ABSENTEE VOTING PROCEDURES 2013 MUNICIPAL ELECTIONS CERTIFICATION TRAINING Presented by: Liz Bolin Opinions Division Special Assistant Attorney General Mississippi Attorney General’s Office

Introduction  General overview of absentee voting procedures  Highlight differences between general absentee voting procedures and those for members of the military, members of the armed services and overseas citizens

Who is eligible: Only those voters who fall into certain statutorily designated categories in Mississippi are eligible to vote by absentee ballot. Miss. Code Ann. Section Miss. Code Ann. Section

Who is Eligible :  Enlisted or commissioned member of any component of the U.S. Armed Forces and a citizen of Mississippi, including spouses and dependents  Member of the Merchant Marine or the American Red Cross and a citizen of Mississippi including spouses and dependents

Who is Eligible:  Disabled war veteran who is a patient in any hospital and who is a citizen of Mississippi including spouse or dependents  Civilians attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross and a citizen of Mississippi, including spouses and dependents

Who is eligible:  Students, teachers or administrators at any college, high school, junior high school or elementary school whose studies or employment with the school necessitates his absence on the day of an election (includes spouses and dependents if they maintain common domicile)  Any qualified elector who is away from his county of residence on election day for any reason

Who is eligible:  Persons who have a temporary or permanent physical disability  Persons sixty-five (65) years of age or older  Parent, spouse, or dependent of a person with a temporary or permanent disability who is hospitalized outside county of residence more than 50 miles from residence (if with such person)

Who is eligible:  Member of Mississippi congressional delegation if absent including spouses and dependents  Persons required to be at work during times which the polls will be open  Any citizen of Mississippi enrolled at a U.S. Military Academy

Applications and Ballots  Absentee ballot applications must be available 60 days before the election  Clerks are responsible for printing applications  See Miss. Code Ann. Section  Absentee ballots must be available to all absentee voters no later than 45 days before the election  See Miss. Code Ann. Section

Persons eligible to receive absentee ballot by mail:  Persons temporarily residing outside of county of residence  Persons temporarily or permanently physically disabled  Persons sixty-five (65) years of age or older

Persons eligible to receive ballots by mail cont’d:  Any person who is the parent, spouse or dependent of a temporarily or permanently disabled person hospitalized more than 50 miles away from his residence if he will be with that person on election day  No others are eligible to obtain an absentee ballot by mail  See Miss. Code Ann. Section

Ballot Applications  An absentee ballot application must have the seal of the clerk affixed to it and be initialed by the clerk or his deputy  A reproduction of an absentee ballot application is not valid unless it is provided by the clerk’s office and contains an original seal and initials of the clerk or his deputy  See Miss. Code Ann. Section

Ballot Applications  The parent, child, spouse, sibling, legal guardian, person empowered with power of attorney for elector’s affairs, or agent of the elector may orally request an absentee ballot application on behalf of the elector  See Miss. Code Ann. Section

Ballot Applications  Must be notarized unless applicant is temporarily or permanently disabled (Miss. Code Ann. Section )  If voter is disabled, must be witnessed by person 18 years of age or older (Miss. Code Ann. Section )

Ballot Applications  Permanently physically disabled voters are not required to submit a new application for each election  If the voter’s application is accompanied by a statement signed and sworn to by a physician or nurse practitioner documenting the disability, the voter may automatically receive an absentee ballot for all elections on a continuing basis without reapplication.  See Miss. Code Ann. Section

Ballot Applications  Clerks are required to keep an accurate list of permanently disabled voters whose applications are accompanied by a physician’s or nurse practitioner’s statement  Clerks shall send ballots to all persons on this list not later than 40 days prior to the election  (Miss. Code Ann. Section )

Absentee Ballots  Ballots can only be delivered to absent voters by mail (if eligible) or in-person in the clerk’s office  Mailed ballots must be returned by mail  Ballots should never be hand-delivered by the clerk or a voter  Ballots to military and overseas voters may be transmitted by fax or – more detail later

