21-A §753-A. Procedure for requesting an absentee ballot
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§753-A. Procedure for requesting an absentee ballot
1. Applications available. On request, the clerk shall furnish a reasonable number of absentee ballot applications to any person, except that an application may not be furnished more than 3 months before the election for which the application will be used. This subsection does not apply to a uniformed service voter or an overseas voter who requests an absentee ballot under this subchapter.
[ 2003, c. 407, §23 (AMD) .]
2. Application for state and municipal ballots at same time. If a municipal election is to be held on the same date as a statewide election, absentee ballots for the municipal and statewide election may be issued in response to the same application unless the municipal ballots are not ready to be issued at the time the statewide ballot is available. The clerk may not delay the issuance of a statewide absentee ballot in order to include a municipal ballot pursuant to this subsection.
[ 1999, c. 645, §6 (NEW) .]
3. Request in writing. A voter may complete an application or make a written request for the voter's own ballot by mail, in person or by facsimile. The voter may designate an immediate family member or a 3rd person to deliver the ballot on the voter's behalf. An immediate family member of a voter may also make an application or written request for an absentee ballot for the voter.
A. An application or a written request for an absentee ballot must be accepted by the clerk if it contains the following information:
(1) The voter's name;
(2) The voter's residence address or other address sufficient to identify the voter;
(3) The signature of the voter or the voter's immediate family member who is making the application or written request. If an immediate family member is either making the application or written request or is designated in the application or written request to deliver or return the ballot to the voter, then the family relationship to the voter must also be provided; and
(4) If applicable, a different address to which the applicant requests the ballot be sent or delivered. [2003, c. 447, §28 (NEW).]
B. If the voter needs assistance pursuant to subsection 5, then in addition to the information required in paragraph A, the following information must be provided in order for the application or written request to be accepted by the clerk:
(1) The printed name and signature of the person who helped the voter; and
(2) A statement that the aide helped the voter by either reading or signing the application, or both. [2003, c. 447, §28 (NEW).]
C. If the voter wishes to have the ballot delivered or returned by a 3rd person, then in addition to the information required in paragraph A, the following information must be provided in order for the application or written request to be accepted by the clerk:
(1) The name of the 3rd person whom the voter has designated. A 3rd person may only be designated in an application or written request that is signed by the voter. [2003, c. 447, §28 (NEW).]
[ 2003, c. 447, §28 (AMD) .]
4. Application by telephone. A voter may make a telephone application for the voter's own ballot. In this case, the voter may not designate an immediate family member or a 3rd person to deliver the ballot on the voter's behalf. The clerk shall ask the voter for the information required and complete the application, with the exception of the voter's signature, and shall write "telephone request" on the application. The clerk shall also obtain the voter's birth date and write it on the application. The clerk shall verify that it is the voter who is requesting the ballot by confirming the voter's residence address and birth date with the information in the voter's record. A telephone application must be accepted by the clerk if it contains the voter's name, the voter's date of birth, the voter's residence address or other address sufficient to identify the voter and, if applicable, a different address to which the applicant requests the ballot be sent or delivered.
[ 2003, c. 447, §29 (AMD) .]
5. Assistance to certain voters. A voter who is unable to read, sign or complete an application because of physical disability, illiteracy or religious faith may request another person, other than the voter's employer or agent of that employer or an officer or agent of the voter's union, to assist the voter in reading, signing or completing the application. If an aide assists a voter by reading or signing the application, the aide shall complete and sign the certificate on the application stating that the aide has assisted the voter.
[ 1999, c. 645, §6 (NEW) .]
6. Application by electronic means. A municipal clerk shall accept absentee ballot applications by the electronic means authorized by the Secretary of State. The Secretary of State shall design or approve the form of the absentee ballot application to be submitted by electronic means.
A voter may make an application for the voter's own ballot by electronic means using the form designed or approved by the Secretary of State. The voter may not designate an immediate family member or a 3rd person to deliver the ballot on the voter's behalf. The clerk shall verify that it is the voter who is requesting the ballot by confirming the voter's residence address and birth date with the information in the voter's record. The clerk shall print the electronically submitted application and write "electronic request" on the application.
[ 2009, c. 563, §1 (AMD) .]
SECTION HISTORY
1999, c. 645, §6 (NEW). 2003, c. 407, §23 (AMD). 2003, c. 447, §§28,29 (AMD). 2007, c. 515, §10 (AMD). 2009, c. 253, §47 (AMD). 2009, c. 563, §1 (AMD).