Subject: Legislative Update – Changes to the Laws Governing the Absentee
Ballot Application Process
As you plan
your voter service activities, the League would like you to be aware of
recent changes to the laws governing the absentee ballot application
process. These changes are part of Public Act 05-235 which was signed into
law by Governor Rell on July 8, 2005.
Public Act 05-235 imposes
a number of new requirements on town clerks and people who distribute
absentee ballots.
THE PROVISIONS OF PUBLIC ACT 05-235 WHICH
DEAL WITH THE ABSENTEE VOTING ARE EFFECTIVE JULY 1, 2005 AND APPLICABLE TO
ELECTIONS, PRIMARIES AND REFERENDA HELD ON OR AFTER SEPTEMBER 1, 2005.
Among other things, the Act--
-
Requires town clerks
to keep a log of all absentee ballot applications they provide,
including the name and address of each recipient and the number of
applications received;
-
Prohibits
misrepresentation of the requirements for absentee voting;
-
Requires anyone who
distributes ballot applications to register with the town clerk before
distributing 5 or more applications (other than to immediate family
members or as the designee of an absentee ballot applicant);
-
Requires ballot
application distributors (1) to file a list of the names and addresses
of all the people who received absentee ballot applications with the
town clerk prior to the applicable election, primary or referendum and
(2) to turn over any executed applications he/she receives to the town
clerk right away;
-
Prohibits candidates,
parties and political committees from mailing unsolicited absentee
ballot applications unless accompanied by certain notices regarding
absentee balloting;
-
Requires the SOTS to
post on her website (1) a notice that states that a person may download
an absentee ballot application from the website only for his/her own use
or use by immediate family members or a designee and (2) an advisory
statement that distributors of 5 or more applications to others must
register with their town clerk; and
-
Makes absentee voting
law violators ineligible for accelerated rehabilitation. The law also
increases the criminal penalties for registration and voting fraud.
Please
note that the requirements for ballot application distributors apply to "any
person"--not just to candidates, party and campaign workers.
We will be discussing the provisions of Public Act 05-235, an omnibus
election reform law, in greater detail at our Presidents’ Dinner on
September 7. In the meantime, if you have any questions regarding this law,
please contact Christine Horrigan at
cshorrigan@optonline.net.
