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Absentee Ballot Procedures

Absentee Ballot Procedures. Special Absentee Voting Procedures Absentee Voting for Military and Overseas Voters Replacement Absentee Ballots. Absentee Ballot Procedures. General Procedures

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Absentee Ballot Procedures

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  1. Absentee Ballot Procedures • Special Absentee Voting Procedures • Absentee Voting for Military and Overseas Voters • Replacement Absentee Ballots

  2. Absentee Ballot Procedures General Procedures • Types of Absentee Voting: Voters may apply to vote by mail, in-person, or by traveling board (State Forms ABS-1 and ABS-2) • Mail: Ballots delivered by 50th day before election, begin mailing out by 45th day before election, and voters may apply thru 8th day before election • In-person: 29th day thru noon the day before election (may be shorter in a municipal election year) • Traveling Board: last 12 days before election • Authentication: Absentee ballots must be authenticated (clerks seal and signature and absentee board members initials)

  3. Absentee Ballot Applications Restrictions On Providing Pre-Completed Application • Limits on “pre-completed” absentee ballot applications: • OK: Name; registration address; date of birth • NOT OK: Reason for voting absentee by mail, party affiliation (primary), type of ballot (school board only) • NOT OK: Entering a mailing address different to the registration address for the voter (IC 3-11-4-2)

  4. Absentee Ballot Applications Providing Assistance to Voter With Absentee Ballot Application • Person “assisting” voter after application is provided to voter must document assistance on application (IC 3-11-4-2(f)) • A person who receives absentee ballot application of a voter for delivery must file it with the county within 7 days of receipt, or by deadline for filing, whichever occurs first (IC 3-11-4-2(g); IC 3-14-2-5)

  5. Absentee Ballot Applications Providing Assistance to Voter With Absentee Ballot Application • Person “filing” someone else’s application with county election board must complete affidavit (one per stack) when filing (State Form ABS-17) (IC 3-11-4-2(h)) • This does not apply to the voter • This does not apply to the mailman or a bonded carrier (UPS or FedEx, for example)

  6. Absentee Ballot Applications Providing Assistance to Voter With Absentee Ballot Application • General Rule: Voter signs own application • Exception1: A power of attorney may apply for voter if a copy of the power of attorney is attached to the application (IC 3-11-4-2(b)) • Exception 2: The county election board may appoint a person to sign an absentee ballot application if a voter cannot (IC 3-11-4-2(b))

  7. Absentee Application Challenges Absentee Ballot Challenges • An Absentee Ballot Application may be Challenged • A challenge is filed either by a county election board member or absentee board member and is determined by the county election board (State Form ABS-20; IC 3-11-4-18.5) • If an application to vote absentee by mail is challenged, an absentee ballot is not mailed to voter until the challenge is resolved by the county election board (IC 3-11-4-18.5; IC 3-11-4-18(e))

  8. Absentee Application Challenges County Election Board Determination • On applications to vote absentee by mail the board may determine: • To grant the application and mail ballot • To deny the application if it contains a false statement or if application was not completed or filed in a manner that complies with Indiana or federal law (IC 3-11-4-17.5(b)) • The county election board may also refer the matter, if appropriate, to the county prosecuting attorney if board determines criminal acts have occurred (IC 3-11-4-18.5(d); IC 3-6-5-31)

  9. Absentee Application Challenges Voter Voting Absentee in Clerk’s Office • If a voter voting absentee in person in the clerk’s office and is challenged then the voter is permitted to vote without an immediate determination by the board • Voter’s ballot shall be treated as a provisional ballot • Provisional ballots are segregated from other ballots and the county election board determines their validity after election day (IC 3-11-4-17(a))

  10. Absentee Ballot Procedures Electronic Voting System Use for In-Person Absentee Voting County election board must make electronic voting system available to disabled voters who vote absentee in-person so that they may vote “privately” and “independently” (IC 3-11-9-6) CEB must pass resolution specifying procedures- central count county procedures will be different than counties that count absentee ballots at the polls (IC 3-11.5; IC 3-11-10-12.5) Contact the Indiana election division for sample resolutions

  11. Assistance with Absentee Ballot Assistance in Voting an Absentee Ballot • A person with a power of attorney may NOT vote an absentee ballot for another person (IC 30-5-5-14(a)(6)) • A person with disabilities unable to mark ballot or sign secrecy envelope who requests that a ballot to be delivered to them, must vote before a traveling board (IC 3-11-10-24(b)) • A person who assists another with a mailed absentee ballot (power of attorney or other person) must sign the absentee ballot envelope, under oath, that the voter “personally marked” ballot in secret and voter was not “coerced or improperly influenced” (IC 3-11-4-21) (State Form VRG-6)

  12. Assistance with Absentee Ballot Assistance in Voting an Absentee Ballot: Ballot Delivery • Mailed absentee ballots may be returned by voter by mail or bonded courier • In addition, the voter, a member of voter’s household, and voter’s power of attorney may hand-deliver a voted absentee ballot to the county election board • Person other than the voter, mailman or bonded carrier, who hand-delivers an absentee ballot to the board must sign an affidavit (State Form ABS-19) which requires statement that they are a member of voters household or the voter’s power of attorney (IC 3-11-10-1; IC 3-11-10-24)

  13. Absentee Voting Assistance Crimes Assistance in Voting an Absentee Ballot: Absentee Ballot Crimes • D Felony to “show” a marked ballot to someone or for someone to “examine” another’s ballot unless authorized (IC 3-14-2-16) • Certain persons may physically assist voter in absentee voting- the traveling absentee voter board, absentee voter board in office of clerk (IC 3-11-9) • D Felony to “receive” or “deliver” a voted absentee ballot unless authorized (member of voter’s household, power of attorney, mailman or bonded carrier, traveling board) (IC 3-14-2-16)

