Topic:
ABSENTEE VOTING; CONSTITUTIONAL LAW; ELECTIONS (GENERAL); HANDICAPPED; MILITARY PERSONNEL; RELIGIOUS GROUPS;
Location:
VOTING, ABSENTEE;

OLR Research Report


September 7, 2006

 

2006-R-0536

USE OF ABSENTEE BALLOTS

By: Sandra Norman-Eady, Chief Attorney

You asked if there are constitutional or statutory barriers to extending the use of absentee ballots. Specifically, you wanted to know whether the law could be changed to allow a person to vote by absentee ballot for any reason or no reason. You also wanted to know the electors qualified to vote by absentee ballot in other states.

SUMMARY

The General Assembly can extend the use of the absentee ballot, but only by amending the state constitution. The constitution sets the qualifications of electors and the time, place, and manner for voting. Of specific importance to this report is Article VI, § Seven, which authorizes the General Assembly to allow electors to vote by absentee ballot only if they are unable to appear at the polling place on the day of election due to (1) absence from their city or town of residence, (2) sickness or physical disability, or (3) the tenets of their religion, which forbid secular activity. Thus, it would require a constitutional amendment to open the absentee voting process to more people.

The General Assembly exercised its authority by enacting CGS § 9-135, which permits any qualified elector to vote by absentee ballot if:

1. he is absent from his city or town of residence during all hours of voting;

2. he is ill or physically disabled;

3. the tenets of his religion forbid secular activity on the day of the primary, election or referendum;

4. he is in active service with the armed forces of the United States; or

5. he is an election or referendum official outside of his voting district and his duties will keep him away during all hours of voting.

All states allow voters the option of using an absentee ballot to cast their votes by mail before an election if they cannot get to the poll on Election Day generally because of illness, disability, or absence from the state. However, a majority of states now also allow voters to cast their ballots, without an excuse, before Election Day by visiting an election official's office or some other satellite voting location. This practice is referred to as early voting or in-person absentee voting.

This report focuses on the former type of absentee (in-mail) voting, as opposed to early or in-person absentee voting. For more information on early voting, see OLR Reports 2004-R-0821 and 2004-R-0906.

ABSENTEE VOTING BY STATE

Typically, any elector who wants to vote by absentee ballot must request an absentee ballot from the registrar of voters in his voting district at least a week before the election. Once the voter receives the ballot, he marks it (and has it witnessed in about one-half of the states) and mails it back. State laws differ on when absentee ballots must be counted and who does the counting. However, most states count absentee ballots on Election Day (more time is often allotted for counting overseas ballots). Table 1 shows the different reasons (if any), by state, for an otherwise qualified elector to vote by absentee ballot in state elections. The table also shows when the ballots are due.

Federal law (42 USC § 1973aa-1) requires all states to allow qualified former residents to vote for president and vice president if they move away within 30 days of the election and after their new state's voter registration cutoff. Such voters in Connecticut use what we call a “presidential ballot; ” while in some other states, they can appear at a polling place or use existing absentee ballot procedures.

Table 1: Voting by Absentee Ballot

States

Reasons with Statutory Citations

Ballots Due By

Alabama

1. Out of voting district on election day for any reason, including because of status as a student, election official, or poll watcher;

2. Physical illness or infirmity that prevents attendance at the polls;

3. Work at least a 10-hour shift during the hours the polls are open; or

4. Member, spouse, or dependent of a member of the U. S. armed forces (17-10-3)

Close of polls on election day

Alaska

No Reason Needed (15. 20. 010)

10 days after election (15 days for overseas)

Arizona

No Reason Needed (16-541 (A))

7 pm election day

Arkansas

Unavoidably absent from polling site on election day—No reason required (7-5-418)

7: 30 pm election day

California

No Reason Needed (Election Code 3003)

8 pm election day

Colorado

No Reason Needed (1-8-102)

7 pm election day

Connecticut

1. Absent from voting district during voting hours, including election and referendum officials performing duties outside of district;

2. Ill or physically disabled;

3. Religious tenets forbid secular activity on the day of the primary, election, or referendum; or

4. Member of the U. S. armed forces (9-135)

8 pm election day

Delaware

1. Employee of the federal or state government, lives temporarily outside the U. S. , or became ill or injured while serving in the U. S. armed forces;

2. Member of the U. S. armed forces or Merchant Marine, or serving in the American Red Cross or United Service Organizations;

3. Business or occupation prevents attending polls;

4. Sick, physically disabled, or providing constant care to an ill or injured parent, spouse, or child who lives at home;

5. On vacation outside of the district;

6. Tenets or teachings of religion prevent voting on particular day; or

7. Otherwise authorized by federal law to vote by absentee ballot. (15-5502)

Noon, day before election

Florida

No Reason Needed (9-101. 657)

7 pm election day

Georgia+

1. Absent from voting district during polling hours;

2. An election official;

3. Physically disabled or required to give constant care to someone who is physically disabled;

4. Election or primary falls on a religious holiday;

5. Required to remain at work within the precinct to protect public health, life, or safety during the entire time the polls are open; or

