Absentee

Off Trend and Out-Dated: Absentee Ballot Restrictions Effect Pennsylvania First Responders and Shift Workers

Election Law Society · March 11, 2019 ·

By Allie Amado

Absentee voting dates back to the Civil War, when soldiers mailed ballots to family members to cast by proxy in their name. These practices became official in the 1900s when states established processes to allow ballots to be mailed directly to election officials if they had a state-approved excuse for casting an absentee ballot. California was the first state to eliminate the excuse requirement for voting by mail in 1980, followed by other western states, some of which have implemented a permanent mail-in voting process. In 1996, Florida, Tennessee, and Texas opened their election process by permitting in-person early voting in satellite polling places across the state. In 2001, a challenge to Oregon’s no-excuse absentee ballots, in Voting Integrity Project, Inc., v. Keisling, resulted in the holding that early voting is legal, despite the federal law setting a uniform day of voting, as long as ballots are not counted until Election Day.

Recent New Jersey State Election Law Limits Delivery of Mail-In Ballots by Authorized Individuals

Election Law Society · April 8, 2016 ·

By Briana Cornelius

On August 10, 2015, the New Jersey legislature passed a new state election law, Public Law 2015, Chapter 84, which limits the number of “Vote by Mail” ballots that a designated delivery person can pick up and deliver on behalf of other registered voters. Under the New Jersey “Vote by Mail Law,” an “authorized messenger” is an individual who is permitted to obtain mail-in ballots for other qualified voters. Previously, authorized messengers were allowed to obtain up to ten ballots for delivery to other voters, and “bearers” were permitted to return an unlimited number of completed ballots to county election boards on behalf of other voters. The new law, which took effect immediately, reduces the number of ballots that both an authorized messenger and bearer can deliver to just three. This change in the law (you can see the previous version of the law here) represents the first time there has been any limit on the number of ballots that a bearer can deliver to county election officials.

Signed, Sealed, and Delivered: Absentee Voting in North Carolina

Election Law Society · October 7, 2014 ·

By: Julie Tulbert

All eyes are on the Supreme Court as we wait to find out what they will do with North Carolina’s emergency appeal of the 4^th Circuit’s decision to grant an injunction against two provisions of the state’s Voter Identification and Verification Act. This injunction applies to the elimination of same-day voting and the ability to count ballots from people voting out of their precinct. One issue that is absent from the discussion? Absentee postal voting.

Indiana Nursing Homes: Hotbeds of Absentee Voters Ripe for the Picking?

Election Law Society · September 23, 2014 ·

By: Staff Writer

A quick glance at the calendar shows another Election Day fast approaching. Television commercials, radio advertisements, and yard signs provide constant reminders of a day that will come and go for many Americans–except maybe the candidates who might win just enough of the scant few votes cast to claim their seats on local councils and boards, on state legislatures, and even in Congress. Despite the apathy of the typical citizen when it comes to non-Presidential elections, one group stands out as at least slightly more proactive and civic-minded than average. This group consists of absentee voters–some of whom voted this year as early as the 15^th of September. While many people are aware of this practice that allows citizens to vote without having to visit a polling place on the day of the election, most people know little about all the different absentee-like options available in the 50 states.

Indiana provides two versions of absentee voting to citizens–the traditional “no-excuse” mail-in absentee ballot and the newer, seemingly oxymoronic, “in-person” absentee method. Importantly, Indiana’s photo ID laws do not apply to absentee-by-mail voters. With two different methods available, it seems many citizens would take advantage of the convenience and ease of the process. But who votes absentee anyway? Luckily, I happen to know of at least one group of about 60 people in a small northern Indiana town who would not miss this opportunity to cast a ballot. These citizens are residents of one of the 511 nursing homes in the state of Indiana–a state with 4.4 million registered voters as of 2012. And while 60 out of 4.4 million may seem insignificant, it is helpful to remember that, especially in smaller races, the difference between winning and losing may depend on a number not far off from 60 votes. This fact combined with Gallup estimates showing older voters accounted for 36% of the electorate in 2012 (the largest generational group) provides sufficient incentive for local politicians to make at least one campaign stop at the nearest nursing facility. It turns out that is exactly what Indiana District 22 GOP candidate Curt Nisly did.

Weekly Wrap-Up

Election Law Society · October 1, 2010 ·

Virginia governor Robert McDonnell is outpacing his Democratic predecessors in restoring voting rights to felons. McDonnell, known as a law-and-order attorney general, has approved 780 of 889 applications — approximately 88 percent of applications — since taking office in January. His predecessors, Democrats Timothy Kaine and Mark Warner, restored the rights of 4,402 and 3,486 felons, respectively. McDonnell revamped the process for restoring voting rights to felons, reducing the wait time for nonviolent felons to two years, allowing applicants to submit documents online, and self-imposing a deadline of 60 days after the application is complete to make a decision. Even as this process continues, however, 300,000 people in Virginia remain disenfranchised.

Rahm Emanuel may be out of a job. The same day that the White House announced he was leaving his post as Chief of Staff to run for mayor of Chicago, attorney Burt Odelson pointed out a 1871 law requiring candidates to live in their jurisdiction for the year before the election. Since Emanuel leased out his house in Chicago while he was working in DC, this may block him from running for Mayor.
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