  14. Absentee Voting Assistance Crimes Electioneering an Absentee Voter • Class A Misdemeanor to “electioneer” (express support or opposition to candidate or party) in-person if you know the person has an absentee ballot (IC 3-14-3-16) • 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

  15. Absentee Voting: Permissible Activity Electioneering an Absentee Voter • Parties and candidates often track which voters have submitted an absentee ballot application and received or returned a ballot from the Absentee Ballot Activity Report • This report is a public record • Parties may use the report to electioneer voters by mail, phone, fax or email

  16. Absentee Voting: Military and Overseas Absent Uniform Service Voters and Overseas Voters • Special Forms and Procedures • Voting By Fax or Email • Federal Write-in Absentee Ballots • Miscellaneous Special Procedures

  17. Absentee Voting: Military and Overseas 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” • National guardsman deployed outside of Indiana • Spouse or dependent of above (IC 3-5-2-1.5)

  18. Absentee Voting: Military and Overseas Overseas Voter • Absent uniform service voter who is outside of U.S. on election day • Person living outside of U.S., either temporarily or indefinitely, but otherwise eligible to vote in Indiana (IC 3-5-2-34.5)

  19. Absentee Voting: Military and Overseas Special Military/Overseas Forms A military/overseas voter may designate their status a military overseas voter one of these two forms: • FPCA (Standard Form 76) 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)

  20. Absentee Voting: Military and Overseas Box 1 of the FPCA allows a person to designate the type of military/overseas voter  x

  21. Absentee Voting: Military and Overseas Box 1 of the ABS-15 also allows a person to designate the type military/overseas voter  X

  22. Absentee Voting: Military and Overseas • Impact of MOVE • What is MOVE?: Federal “Military and Overseas Voter Empowerment Act” enacted in 2009 and adopted into Indiana law in 2010 • Purpose of MOVE: Help military/overseas voters vote in US elections • Impact of MOVE: Emphasis on printing absentee ballots sooner (50th day before election instead of 45th day) and using electronic means (Fax and Email) to communicate and transmit ballot materials

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

  24. Absentee Voting: Military and Overseas MOVE information sheet

  25. Absentee Voting: Military and Overseas • Absentee Ballot Applications • All Military/Overseas voters may submit an absentee ballot application by mail, fax or Email (scanned copy of completed application attached) • 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 and is never too soon • (IC 3-11-4-6 (b) and (c))

  26. Absentee Voting: Military and Overseas Voting Absentee by FAX or Email • Special Applications (ABS-15 or FPCA) allow military/ overseas voters to request ballot by mail, fax, or email • Special deadline: Voter requesting to vote by FAX or Email 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

  27. Absentee Voting: Military and Overseas Voting by FAX or Email • If application to vote by FAX or Email is approved, clerk faxes a ballot (or emails a scanned copy of ballot), a cover sheet/affidavit (ABS-9), and “MOVE” instructions to voter (There is also an Email option to send absentee ballot through DOD ETS service) • 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”

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

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

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

  31. Absentee Voting: Military and Overseas Special Procedures for Absentee Ballot Applications • If the application is granted then it is considered a “continuing” request for one year from the date of the application (IC 3-11-4-6(e)) • A continuing request is considered cancelled if an absentee ballot is returned undeliverable

  32. 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.) • The overseas voter is considered a resident of precinct of county voter registration office; and • The overseas voter is entitled to federal only ballot (IC 3-11-4-8) x

  33. Absentee Voting: Military and Overseas • Federal Write-in Ballot • The Federal Write-in absentee ballot (FWAB) is considered a “back-up” method for military/overseas voters to address delay in the delivery of ballots to and from military/overseas voters • Available from Voting Assistance Officers, U.S. Embassy, or U.S. Consulate • May be downloaded from www.fvap.gov

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

  35. Absentee Voting: Military and Overseas

  36. Absentee Voting: Military and Overseas • MOVE and the FWAB • Federal Write-in absentee ballot (FWAB) may now 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 • State write-in absentee ballot (SWAB?) was repealed

  37. Absentee Voting: Military and Overseas • Federal Write-in Ballot • Special rules apply to counting a FWAB in a primary election, for example, the following ballots/votes will not be counted: • Voter writes name of a political party but does not indicate a vote for any individual candidate • Voter votes for candidates of different political parties • Votes for a candidate but does not indicate office

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

  39. 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

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

  41. Absentee Voting: Military and Overseas Special Mailing Envelopes for Absentee Ballots • In General, 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) • The County Election Board may use special postage free envelopes for military and overseas voters for U.S. Mail (IC 3-11-4-6; 38 U.S.C 3406) • The template (and other information) to assist in preparing and printing such envelopes can be found at http://www.fvap.gov/vao/index.html under link named “Postage Paid Envelope”

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

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

  44. ABSENTEE VOTING Replacement Absentee Ballots • For spoiled or lost absentee ballots, ballot errors, or ballot vacancies after absentee ballot voted voter may apply for replacement ballot (IC 3-11-10-1.5; IC 3-11-4-17.7) • Use State Form ABS-5 (IC 3-11-4-17.7) • Mark any original ballot cancelled, attach the ABS-5 to original ballot, and indicate in absentee ballot record • Voter is to destroy any ballot later coming into voter’s possession

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