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Military and Overseas Voters

Military and Overseas Voters. 2012 Indiana Election Administrator’s Conference December 13, 2011. Overview. “Absent Uniform Services Voters” and Overseas Voters Extended Voter Registration Deadlines Special Forms and Procedures Voting By Email or Fax Federal Write-in Absentee Ballots

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Military and Overseas Voters

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  1. Military and Overseas Voters 2012 Indiana Election Administrator’s Conference December 13, 2011

  2. Overview “Absent Uniform Services Voters” and Overseas Voters • Extended Voter Registration Deadlines • Special Forms and Procedures • Voting By Email or Fax • Federal Write-in Absentee Ballots • Miscellaneous Special Procedures

  3. Military and Overseas Voters Absent Uniform Services Voter (Military Voter) • Member of armed services or merchant marine absent from residence due to active service within the U.S. or “overseas” • Indiana national guard member deployed outside of Indiana • Spouse or dependent of these service members (IC 3-5-2-1.5)

  4. Military and Overseas Voters Overseas Voter • Absent uniform services voter who is outside of U.S. on election day • A family member of service member who is outside of U.S. on election day (spouse, child) • A civilian living outside of U.S., either temporarily or indefinitely, but otherwise eligible to vote in Indiana (IC 3-5-2-34.5)

  5. Registration Deadlines • New in 2011: Deadline for county to receive registration application from military or overseas voter is extended to: • April 30, 2012 before primary • October 29, 2012 before general Application received during extended period subject to same requirements as application received by 29th Day before election. (IC 3-7-36-10)

  6. Other Registration Procedures • Certain recently discharged or transferred military voters can register (and vote absentee in the clerk’s office) through noon Election Day • See Form ABS-13 for details. Not every military voter qualifies • (IC 3-7-36-14)

  7. Military and Overseas Voters Special Military/Overseas Forms A military/overseas voter may designate their status as a military overseas voter by using either of these two forms: • FPCA (Standard Form 76A) combined registration and absentee ballot application • ABS 15 is the special state absentee ballot application for military and overseas (mandated by federal law with special oath)

  8. Military and Overseas Voters Box 1 of the FPCA allows a person to designate the type of military/overseas voter  x

  9. Military and Overseas Voters Box 1 of the ABS-15 also allows a person to indicate the type military/overseas voter  X

  10. Absentee Voting: Military and Overseas • Impact of MOVE • What is MOVE?: Federal “Military and Overseas Voter Empowerment Act” enacted in 2009. Implemented in Indiana law, 2010 and 2011 • Purpose of MOVE: Help military/overseas voters vote in US elections • Impact of MOVE: Absentee ballots must be printed earlier (50th day before election instead of 45th day), and, if application approved, sent by 45th Day. Email and Fax used to communicate and transmit both absentee ballot applications and ballots

  11. Talk to your printer about ballot delivery! Make sure printer understands that federal law requires that you send out absentee ballots by deadline: Saturday, March 24, 2012 for primary; Saturday, September 22, 2012 for general. Potential litigation if deadline missed!

  12. Absentee Voting: Military and Overseas • Absentee Ballot Applications • May transmit blank VR applications and absentee ballot applications to military/overseas voters by mail, Email or Fax on request • If the request doesn’t include usable Email address or Fax #, then mail if mailing address is provided • MOVE Information Sheet regarding use of Email, Fax, and internet must be sent with blank VR and absentee ballot applications

  13. Absentee Voting: Military and Overseas MOVE information sheet

  14. Absentee Voting: Military and Overseas • Absentee Ballot Applications • All Military/Overseas voters may submit an absentee ballot application by mail, Email (scanned copy of completed application attached), or fax • If sent by email then clerk must send an email acknowledging receipt of the emailed application • If absentee ballot application is denied, clerk must send written notice of reason for denial within 48 hours (ABS-14; IC 3-11-4-17.5) • Absentee ballot applications may be submitted at any time from these voters when voter registration is open • (IC 3-11-4-6 (b) and (c))

  15. Getting out absentee ballots

  16. Absentee Voting: Military and Overseas Voting Absentee by Email or Fax • Special Applications (ABS-15 or FPCA) allow military/ overseas voters to request ballot by mail, email, or fax • Special deadline: Voter requesting to vote by Email or fax may apply up to noon the day before the election (IC 3-11-4-6(h); IC 3-11-4-3(2)) Box 3 of the ABS-15 or Box 4 c. on FPCA X

  17. Absentee Voting: Military and Overseas Voting by Email or Fax • If application to vote by Email or fax approved, clerk faxes a ballot (or emails scanned copy of ballot), cover sheet/affidavit (ABS-9), and “MOVE” instructions to voter) • Voter returns completed ballot and completed ABS-9 by fax (or by email with scanned copies of completed ballot and ABS-9) • Clerk (or designee) seals returned ballot in special absentee ballot envelope (ABS-10) and marks: “Absentee Ballot Received by Fax or Email”