6. Age 75 or older (21-2-380).

Close of polls

Hawaii+

No Reason Needed (15-4(a))

Close of polls

Idaho

No Reason Needed (34-1001)

8 pm election day

Illinois

1. Absent from voting district for any reason, including school attendance;

2. A judge of election outside of voting district;

3. Physically incapacitated;

4. Religious tenets;

5. Performing election duties for the office of an election authority, the State Board of Elections, or a law enforcement agency, including the Offices of the Attorney General, a State's Attorney, a U. S. Attorney, or a state, county, or municipal police department;

6. Serving as a sequestered juror on a state or federal jury; or

7. In jail pending acquittal or conviction of a crime (10-5/19-1)

Close of polls

Indiana

1. Out of voting district during polling hours for any reason, including service as a precinct election officer, a watcher, challenger or poll book holder, or employee of an election board that administers the election;

2. Elderly, disabled, or confined because of illness or injury;

3. Caring for an individual confined to a private residence because of illness or injury during polling hour;

4. Scheduled to work during polling hours;

5. Religious tenets prevent voting during polling hours;

6. Participant in an address confidentiality program; or

7. Former resident (within 30 days of election) (3-11-10-24)        

Close of polls

Iowa

1. Absent from voting district,

2. Illness or physical disability, or

3. Expects to be unable to go to the polls on election day (2-53. 1)

Close of polls/Monday after election if postmarked by election day

Kansas

No Reason Needed (25-1119)

Close of polls

Kentucky

1. Advanced age, illness, or physical disability;

2. Dependent, of or member of, armed forces, or resident living overseas;

3. Student temporarily outside of voting district or other residents temporarily outside of state; or

4. In jail awaiting trial;

5. Job requires absence from voting district during polling hours and hours for voting by in-person absentee ballot (117. 085(a) and 117. 075)

Close of polls

Louisiana

1. Member, spouse, or dependent of member of armed services;

2. Student or teacher (and spouse or dependent) at school outside of voting district;

3. Member of the clergy (includes spouse and dependents) assigned to a religious post outside voting district;

4. Temporarily out of state or voting district;

5. Moved within state but more than 100 miles from former residence after last day for registering;

6. Involuntarily confined in an institution for mental treatment outside voting district, but not interdicted or judicially declared incompetent; or

7. Resides outside the U. S. (18-303(B))

Midnight day before election

Maine

No Reason Needed (21A-9-751)

Close of polls

Maryland

1. Absent from voting district;

2. Illness, physical disability, or confinement to an institution;

3. Death or serious injury in immediate family;

4. Full-time student at school outside voting district;

5. Employed by or providing service as an official of the state or a local board of elections; or

6. Otherwise authorized by federal law (9-304)

Friday of the week after the election

Massachusetts

1. Employed outside voting district,

2. In school or physically disabled, or

3. Religious beliefs (54-86)

10 days after election

Michigan+

1. Absent from voting district,

2. Physically unable to attend the polls without assistance,

3. Religious tenets,

4. An election precinct inspector outside voting district,

5. Age 60 or older, or

6. Confined to jail awaiting arraignment or trial (116-168-759)

8 pm election day

Minnesota

1. Absent from the precinct,

2. Illness, disability, religious discipline, observance of a religious holiday, or service as an election judge in another precinct;

3. Member or spouse or dependent of member of military; or

4. Temporarily residing outside the U. S. (203B. 02)

Last mail delivery election day

Mississippi

1. Student or teacher (and spouse or dependent of such) required to be outside of voting district;

2. Employee of a member of the Mississippi congressional delegation (and his spouse and dependents) required to be outside of voting district;

3. Away from voting district for any reason, including temporarily outside U. S. ;

4. Disabled veteran or physically disabled and unable to vote without substantial hardship or potential danger to others or self;

5. Parent, spouse, or dependent caregiver to a hospitalized physically disabled person outside of voting district;

6. Age 65 or older;

7. State congressman and his spouse and dependent out of state on election day; or

8. Required to be at work during polling hours; or

9. Enlisted in U. S. armed services or serving in Merchant Marine or American Red Cross (23-15-673 and 23-15-713)

5 p. m. day before election

Missouri

1. Absent from voting district;

2. Illness or physical disability;

3. Primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability;

4. Religious belief or practice;

5. Employed as an election authority, a member of an election authority, or by an election authority outside voting district;

6. Incarcerated but qualified to vote; or

7. New resident (115. 277)

Close of polls

Montana

No Reason Needed (13-13-201)

Close of polls

Nebraska

No Reason Needed (32-938)

10 am second day after election

Nevada

At least age 65 or physical condition that substantially impairs ability to go to the polling place (293. 313)

Close of polls

New Hampshire

Absent from voting district, physically disabled, or cannot appear in public because of religious commitment (657: 1)

5 pm day before election

New Jersey

No Reason Needed (19: 57-2 and -3)

