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| October 24, 2008 (Issue 398) |
Accommodating
Absentee Voters ? Residential Facilities:
The following recommendations
and points of information are offered in response to recent inquiries received
by the Bureau regarding absentee voters residing in long term care facilities
including nursing homes, group homes and other assisted living facilities.
· Contact
Facility Management:
Facility staff as well as election officials should never urge a voter to
obtain assistance with the marking of his or her ballot. Let the facility
management know that you and your staff are available to provide assistance
if requested by the voter. Note that such assistance, if requested, will
be provided by two individuals representing different political parties.
Encourage facility management to advise voters who request assistance that
this service is available. As an alternative, suggest that the assistance be
provided by a member of the voter's immediate family if possible.
· Role
of Facility Employees:
In many facility settings, the U.S. Postal Service delivers mail to a central
point in the facility. Where such arrangements have been made, facility staff
are often responsible for delivering the mail to facility residents. It is
also not uncommon for facility staff to collect outgoing mail from the
residents for pick up by the U.S. Postal Service.
The handling of mail by facility staff is
acceptable as long as the staff person is one whose job normally includes the
handling of mail and the handling occurs during the course of their employment
with the facility. Michigan election law limits the persons who may be in
possess of a voter's ballot to the following: 1) the absent voter 2) a person
who is a member of the absent voter's immediate family or resides in the
absent voter's household and who has been asked by the absent voter to return
the ballot 3) a person whose job it is to handle mail before, during, or after
being transported by a public postal service, express mail service, parcel
post service, or common carrier, but only during the normal course of his or
her employment and 4) the clerk, assistants of the clerk, and other authorized
election officials of the city, township or village.
· Signature
Verification Required:
In all cases, the absentee ballot application, as well as the outside of the
return envelope, must be signed by the voter. A comparison of the voter's
signature on the absentee ballot application must be made against the Master
Card or digitized signature in the QVF before a ballot may be issued.
A comparison of the voter's signature on the outside of the return envelope
must also be made before the return envelope can be opened on Election Day for
processing.
If the signature on the absentee ballot
application does not agree with the signature on file for the voter, a ballot
may not be issued until the discrepancy is resolved. If the voter's signature
has changed due to age or illness, an updated signature must be obtained for
future use. If the signature on the outside of the return envelope does not
agree, again, the discrepancy must be resolved before the ballot can be
processed. In this case, you should attempt to contact the voter to make
arrangements for the envelope to be signed. However, if the signature can not
be obtained by 8:00 p.m. on November 4, the ballot cannot be counted.
· Voters
Unable to Sign:
Voters who are unable to sign their name due to a physical condition may sign
an application or return envelope using an "X" or other mark. It should be
further noted that family members or others who claim to have
"power-of-attorney" or have been granted guardianship over a voter may not
sign on a voter's behalf.
·
Group Voting
Prohibited:
It is a felony for anyone to plan or organize a meeting at which absentee
ballots are marked. In addition, it is a misdemeanor for a person to
participate in a meeting or a portion of a meeting of more than 2 persons,
other than the person's immediate family, at which absentee ballots are
marked. As a result, multiple voters may not be brought into a community or
recreational room, dining hall or other common area for the purpose of marking
ballots. All ballots must be marked in private. If a voter who resides in a
long term care facility requests assistance with the marking of his or her
ballot, the assistance must be provided in the voter's private living quarters
or some other private area.
· Delivery
of Absentee Ballots:
Election
officials and their authorized assistants should never offer or solicit to
hand deliver absentee ballots unless the hand delivery of the ballot is
necessary to ensure the timely return of the ballot.
In every case, a requested absentee ballot must be transmitted to the
applicant by mail if there is an adequate amount of time for the voter
to receive the ballot by mail, vote the ballot and return the ballot prior to
8:00 p.m. on the date of the election.
·
If the absentee voter receives assistance from another person
when marking the ballot, the individual who provided the assistance
must sign the certificate shown below. The certificate appears on the outside
of the ballot return envelope.
The certificate must be
signed by any person who assists an absentee voter mark his or her
ballot including the voter's spouse, a household member who lives with the
voter, an election official or an individual employed as an election
assistant.
Given the above restrictions, it is important
to note that an absentee voter is not permitted to ask another voter
who is not a member of the voter's immediate family or household to return his
or her absentee ballot.
·
An election
official is required to pick up a voter's absentee ballot if all
of the following conditions are satisfied: 1) the election official
issued the ballot to the voter 2) the voter is unable to return the ballot
under any of the authorized delivery methods 3) the voter calls to request the
pick up of his or her ballot before 5:00 p.m. on the Friday immediately
preceding the election and 4) it is not necessary for the election official to
travel outside of the jurisdiction to obtain the ballot.
As noted above, under any other
circumstances, if requested by the voter, an election official (or
authorized assistant) may pick up a voter's absentee ballot at the
election official's discretion if 1) the election
official issued the ballot to the voter and 2) the voter is unable to return
the ballot under any of the authorized delivery methods.
Election assistants
authorized to pick up absentee ballots must carry appropriate credentials and
show them when asked.
Question? Please contact
the Bureau of Elections at: 1-800-292-5973.
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