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Absentee Voting Absentee Voting

Absentee Voting 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)

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Absentee Voting Absentee Voting

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  1. Absentee VotingAbsentee Voting Legal Discussion & Reminders for 2016

  2. 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

  3. 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 IC 3-11-4-2

  4. 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 3-11-4-2(b); IC 3-11-9-2

  5. Voter Assistance with Filing Absentee Application • 3rd party who receives absentee ballot application of voter must • Indicate on the application the date the application was received by 3rd 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 3-11-4-2(g) and (h); IC 3-14-2-5

  6. 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 3-11-4-2(h)

  7. In-Person Absentee Voting • Required at clerk’s office • Beginning April 5th before primary • Beginning October 12th 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 3-11-10-26

  8. 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. 31st of the year resolution was adopted • Exception for satellite facilities established in vote center plans IC 3-11-10-26.3

  9. 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 3-11-9-2; IC 3-11-9-3

  10. 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 3-11-4-3(b)

  11. 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 3-11-9-6; IC 3-11-10-26.2; IC 3-11.5; IC 3-11-10-12.5; IC 3-11-10-26.2

  12. 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 3-11-10-12.5

  13. Absentee Votes Cast on DRE • All counties are directed to count all DRE absentee ballots pursuant to IC 3-11.5 at a central location • IC 3-11.5 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 3-11-10-26.2) the CEB should consider spelling out the procedures for counting absentee votes cast on a DRE

  14. 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 5-14-3-3(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 3-11-10-8.5

  15. 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 3-11-10-32; IC 3-11.5-4-20; IC 3-11-10-34; IC 3-11.5-4-21; IC 3-11-4-21

  16. 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”

  17. 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?

  18. 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 3-11-10-17; IC 3-11.5-4-13

  19. 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 3-11-10-31(b); IC 3-11.5-4-18(b); IC 3-11-10-31(c); IC 3-11.5-4-18(c)

  20. 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 3-11-10-12 & 13) IC 3-11-10-10; IC 3-11-10-12; IC 3-11-10-13

  21. 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 3-11-10-15; IC 3-11-10-21; IC 3-11.5-4-15; IC 3-11.5-4-9

  22. 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 3-11.5-4-15(c)) • Challenged absentee ballots are processed as provisional ballots (IC 3-11.5-4-15(d)) IC 3-11.5-4-15(c) and (d)

  23. 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 email • Exception 2: This does not apply to a spouse or a member of a person’s household IC 3-14-3-16

  24. 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 3-14-2-16

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