(a) Applications. Although requests for application forms may be accepted by phone, a ballot may not be sent until the recorder receives a written application giving the reason for voting absentee and the voter's signature. Once a written application is received, a ballot must be sent, although it would be challenged if the voter did not appear to be eligible to receive a ballot.
(b) Special Absentee Voting List. A voter who is permanently disabled may apply to be placed on the special absentee voting list (a physician's certificate is required). Once this form is properly completed and filed, the recorder is required to send voters on this list an application for voting absentee. Municipal officials should request and use the county's special absentee voting list for the town.
(c) Receiving Absentee Ballots by Mail. To be counted, ballots by mail must be received by the close of the polls on election day -- or if postmarked by the U. S. Postal Service by election day, received no later than the beginning of the canvass. The recorder will be required to check at the post office on election day to make sure all absentee ballots have been delivered. A mailed ballot may be accepted without postmark if received on the day after the election. No reference to postmark is made for military and overseas voters. A person may hand deliver the absentee ballot of an absentee voter -- this is especially useful when the voter is ill and has requested the ballot fairly late. However, the ballot must be delivered to the recorder's office no later than the day before the election, and one person may not hand deliver more than two ballots. When a ballot is received, the date and manner received is entered into the permanent absentee voting record. If the ballot is provisional, the ballot is placed in a separate envelope to be kept secure until the canvass, when the recorder will deliver it to the canvassing board. If the ballot is not a provisional ballot, it is placed with other ballots according to procedures for the voting system used.
(d) Emergency Absentee Voting. Beginning seven days before the election and ending on election day, with the request received no later than 12:00 noon on election day. Voters in the hospital on election day, and depending on county policy, those who reside in nursing homes, are eligible. This service is only available to the patient, not family members. If there is a hospital in the same county as the municipality, emergency absentee voting must be available. If a voter is in the hospital on election day, he/she may request an emergency absentee ballot.
(e) Ballots are Returned. No later than the close of polls on election day, or if postmarked by the U. S. Postal Service no later than election day and received before the beginning of the canvass.
(1) By mail to the recorder; no later than the day after the election if there is no postmark
(2) By mail to the recorder; or no later than the day before the election (for example, the Saturday before a Tuesday election).
(f) Provisional Absentee Ballots. When the voter is not eligible or the requirements of law designed to protect the integrity of the ballots are not met, the ballot is provisional. Judgment on the validity of the ballot is determined at canvass. Absentee ballots may be marked provisional by the recorder at several points in the process -- before a ballot is mailed or when the mailed ballot is returned, or when a voter votes in person. The challenge and the reason for it are entered on envelope #2, the record of the challenge is entered in the permanent absentee voting record and the ballot is held by the recorder to go directly to the canvassing board. It is the duty of the recorder to provide a provisional ballot before the ballot is issued when:
(1) The application has not been completed as required by law (Note: The key requirements for applications for ballots by mail are the voter's name, residence address, an address outside the county to which the ballot is to be mailed, if required, a valid reason for voting absentee, affidavit of the sheriff if incarcerated, and signature. The absence of the precinct number or correct election date are not reasons for challenge. For voting in person, the recorder or clerk should check before issuing the ballot to make sure the application is complete.); or
(2) The recorder has evidence the statements contained in the application are not true; or
(3) The applicant is not registered in the town of Eleanor. The recorder is required to provide a provisional ballot to a voter who votes in person if the person receives assistance in voting but would have been able to vote without assistance. The recorder is required to mark the absentee ballot as provisional upon receipt of the ballot when:
A. The ballot envelope is not signed by the voter;
B. The person voted absentee by mail because of being out of town on election day but the ballot was not mailed from out of town which is evidenced by postmark or statement of voter (except for voters whose hours and distance worked make it impossible to vote in- person);
C. The ballot is hand delivered after the day before the election, or one person hand delivers more than two ballots;
D. The ballot is received after the close of the polls, with no valid postmark, or after the beginning of canvass if postmarked by election day.
(Ord. 05-07. Passed 10-20-05.)