process. That the most prominent
report produced by political scientists and other scholars after
the 2000 election, that of the Caltech/MIT Voting Technology
Project, did not even acknowledge the existence of the millions
of overseas voters is not reassuring (Caltech/MIT Voting
Technology Project 2001).
Of course, some political scientists may wish to take a
different tack and develop clearer theoretical criteria for
determining which Americans abroad should be allowed to vote,
and in which elections. There may be reasonable arguments for
restricting the franchise in some respects, while enlarging or
strengthening it in others. The Canadian government, for
example, allows overseas citizens to vote from abroad, but only
for five consecutive years; Germany sets a time limit of 25
years before overseas suffrage expires, while Britain caps it at
fifteen. Denmark innovates in a different way, limiting overseas
voting mainly to those who are employed by the Danish government
or Danish companies, students, and those who live abroad for
health reasons. A thorough cross-national review will reveal an
even wider menu of choices (including the possibility of voting
in embassies and consulates), some of which may helpfully inform
U.S. policy-making in the “post-Florida” electoral
environment.
Conclusion
Until recently, few in political science had cause to
recognize that Americans abroad constitute a distinct
constituency of potential significance in domestic politics.
Yet, as long ago as 1975 it was clear that the dispersion of
large numbers of U.S. citizens abroad was bringing substantial
changes in federal and state election laws, most notably in new
provisions for registering and voting from abroad. These changes
have, in turn, fostered new forms of party organization and the
proliferation of partisan campaigning among overseas American
populations in at least 30 different countries (Dark 2003).
In addition, new interest groups have emerged to represent
the interest of the overseas population, including the
Association of Americans Resident Overseas, American Citizens
Abroad, the Federation of American Women’s Clubs Overseas, as
well as the ubiquitous American Chambers of Commerce found in
most foreign countries (Michaux 1996). Since the 1970s, such
groups have frequently worked together to lobby Congress on such
issues as voting rights, citizenship transmission, taxation of
overseas Americans, and State Department services and funding.
In the 2000 Florida presidential election, a systematic study
by the New York Times revealed that due to efforts by the Bush
campaign, at least 680 ballots were accepted by county election
officials even though they lacked proper evidence, such as
postmarks or signing and dating, that demonstrated they were
sent on or before Election Day (Barstow and Natta 2001).
Although the impact of all this activity is felt largely at the
margins of American politics, there is no question that we are
witnessing a partial globalization of American electoral law and
political involvement; one that bears interesting similarities
to the political activity of diaspora populations (such as
Mexican-Americans) within the United States. An analysis of
American electoral politics that overlooks the overseas
component will necessarily be incomplete, perhaps just as
incomplete as studies of Latin American countries that ignore
the ways in which their growing diasporas affect homeland
politics (Shain 1999).
As the process of globalization unfolds, it clearly raises
perplexing questions of representation and sovereignty
(Aleinikoff and Klusmeyer 2000). As the law stands now,
Americans who have lived abroad for decades and who may have
little or no intention of ever returning to the United States
can still vote in federal elections; in most states, they can
also vote in local elections. Some overseas Americans may also
have a legal status, such as long-term permanent residence or
dual citizenship, that allows them to vote in foreign countries
even as they still vote by absentee ballot in the U.S.
All of which leads to a provocative, but empirically
tractable, question: Do American voters abroad come to reflect
the concerns— and interests—of their host countries more
than their own nominal country of citizenship? Although the
forgoing is a possibility, it seems more likely based on
available evidence that Americans abroad, especially those who
choose to exercise their right to suffrage, are a distinctly
patriotic community, “much nearer to being American
‘cultural missionaries’” than “alienated expatriates”
(Dashefsky, et al. 1992, 150).
If this is true, we might ask: Does the presence of large
numbers of U.S. citizens overseas, many of whom may fail to
learn local languages or to assimilate to host cultures,
represent a threat to the domestic political sovereignty of
foreign states? Some Americans have expressed considerable
anxiety over proposals that millions of Mexican citizens
residing long-term in the U.S. (some of whom are also U.S.
citizens) be allowed to vote by absentee ballot in Mexican
elections. Might the presence of unassimilated Americans abroad,
increasingly settling in for long stays in their host countries,
yet prove equally controversial? Such questions are far beyond
the empirical scope of this essay. They are not, however, beyond
the scope of the study of American politics, properly conceived
for a new age of globalization.
Notes
1. For the purposes of this article, “overseas” has the
same meaning as “abroad,” i.e., outside the territory of the
United States. Although use of the term appears illogical for
Americans living in Canada and Mexico, this usage has been
returns from abroad, but this data is not available to either
the Census Bureau or the State Department, and is far from
comprehensive in any case. employed by the Census Bureau and
other government agencies to designate all Americans outside the
U.S.
2. The Internal Revenue Service does have information on U.S.
citizens who file tax returns.
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