  18. Absentee Voting: Military and Overseas Voting by Email or FAX • The voter’s returned ABS-9 and voter’s absentee ballot application (copy of the FPCA or ABS-15) attached to special absentee ballot envelope (ABS-10) • The absentee ballot processed like other absentee ballots in county whether central count or precinct-count • Email/Fax confirmation back to voter indicating ballot received by the next business day following receipt. Update SVRS so voter can check www.indianavoters.in.gov(IC 3-11-4-6(i))

  19. Absentee Voting: Military and Overseas Voting by Email or Fax • A ballot returned by Email or Fax may be “remade” by a “bipartisan remake team” • Duplicate ballot made (marked duplicate) that reflects the vote on ballot so that it can be read by optical scanner (IC 3-12-3-5) • “Duplicate” ballot must bear a unique number also recorded on printout of original emailed or faxed ballot so they can be linked if necessary in a recount or contest

  20. Voting by Mail

  21. Absentee Voting: Military and Overseas • Voting by Mail • Military/overseas voters may still vote by mail • If military/overseas voter submits ABS-15 but does not request to vote by Email or Fax, then clerk sends voter absentee ballot by U.S. Mail • Absentee Ballots must be delivered by printer at least 50th day before the election. • Absentee ballots must begin to be sent by mail, Fax or Email by 45th day before the election for all approved (including “continuing”) absentee ballot applications

  22. Absentee Voting: Military and Overseas Special Procedures for Absentee Ballot Applications • If application is granted, then it is considered “continuing” request until December 31 following date of the application (IC 3-11-4-6(e)) • So application for May 2012 primary is good for November 2012 general election unless… • A continuing request is considered cancelled if absentee ballot is returned undeliverable

  23. Military voters may not havelatest technology Email access more common than access to FAX in many areas Even if access to email, may not be printer to print attachment

  24. Absentee Voting: Military and Overseas Overseas Voter Indefinitely Overseas • If overseas voter indicates on FPCA or ABS-15 that they reside outside U.S. indefinitely (they lived in Indiana as their last residence before leaving the U.S.) • This overseas voter considered a resident of precinct of county voter registration office; • This overseas voter entitled to federal only ballot (IC 3-11-4-8) x

  25. Absentee Voting: Military and Overseas • Federal Write-in Ballot • The Federal Write-in absentee ballot (FWAB) is “back-up” method for military/overseas voters to reduce risk of receiving and returning ballots too late to have vote count • Available from Voting Assistance Officers, U.S. Embassy, or U.S. Consulate • May be downloaded from www.fvap.gov

  26. Absentee Voting: Military and Overseas Federal Write-in Absentee Ballot • Military/overseas voter must be registered to vote to have FWAB count • Military/overseas voter must submit a timely absentee ballot application for FWAB to count • Note: FWAB may come before VR application or an absentee ballot application • If military/overseas voter returns regular absentee ballot and FWAB, FWAB not be counted. Regular absentee ballot will be counted (IC 3-12-2-7.5)

  27. Absentee Voting: Military and Overseas

  28. Absentee Voting: Military and Overseas • Indiana Elections and the FWAB • Federal Write-in absentee ballot (FWAB) may be used in any election, including: • Primaries for nomination of candidates • Any general, municipal or special election • May vote for any candidate (federal, state or local), political party or public question

  29. Rules for FWAB in Primary • If voter votes for more than one candidate not of same political party, voter’s vote is void for that office. • If voter votes for candidate not on primary ballot, that vote is void. • If voter does not indicate office candidate seeks, that vote is void. • No “straight party” primary votes.

  30. Absentee Voting: Military and Overseas Votes indicated on a FWAB in a Primary

  31. Absentee Voting: Military and Overseas Federal Write-in Ballot Special rules apply to counting a FWAB in a general, municipal or special election: Voter writes name of a political party in “Candidate or Political Party affiliation” then the vote is counted for all candidates of that political party Vote will be counted in spite of an abbreviation, misspelling, or other minor variation of candidate or party name if voter’s intent can be determined

  32. Absentee Voting: Military and Overseas Votes indicated on a FWAB in a General or Municipal Election

  33. Absentee Voting: Military and Overseas Absentee Ballot Special Mailing Envelopes • All absentee ballots are mailed “postage prepaid” with enclosed stamped envelope for return to the county election board “by at least first class mail” (IC 3-11-4-18; IC 3-11-4-20) • County Election Board may use special postage free envelopes for military/overseas voters for U.S. Mail (IC 3-11-4-6; 38 U.S.C 3406) • Template (and other information) to assist in preparing and printing these envelopes can be found at http://www.fvap.gov/vao/index.html under link named “Postage Paid Envelope”

  34. Absentee Voting: Military and Overseas Special Mailing Envelopes for Absentee Ballots

  35. Absentee Voting: Military and Overseas Late Receipt of Mailed Ballots from Overseas • Absentee ballot from overseas voter, whether civilian living temporarily or indefinitely overseas or in military stationed overseas (outside of the U.S.) may be counted if: • Received by noon 10 days following the election • Postmarked by the date of the election (IC 3-12-1-17)

  36. Questions?

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