Absentee Voting Legal Discussion & Reminders for 2016

ABS Application What can and can’t be pre-filled by a third party? – CAN be pre-filled Name Registration Address DOB – CANNOT be pre-filled Reason for voting absentee by mail Party affiliation (primary) Type of ballot (public question only) Mailing address different to the registration address for the voter 2

ABS Application A person may assist a voter with completing their application – Must fill out the assistance affidavit on the form – If a person is serving as a voter’s attorney in fact they may fill out the application for the voter and submit it along with: the completed assistance affidavit a copy of the power of attorney (attached) When providing assistance it must be done in the presence of the voter requesting to vote absentee 3 IC

Signing Absentee Application General Rule: Voter signs own application – Exception 1: A power of attorney may apply for voter but must attach power of attorney to application – Exception 2: Voter may designate a person to sign an absentee ballot application on voter’s behalf if a voter is unable to sign — Person assisting must add name to the application — Person signing may not be voter’s employer or an officer of voter’s union or an agent IC (b); IC

Voter Assistance with Filing Absentee Application 3 rd party who receives absentee ballot application of voter must —Indicate on the application the date the application was received by 3 rd party — File the application with the county —within 10 days of receipt or —by deadline for filing, whichever occurs first Class A misdemeanor to destroy or file an absentee ballot application in accordance with state law IC (g) and (h); IC

Voter Assistance with Filing Absentee Application Person “filing” someone else’s application with county election board must complete and file ABS-17 – Does not apply to the mailman or a bonded carrier (e.g. UPS or FedEx) IC (h)

In-Person Absentee Voting Required at clerk’s office – Beginning April 5 th before primary – Beginning October 12 th for general – Thru noon the day before election Including 7 hours the last 2 Saturdays before election In 2016, the county may not pass a resolution to reduce in- person absentee voting – Exception: If county population is under 20,000, the CEB can reduce Saturday hours to 4 hrs IC

In-Person Absentee Voting CEBs may establish satellite absentee locations and specify dates and hours by unanimous resolution – Satellite locations, dates and times established for a primary must be the same for the following general election – Unanimous resolution expires on Dec. 31 st of the year resolution was adopted – Exception for satellite facilities established in vote center plans IC

Voter Assistance with In- Person Absentee Voting Voter Assistance Voter may request assistance from – ABS board members to assist the voter – Designated person of the voter’s choosing May not be the voter’s employer Officer of voter’s union or An agent of either PRE-3 – Voter’s designee is required to sign in this situation – Absentee board is not required to sign in this situation IC ; IC

Absentee Applications Filed with IED Absentee ballot application is timely if received by IED by same deadline that applies to CEB – IED must immediately forward to counties and will provide a timely/late memo when deadline passes IED not required to transmit an ABS-17 with applications IC (b)

Absentee Votes Cast on DRE CEB must provide (DRE) voting machines for disabled voters who vote ABS in-person at clerk’s office or at satellite location —CEB must adopt procedures regarding —Securing absentee votes on DRE —Comparing signatures between application —Voter’s registration record —Ensuring an invalid ballot is not counted —Providing method to spoiled ballot if the voter votes a replacement ballot CEB may adopt a resolution to use DRE (accessible) voting system for absentee travel board voters IC ; IC ; IC ; IC ; IC

Absentee Votes Cast on DRE All counties must count ABS ballots cast on a (DRE) at a central location – Counties that count other ballots at the precinct must send lists of voters who cast absentee ballots on a DRE to the precinct with the paper-based absentee ballots – The precinct judges enter the names of DRE absentee voters in the poll book and note on the list any voter who voted in person or any challenged voter IC

Absentee Votes Cast on DRE All counties are directed to count all DRE absentee ballots pursuant to IC at a central location – IC describes general procedures but does not have any specific step-by-step DRE counting procedures like for paper ballots and ballot cards Since procedures must be adopted for using DREs for absentee voting (IC ) the CEB should consider spelling out the procedures for counting absentee votes cast on a DRE

Absentee Ballot Applications and Public Records Requests ABS ballot applications and SVRS absentee ballot activity report are public records: – Parties and candidates may ask for “absentee ballot activity report” (IC (d)) – Parties and candidates may also request copies of applications Before the ABS ballot is returned and application is attached to ballot sealed County must now copy or scan ABS ballot applications to vote by mail or travel board so they can be available for public inspection even after ballot is returned IC

Absentee Voters Voting at Polls Voters Who Returned Ballot General Rule: An ABS voter who returns a voted ABS ballot to the county may not vote at polls on election day – Exception: If ABS voter’s ballot is marked “rejected” at precinct or at central location, then absentee voter may vote in person In central count counties ABS voter must have certificate from CEB or ABS ballot counters to present at polls before voting IC ; IC ; IC ; IC ; IC

Absentee Voters Voting at Polls Voters Who Returned Ballot If the voter who has previously returned a voted absentee ballot wishes to cast ballot then voter should be offered an opportunity to cast a provisional ballot – The “other box” should be checked on PRE-4 and – In the space provided write: “county records show voter returned a voted absentee ballot”

Absentee Voters Voting at Polls Voters Who Returned Ballot How does a poll worker determine if voter returned a voted absentee ballot? – Is information on the poll list or electronic poll book? – Is a separate list required?

Absentee Voters Voting at Polls Voters Who Returned Ballot What if voter who returned absente ballot is permitted, by mistake, to vote at the polls? – Inspector should check with the poll clerks before processing ABS ballot to see if voter voted in person If so reject ABS ballot – Central Count: Inspector marks list provided by CEB that voter voted in person and absentee ballot counters check list (or electronic poll book) and reject ABS ballot IC ; IC

Absentee Voters Voting at Polls Voters Who Did Not Return a Ballot ABS voter who received ballot but didn’t return ballot may surrender ballot at polls and vote – Surrendered ballot is marked “cancelled” ABS Voter who never received their absentee ballot may vote at polls after completing a PRE-5 IC (b); IC (b); IC (c); IC (c)

Bi-Partisan Security Requirements Voted ABS ballots must be kept in a locked cabinet or room with two different locks – One key for each lock shall be provided to each appointed member of the CEB Absentee ballots delivered to polls must be in control of a D and R appointee (IC & 13) IC ; IC ; IC

Challenging Absentee Ballot on Election Day Counties that do not use Electronic Poll Books Whether central count or precinct count challenges are made at polls – Central count county couriers return challenges with the processed lists of ABS voters Challenged ABS ballots are processed as provisional ballots IC ; IC ; IC ; IC

Challenging Absentee Ballot on Election Day Counties that use Electronic Poll Books In a county that uses electronic poll books on election day, challenges are made by CEB member of member’s designee IC (c)) Challenged absentee ballots are processed as provisional ballots (IC (d)) IC (c) and (d)

Electioneering Absentee Voters Voting by Mail Class A Misdemeanor to “electioneer” (express support for, or opposition to, candidate, party or public question) in-person if you know the person has an absentee ballot – Exception 1: This only applies to in-person communications and not to mail, telephone, faxes or – Exception 2: This does not apply to a spouse or a member of a person’s household IC

Absentee Voting- Assistance with Voting by Mail Criminal offenses with respect to mailed ballots – Marking or signing the mailed absentee ballot for another person – Examining the marked mailed absentee ballot of another – Receiving the prepared mailed absentee ballot of another unless person is A member of the voter’s household or attorney in fact If ABS ballot is hand-delivered to the CEB then ABS-19 must be completed IC