Changes in Absentee Ballot Law
Working File
January 1, 1982 - January 1, 1982

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Case Files, Bozeman & Wilder Working Files. Changes in Absentee Ballot Law, 1982. 21fe0ac8-ed92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/686e06c8-54e5-4e4f-a0bb-e5851bec4213/changes-in-absentee-ballot-law. Accessed April 27, 2025.
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frt, (osht Qot,,ls t 9' fr'rl'i, CHANGES IN ABSTI{TTE BALLOT LAl.| NEt{ PR0vISION (Act so-#OLD PROVISION ){ ( 17- 1o-4 ) Application required name' age' sex, address, and precinct where appllcant last voted. ( 17- 1o-4) Name and resldence address requlred and other lnformation only lf necessary to verify that applicant is registered to vote. Permlts absentee election manager to accept application vr only name and resldence address long as applicant can be verifir as a rdgistered votcr. Additiot information can be requested if necessary to determine if aPPli' cant i s regi s tered . T/rr{, {v,,\ s iq lo on r.l/v. rtt,t/o(<- Makes requi rements equa'l f' all applylng for absentee ballo No longer Places additional bur, on handlcppped and disabled tlra' is not required of other c'itizei Should he'lP discourage fra' by maki ng potenti a I vi o'l a tor aw' bf penalties before aPPlication subml tted. Clears uP ambiguitY in law Frl loor e1,ti,rrtffff, 'lo Yt,7 Provldes Permanent record to asslst in any Possible Prose cution of fradulent absentee ballot practices. Now, slnce voter does not slgn direct,l'y on the ballot, an absentee voter can cast a secre ballot iust as other voters do' ( rz- 1o-4) \,, Doctor' s certi f i cate was requl red ;tr- ir voter vras in the county on electlbn day but unable to go to polls because of physical disabilitY. (17-lo-4) Penalties were not Prlnted on appl ication. (17-10-5) I'lethod of ballot dellvery to voter not speci fied. (17-1o-s) List of absentEe ballot appllcants destroyed 60 days after election. ( 17- 1o-6 ) Voter's affidavit, sworn to before a notary, v,as printed on the ballot. ( t7- 10-4 ) Doctorrs certificate no longer lequlred ( l7-lo-4) Penalties for vlolatlon of absentee election law are now to be printed on ap., pl I cation. ( 17- lo-s )- Ballot must be dellver'ed elther ln person or by U.S. mail. (17-10-5)- C'lerk or Regl ster mal ntal ns I I st for 60 days after the election then flles the list with probate Judge. (r7-ro-7) New affidavlt no longer Prlnted on absentee ballot but now is printed on sep- arate envelope. { ry 731- NEtl PROVISION (rruc B0-142 REASON CHANGE The two enveloPe sYstcm further for a secret ballot ldentifl cation I nformation from the ballot. FOR OLu PROVISI0N + (17-to-e) 0nly one wi th absentee (17-lo-7) 0ld Voters' affidavit requires voter to swear he is a resident of hjs voting precinct or dlstrict and county and is a qualified voter. ( 17- 10-7 ) 0ld'law required ballot to be notari zed. ( 17-10-7)' New oath also requires voter to pr9- vide residence addresi and date of blrth' to indlcate reason why entitled to vote absentee, to swear th;t ballot was marked ,oirntutily and to acknowledge understand- ing that giving false informatlon is a mi s demeanor. (17-10-7) New'law provldes that voters slgn- ature must be vltnessed by either a notary public or other officials authorlzed to icknowledge oaths, or two witnesses 18 years oId-or older. Witnesses must pro- vide address. ( 17- 10-e ),-' -irro'envelopes wlll be provided under the new l,aw - oire plaln envelope and the other a return envblope with voter's af- iiJirti on back. The'ballot ls sealed ln ine-oiatn envelope whlch ls then placed ln ifre i'eturn envelbpe for delivery to the absentee ballot manager. ( 17- 10- 1o)-Requires absentee electlon manager to record recelpt on list of absentee ballot appl i cants ( 17- lo- 1o)-ip..ifles that ballots are to be de- livered beginning at 12:00 noon on elec- tlon daY. ( 17- 10- lo)r-' -F.ovides that electlon offlclals wlll revlew the affldavlt to determlne that ,.i.t ti entitled to vote, separate thls iffi piiin envelope contalnlng ballot' and place'batlot envelope ln sealed box. ProVides additional verification lnformation and makes voter aware of penalties for providlng false informa tlon, thereby further discouraging absentee ballot fraud. Provldes adequate safeguard agai abuse witlrout unnecessary burden of obtalning the signature of a notary' Illtness iddresses will allow them to be located ln cases of suspected frau envelope was Provlded bal lot. provi des since vot is separat rL ( 17- lo- lo)7T- Absentee election manager was to deliver ballots to election officals during the time Polls open on elec- tion day. ( tz- to- to)' Procedure for checklng affldavlt not previouslY set out. (t7-10-10)' Required absentee electlon manager to sign each returned enve- lope-and to ricord date and hour of rece i pt. I SlmPllfles absentee election mar agerts recording duties. SPeclfles tlme so that lnterestt oartlei can be present to obserVe Err Itratlenge any absentee ballots whlch might hive been fradulentlY cast' Establlshes procedure wh'lch allr for publlc verifli:ation of affidavit: ana itill preserves secret ballot' OLD P,TOVISI0N ?JL NE}l PROVISI0N \.,dt B0-18) t( (3 REASON FOR CHANGE Glves addltlonal for plannlng, fllling (17-10-11)' Appointing Board requlred to meet' four days before the election and. ap- point oificials for the absentee box. (17110-ll)' Poll'watchers not expllcitly pro- vided for in old law. : (17-lo-12) Required Probate Judge to deliver absentee ballot supplies to the absen- tee election manager not less than 2l days before any electlon. rr-(t7-10-12),tf Prohibited person from serving as absentee election manager if he or she is a candidate in the election. (17-lo-17) Provides that violatlon of absentee voting laws punishable by a fine of not n,ore lhan $zboo and up to twelve rnnths in jail. ( 17- 1o-1 I )- New iaw Permlts aPPointments to be made earller than 4 days before the el ecti on. ( l7-10-11 ) New irovision Permits candidates .or partie's to have slngle poll watcher prelent during the examlnatlon and :r tounting of 'absentee bal lots. (17-lo-12)' Makei an excePtlon for run-off prlmaries by requlring supplles to be dellvered 7-days prior to an electlon. (17-ro-12)' Law is now amended to forbld some- one from serving as absentee electlon manager only if he or she ls a candl- date with opPosltion. ( 17- 10- 17 )' llew iaw makes votlng more than once, votlng for another voter, and falsifylng in application or affldavlt punistriuti uv ,b'to two years in prison 'as well as. the $2000 fine' r,l:,1,r'f Further safegaurd against fraud Permlts opportunitY to challenge fradulently cast abscntee ballots. The Previous 2l daY requirement was lmposiiUte to meet in a run-off primary situation. Allows unoPPosed candidate to serve as absentee election manager' t More severe Penalities designec discourage fraud. tlme if desire of vacancies, 6,lbF fr, t't)rr o Pf aL f"r*-q br/,t /L^f clo,tl' ryuuf'J M fq,4U, (ot\t On'ol: ( hostrl, , J,t(to t P,utW t d^* lon