Changes in Absentee Ballot Law

Working File
January 1, 1982 - January 1, 1982

Changes in Absentee Ballot Law preview

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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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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,

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