Section 115.277

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2022, 6 histories   

  115.277.  Persons eligible to vote absentee — reasons — voting procedure. — 1.  A registered voter of this state may cast an absentee ballot in person at a location designated by the election authority for all candidates and issues for which such voter is eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to one of the reasons listed in subsection 3 of this section.  A registered voter casting a ballot under the provisions of this subsection shall provide a form of personal photo identification that is consistent with subsection 1 of section 115.427.  Beginning on the second Tuesday prior to an election, a reason listed under subsection 3 of this section shall not be required, provided that, the provisions of section 1.140 to the contrary notwithstanding, this sentence and section 115.427 shall be nonseverable, and if any provision of section 115.427 is for any reason held to be invalid, such decision shall invalidate this sentence.

  2.  Except as provided in subsections 4, 5, and 6 of this section, a registered voter of this state may cast an absentee ballot not in person at a location designated by the election authority for all candidates and issues for which such voter would be eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to one of the reasons listed in subsection 3 of this section.  An absentee ballot that is not requested and completed in person at the office of the election authority with a form of personal photo identification that is consistent with subsection 1 of section 115.427 shall have the statement on the ballot envelope notarized as required under section 115.283, except that absentee ballots requested under subdivisions (2) and (5) of subsection 3 of this section shall not require notarization.  This subsection shall apply only in the case of absentee ballots that are not cast in person.

  3.  A voter may request an absentee ballot for any of the following reasons:

  (1)  Absence on election day from the jurisdiction of the election authority in which such voter is registered to vote;

  (2)  Incapacity or confinement due to illness or physical disability on election day, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability and resides at the same address;

  (3)  Religious belief or practice;

  (4)  Employment as:

  (a)  An election authority, as a member of an election authority, or by an election authority at a location other than such voter's polling place;

  (b)  A first responder;

  (c)  A health care worker; or

  (d)  A member of law enforcement;

  (5)  Incarceration, provided all qualifications for voting are retained;

  (6)  Certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns.

  4.  Any covered voter who is eligible to register and vote in this state may vote in any election for federal office, statewide office, state legislative office, or statewide ballot initiatives by submitting a federal postcard application to apply to vote by absentee ballot or by submitting a federal postcard application at the polling place even though the person is not registered.  A federal postcard application submitted by a covered voter pursuant to this subsection shall also serve as a voter registration application under section 115.908 and the election authority shall, if satisfied that the applicant is entitled to register, place the voter's name on the voter registration file.  Each covered voter may vote by absentee ballot or, upon submitting an affidavit that the person is qualified to vote in the election, may vote at the person's polling place.

  5.  Any interstate former resident may vote by absentee ballot for presidential and vice presidential electors.

  6.  Any new resident may vote by absentee ballot for presidential and vice presidential electors after registering to vote in such resident's new jurisdiction of residence.

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(L. 1977 H.B. 101 § 9.005, A.L. 1982 S.B. 526, A.L. 1986 H.B. 1471, et al., A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511, A.L. 2013 S.B. 116, A.L. 2015 S.B. 34 & 105, A.L. 2020 S.B. 631, A.L. 2022 H.B. 1878)