§ 7-5-409 — Materials furnished to qualified voters

(a) (1) (A) The county clerk shall satisfy himself or herself that the applicant for an absentee ballot is a qualified registered elector in the ward, precinct, or township in which he or she claims to be a resident or that the applicant does not require prior registration under § 7-5-406 . (B) The county clerk shall verify that the application has been properly signed by the applicant and, if necessary, the designated bearer, administrator, or authorized agent. If the application is not properly signed, the application shall be rejected by the county clerk. (C) The county clerk shall notify the applicant of the reason for the rejection. (2) If the county clerk is unable to contact the applicant to cure the deficiency, the county clerk shall forward the application with the reason for the rejection to the county board of election commissioners. The county board of election commissioners shall determine whether the applicant is a qualified elector. (b) If the applicant is registered or is otherwise eligible to vote absentee, the county clerk, prior to mailing or delivering the ballot, shall detach the ballot stub and deposit the ballot stub into a sealed box designated as "Absentee Stub Box" and deliver to the applicant or to the applicant's designated bearer, authorized agent, or administrator for delivery to the applicant the following materials: (1) An official absentee ballot for each election named in the application; (2) Instructions for voting and returning the official absentee ballot to the county clerk; (3) An official absentee ballot secrecy envelope on which there shall be written or printed the words "Ballot Only"; (4) (A) (i) A uniform voter statement created and approved by the State Board of Election Commissioners. (ii) The voter statement shall include the following heading in bold capitalized letters: "THIS VOTER STATEMENT SHALL BE COMPLETED AND RETURNED IN THE MAILING ENVELOPE OR THE ABSENTEE BALLOT WILL NOT BE COUNTED." (iii) The voter statement shall include the following statement in bold capitalized letters at the bottom of the page: "THE INFORMATION I HAVE PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE UNDER PENALTY OF PERJURY. IF I HAVE PROVIDED FALSE INFORMATION, I MAY BE SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL OR STATE LAWS." (iv) The voter statement shall include a statement that the voter resides at the address on his or her application. (v) The voter statement shall include a statement for a first-time voter who registers by mail: "If I am a newly registered voter of this county and this is the first time I am voting in this county, I am enclosing a copy of a current and valid photo identification card or a current utility bill, bank statement, government check, paycheck, or other government document that shows my name and address." (B) Blanks shall be provided for the voter to provide his or her printed name, signature, mailing address, residential voting address, date of birth, printed name and address of the administrator, authorized agent, or designated bearer, signature of administrator, authorized agent, or designated bearer, and address of the administrator, authorized agent, or designated bearer. (C) (i) The voter statement shall include a sworn statement portion that may be completed by the voter stating that the voter is registered to vote and that he or she is the person who is registered. (ii) The sworn statement portion of the voter statement is not required to be notarized, but the voter shall execute the sworn statement under penalty of perjury; (5) A sealable envelope upon which shall be printed or written the words: "Return Envelope", the address of the county clerk, the precinct of the voter, and the words: "ABSENTEE BALLOT, ..............., ..............., ELECTION"; and (6) An authorized agent authorization form, as follows: "AGENT AUTHORIZATION FORM If applicable, fill out and sign this form and place it in the Return Envelope I hereby authorize ...............(insert his or her name) as my authorized agent, to deliver this ballot as I am medically unable to vote on election day. An affidavit verifying my medical status as unable to deliver the application or to vote on the day of the election is attached or has been provided with my application. ............... Signature of voter ............... Printed name of voter ............... Address of voter ............... Date of birth of voter." (c) (1) Except for absentee ballots mailed to an address outside the county in which the applicant is registered, an absentee ballot shall be mailed to the address that appears on the applicant's registration record or absentee ballot application if the voter is temporarily at a different address. (2) The county clerk shall not mail more than two (2) absentee ballots to the same address unless: (A) The address is outside the territorial limits of the United States; (B) The address is for a long-term care or residential care facility licensed by the state; or (C) There are more than two (2) persons lawfully registered at the same address. (d) The county clerk shall not deliver an absentee ballot to any person other than the absentee voter unless the person picking up the ballot: (1) Is either: (A) The voter's: (i) Designated bearer; or (ii) Authorized agent; or (B) The administrator of a long-term care or residential care facility licensed by the state in which the voter resides; and (2) Provides to the county clerk a current and valid federal-issued or state-issued document or identification card that includes his or her name and photograph. (e) The county clerk shall not provide more than two (2) absentee ballots per election to any designated bearer or authorized agent, nor shall the county clerk accept delivery of more than two (2) absentee ballots per election from any designated bearer or authorized agent. (f) A designated bearer shall be allowed to pick up only two (2) absentee ballots from the county clerk only during the fifteen (15) days prior to a school election, special election, preferential primary election, or general election and seven (7) days prior to a runoff election, including a general primary election. (g) Upon delivery of an absentee ballot to an individual authorized to receive an absentee ballot, the county clerk shall mark the electronic voter registration list and the precinct voter registration list to indicate that an absentee ballot has been delivered to the voter. (h) The county clerk or other designated election official providing materials to qualified voters shall not distribute: (1) Unsolicited absentee ballot applications to electors; or (2) Unsolicited absentee ballots to electors. (i) The county clerk and other designated election officials providing materials to qualified voters may: (1) Display a printable or downloadable absentee ballot application form on the internet; (2) Post links to the absentee ballot application form on social media of any type; and (3) Make paper copies of absentee ballot application forms available for distribution or to be available upon request by a qualified voter in: (A) The county clerk's office; or (B) Other governmental offices. (j) A person who purposely violates subsection (h) of this section upon conviction shall be guilty of a Class A misdemeanor.

Legislative History

Amended by Act 2023, No. 320,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 320,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 736,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 4, eff. 7/28/2021. Amended by Act 2017, No. 633,§ 11, eff. 8/1/2017. Amended by Act 2013, No. 1424,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 1424,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 1424,§ 6, eff. 8/16/2013. Acts 1969, No. 465, Art. 9, § 7; 1971, No. 261, § 25; 1983, No. 430, § 4; 1985, No. 567, § 3; 1985, No. 568, § 3; A.S.A. 1947, § 3-907; Acts 1987, No. 843, § 3; 1989, No. 912, § 8; 1993, No. 1201, § 3; 1995, No. 103, § 1; 1997, No. 1092, § 6; 1999, No. 918, § 2; 1999, No. 1243, §§ 1, 2; 1999, No. 1344, § 1; 1999, No. 1538, § 1; 2001, No. 1379, § 1; 2003, No. 647, § 1; 2003, No. 994, § 10; 2003, No. 1202, § 2; 2003, No. 1275, §§ 2, 3; 2005, No. 880, § 4; 2005, No. 2193, § 3; 2007, No. 543, § 4; 2007, No. 556, § 7; 2009, No. 26, § 2; 2009, No. 250, §§ 9, 10; 2009, No. 375, § 2.