Absentee Ballots  Absentee ballots received by mail must be received by the clerk by 5:00 pm on the date preceding the election  The last chance for absentee voters appearing in person in the clerk’s office to vote is 12:00 pm on the Saturday immediately preceding the election  Miss. Code Ann. Section

Absentee Ballots  Military and overseas voters have until 7:00 pm on election day to return ballots by mail or electronically  Miss. Code Ann. Section

Absentee Ballots  Clerk shall deposit all ballots timely cast in the ballot boxes upon receipt ( Miss. Code Ann. Section )  Absentee ballots received after the deadlines shall be kept secure and unopened  Clerk shall write the day and hour of receipt of the ballot on its envelope (Miss. Code Ann. Section )

Absentee Ballots  Poll managers have the final word on whether or not an absentee ballot is accepted and counted or rejected (Miss. Code Ann. Section )  The election commission may not “re-count” absentee ballots  Training poll managers to process ballots in accordance with law is extremely important!

Military and Overseas Citizens  State and federal laws relax certain voting procedures for persons voting absentee who are members of the military, members of the armed services, or overseas citizens as defined in Miss. Code Ann. Section  Differences in procedures for voter registration and absentee balloting

Senate Bill 2642  Passed in 2010 legislative session; makes changes that affect voting practices of military and overseas citizens voting absentee  Amended State laws to comply with Military and Overseas Voter Empowerment Act (MOVE Act) (federal law)  Municipalities must comply with the changes to State law

Senate Bill 2642 cont’d: Voter Registration  An absent military or overseas voter using a federal postcard application (FPCA) or a Federal Write-In- Absentee Ballot (FWAB) may register up until 10 days prior to an election  Voter will be eligible to vote in election  Applies to spouses and dependents if also absent (Miss. Code Ann. § ; 673)

Senate Bill 2642 cont’d :  Federal Write-In Absentee Ballot (FWAB) may be used to register or update registration for absent military and overseas voters (Miss. Code Ann. Section )  Should only be used for registration purposes if information on form is sufficient to register

Senate Bill 2642 Cont’d:  Absent military and overseas citizens may choose to receive absentee ballots and applications by mail, fax, or  The clerk is authorized to receive by fax or voted absentee ballots, completed federal postcard applications, and federal write-in absentee ballots  See Miss. Code Ann. Section

Senate Bill 2642 Cont’d:  Mississippi previously allowed transmittal of absentee ballots by fax (Section )  Also permitted transmittal by electronic mail ( ) pursuant to Secretary of State’s administrative regulation  Now both methods are codified – State law

Senate Bill 2642 cont’d: Handling Ballots received by Fax or  The clerk receives a ballot via or fax  Clerk places the ballot in a ballot envelope and fills out the required information on the envelope

Senate Bill 2642 cont’d: Handling Ballots received by Fax or (cont’d)  Clerk notes on the envelope that the ballot was received pursuant to Miss. Code Ann. § NO signature required across the flap  Access to the voted ballots before they are placed in an absentee ballot envelope is strictly limited to the clerk and his/her deputy – must protect the secrecy of the ballot!

Senate Bill 2642 cont’d:  Important for election commissioners to train poll managers on this difference in processing military and/or overseas absentee ballots...  Ballots received by fax or do not require the voter’s signature across the flap

Senate Bill 2642 Cont’d:  Absentee Ballot Applications  Military and Overseas Citizens are not required to submit separate absentee ballot applications for each election  The Federal Postcard Application serves as a voter registration form (if necessary) and request for an absentee ballot in all elections (including primaries and runoffs) for the calendar year in which it was submitted

Senate Bill 2642 cont’d:  Absentee ballots completed by absent military and overseas voters are no longer required to be notarized or witnessed  Instead of notary/ witness requirement voter is required to complete declaration  Ballot materials should have instructions informing voter that notarization/witness is not required

Senate Bill 2642 cont’d:  Clerks and election commissioners must train poll managers to process absentee ballots in accordance with changes  Military and overseas absentee ballot envelopes do not require signature across flap of envelope if received electronically  Military and overseas ballots are not required to be notarized/witnessed

Questions ? CONTACT: Liz Bolin Mississippi Attorney General’s Office