Chapter 7.30
ABSENTEE VOTING
Sections:
7.30.040 Emergency application.
7.30.050 Casting absentee ballots.
7.30.010 Eligibility.
Any qualified voter who expects to be absent from the city or who will be unable to vote by reason of a physical disability on the day of election, may cast an absentee ballot in the municipal election by complying with the provisions of obtaining and preparing such a ballot. (Ord. O-93-6-6 § 1 (part), 1994)
7.30.020 Application.
A person seeking to vote by absentee ballot may file either in person, by mail, or by telephonic facsimile a written application to the city clerk. An application by mail must be received by the city clerk not before the first notice of election nor less than five days before the election. An application made in person must be filed with the city clerk not more than twenty days nor less than one day before the election. The application shall state the legal name of the applicant, his or her residence or mailing address within the municipality, and the address to which he or she wishes the absentee ballot mailed or delivered. The application shall be signed by the applicant, and shall make clear to the city clerk the applicant’s right to an absentee ballot. (Ord. O-93-6-6 § 1 (part), 1994)
7.30.030 Issuance of ballot.
If it appears to the city clerk that the applicant is eligible to vote in the municipal election and eligible to vote by absentee ballot, the city clerk may issue an absentee ballot. Upon delivering or mailing an absentee ballot, the clerk shall enter on the application of the absent voter the number of the ballot and the date of delivery or mailing. Materials supplied by the city clerk to the absentee voter shall include a ballot, a ballot envelope, and a return envelope. The return envelope shall have printed upon it an affidavit by which the voter shall declare his or her qualifications to vote, followed by a provision for attestation by a witnessing officer. The following notice shall appear on the return envelope: “Notice: Marked Ballot Enclosed. To Be Opened Only By Election Officer.” (Ord. O-93-6-6 § 1 (part), 1994)
7.30.040 Emergency application.
Any qualified voter who is a patient under the care of a physician in a hospital or in a private home on the day of election and who is unable to vote in the polling place of his precinct may request delivery of a ballot to him after the time of application for absentee ballots has lapsed. Such requests may be made by telephone or by a third party on the voter’s behalf. If in the opinion of the city clerk there is time for the voted ballot to be returned before closing of the polls, a duly appointed and sworn election official shall take the ballot, along with an absentee ballot application and other necessary materials, to the voter. After having filled out and having signed the application for an absentee ballot, the voter shall cast his or her ballot in the manner provided in this chapter for absentee voting. If there is question of the voter’s qualifications, he or she may be challenged in the same manner as other voters. (Ord. O-93-6-6 § 1 (part), 1994)
7.30.050 Casting absentee ballots.
(a) At any time on or before the day of the election, a voter issued an absentee ballot may appear before any person authorized by law to administer oaths, including the city clerk, and in the presence of such officer shall cast his or her ballot in the following manner:
(1) The voter shall first display the ballot to the person authorized by law to administer oaths, as evidence that the ballot is not marked.
(2) The voter shall proceed to mark the ballot in the presence of the person authorized by law to administer oaths, but in such a manner that this person is unable to see how the ballot is being marked. The voter shall then fold the ballot and enclose it in the identification envelope.
(3) The voter shall then complete, or cause to be completed, the sworn affidavit printed on the face of the identification envelope, and deliver it properly sealed to the person authorized by law to administer oaths.
(4) The person authorized by law to administer oaths, shall then certify to the affidavit printed on the identification envelope.
(b) All absentee ballots must be received by the city clerk from the absentee voter before eight p.m. on the day of the election. The city clerk shall deliver all absentee ballots to the election judges. The city clerk shall open the envelopes containing the absentee ballots in the presence of the election judges. The judges shall identify the voter against the voting records of the city for eligibility, and without unfolding the ballot, deposit it in the ballot box. Any ballot submitted by a voter in his voting precinct shall be invalid if that voter has previously voted by absentee ballot. The identification envelope shall be retained as proof of the absentee vote. (Ord. O-93-6-6 § 1 (part), 1994)