8 pm election day

New Mexico

No Reason Needed (1-6-3)

7 pm election day

New York+

1. Unavoidably absent from voting district because of work, studies, or other duties;

2. On vacation or otherwise outside voting district;

3. Hospitalization, physical disability, or illness;

4. Inmate or patient of a veteran's administration hospital;

5. Out of voting area accompanying a spouse, parent, or child; or

6. Detained in jail awaiting action by a grand jury or trial, or confined in prison for a misdemeanor offense (Elections 8-400)

Postmarked day before election

North Carolina

No Reason Needed (163-226a)

5 pm day before election

North Dakota

No Reason Needed (16. 1-07-01)

Within 2 days after election

Ohio

No Reason Needed (3509. 02)

Close of polls

Oklahoma

No Reason Needed (26-14-105)

7 pm election day

Oregon*

No Reason Needed (253. 015)

8 pm election day

Pennsylvania+

1. U. S. serviceman, Merchant Marine, or his spouse or dependent absent from municipality of residence during polling hours;

2. A member of a religious or welfare group serving with the armed forces and his spouse and dependents residing with him or her, who expect to be absent from municipality of residence during polling hours;

3. Employee (and his spouse and dependents) required by job to be absent from municipality of residence during polling hours;

4. A qualified war veteran elector who is bedridden or hospitalized due to illness or physical;

5. Ill or physically disabled;

6. A county employee whose Election Day duties relating to the conduct of the election will prevent him from voting; or

7. Religious holiday observance (25-3146. 1)

5 pm Friday before election

Rhode Island

1. Absent from the state during polling hours or student outside of voting district;

2. Illness, mental or physical disability, blindness, or other serious impairment to mobility;

3. Religious tenets;

4. Confined in a hospital, convalescent home, nursing home, rest home, or similar institution;

5. In jail awaiting trial or imprisoned after a conviction for a crime, other than a felony;

6. Temporarily out of the state because of military employment or service (also applies to spouse and dependent living with the employee or serviceman); or

7. Employee of the state board of elections, elections division of the secretary of state, or a local canvassing authority, or a poll worker assigned to work on Election Day outside of voting district (17-20-2).

9 pm election day

South Carolina

1. Student, member of the U. S. armed forces or Merchant Marine, service with the American Red Cross or United Service Organizations, and their spouses or dependents residing outside of voting district;

2. Employee obligated to work during polling hours;

3. Physically disabled, caring for sick or physically disabled persons, or hospitalized as emergency patient on election day or in preceding four days;

4. Overseas citizen or government employee, including spouses, and dependents residing with them;

5. Death or funeral in the family within three days before the election;

6. Out of voting district on vacation;

7. Certified poll watchers, poll managers, county voter registration board members and staff, county election commission members and staff working on election day;

8. Juror on election day;

9. At least age 65; or

10. Detained pending disposition of arrest or trial (7-15-320).

Close of polls

South Dakota

No Reason Needed (12-19-1)

Close of polls

Tennessee

1. Outside voting district during polling hours;

2. Student and spouse living temporarily outside voting district;

3. Physically disabled or over age 65;

4. Full-time residents of a licensed nursing home, home for the aged, or similar licensed institution providing relatively permanent domiciliary care, other than a penal institution, outside voting district;

5. Juror or candidate for office;

6. Election official or member or employee of the Election Commission;

7. Observing religious holiday; or

8. Commercial driver working outside voting district with no out-of-county or out-of-state address (2-6-201)

Close of polls

Texas

1. Outside county of residence during polling hours,

2. Disabled, or

3. Confined in jail on a misdemeanor conviction or pending trial or appeal (82. 001)

Before close of polls

Utah+

No Reason Needed (20A-3-301)

Noon, Monday following election

Vermont

No Reason Needed (17-2531)

Close of polls

Virginia

1. Outside of voting district during polling hours because of work, vacation, school, or military service;

2. Physically ill or disabled or cares for an ill or disabled family member who is confined at home;

3. In jail pending trial or serving sentence for misdemeanor conviction;

4. Member of an electoral board, registrar, election officer, or voting equipment custodian;

5. Religious obligation; or

6. Working or commuting to work during at least 11 of the 13 hours that polls are open (24. 2-700)

Close of polls

Washington

No Reason Needed (29A. 40. 010)

10 days after election

West Virginia

1. Confined and prevented from voting during polling hours for medical reasons or because of physical disability or immobility due to extreme advanced age, or incarceration for a crime other than a felony or bribery in an election; or

2. Outside of voting district due to personal or business travel, school attendance, work, or military service (3-3-1)

Close of polls

Wisconsin

No Reason Needed (6. 20)

Close of polls

Wyoming

No Reason Needed (22-9-102)

7 pm election day

Source:   Electionline. org, produced by Election Reform Information Project, NCSL citing the Federal Elections Commission, and OLR.

States that require that absentee ballots be signed by a notary public or witness are in italics

+These states require a witness only if the voter was assisted in completing the absentee ballot

*Oregon conducts all elections solely by mail ballot.

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